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keeping weapins locked

Chrisc411

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Sep 8, 2009
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137
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Lemon Grove, Ca.
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hoping someone can point me in the right direction. I looking to try and find the penal codes that state that firearms need to be locked and inaccessible to minors in the home.
 

CA_Libertarian

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Jul 18, 2007
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Stanislaus County, California, USA
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Once Heller is incorporated against the states, this law will be mooted. One of the issues addressed in Heller was DC's requirement that firearms kept in the home must be kept locked up or dismantled. SCOTUS ruled that this defeated the purpose of possessing firearms for self defense, and revoked that DC law (among others).

So, for now:

If you know or reasonably should know a minor has access to your home, then you must either keep it locked up -- OR -- keep it in your immediate possession/control. (IMO immediate possession/control would be within arm's reach.)
 

Streetbikerr6

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Feb 2, 2009
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Folsom, , USA
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CA_Libertarian wrote:
Once Heller is incorporated against the states, this law will be mooted. One of the issues addressed in Heller was DC's requirement that firearms kept in the home must be kept locked up or dismantled. SCOTUS ruled that this defeated the purpose of possessing firearms for self defense, and revoked that DC law (among others).

So, for now:

If you know or reasonably should know a minor has access to your home, then you must either keep it locked up -- OR -- keep it in your immediate possession/control. (IMO immediate possession/control would be within arm's reach.)
Would it being loaded in your room witha locked room door while you are out of the home be ok if children in home? Sorry I am too lazy to read through the code right now.
 

mjones

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Prescott, AZ
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Streetbikerr6 wrote:
Would it being loaded in your room witha locked room door while you are out of the home be ok if children in home? Sorry I am too lazy to read through the code right now.
yes
 

mjones

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Prescott, AZ
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mjones wrote:
Streetbikerr6 wrote:
Would it being loaded in your room witha locked room door while you are out of the home be ok if children in home? Sorry I am too lazy to read through the code right now.
yes

It just dawned on my you said 'while out of the home'

While I or my wife are IN the home, I'm plenty comfortable doing this...if we are both out of the homeeverything goes into the safes.

If they were beyond a door that required an actual key (as opposed to a small screwdriver) I might be comfortable with it.

This isn't something I need to deal with much. We have not kids ourselves and out of our bagillion nieces and nephews all buta few are adults.
 

Decoligny

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Nov 29, 2007
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1,865
Location
Rosamond, California, USA
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Streetbikerr6 wrote:
CA_Libertarian wrote:
Once Heller is incorporated against the states, this law will be mooted. One of the issues addressed in Heller was DC's requirement that firearms kept in the home must be kept locked up or dismantled. SCOTUS ruled that this defeated the purpose of possessing firearms for self defense, and revoked that DC law (among others).

So, for now:

If you know or reasonably should know a minor has access to your home, then you must either keep it locked up -- OR -- keep it in your immediate possession/control. (IMO immediate possession/control would be within arm's reach.)
Would it being loaded in your room witha locked room door while you are out of the home be ok if children in home? Sorry I am too lazy to read through the code right now.
According to the PC it is only a crime if a child actually gets ahold of the gun, and the child takes it to a school, or the child harms him/herself or someone else with the gun.

So, from a strictly legal standpoint, you could "legally" leave your loaded firearms laying all over the house with dozens of little kids running freely as long as none of them do anything with the guns. (DO NOT TRY THIS AT HOME).

From a safety standpoint, unless the firearm is under the direct control of a responsible adult, it should be inaccessable to children, i.e. locked up.
 

CA_Libertarian

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Jul 18, 2007
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Location
Stanislaus County, California, USA
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Streetbikerr6 wrote:
Would it being loaded in your room witha locked room door while you are out of the home be ok if children in home? Sorry I am too lazy to read through the code right now.
Sorry for the delayed response... just now getting caught up with forum activity after a little break.

As others have indicated, it's only a crime if a child gains possession of the firearm AND takes the firearm into a public place OR causes harm to self/others with said firearm.

Now, what would a jury consider "secure"? ... your guess is as good as mine. I err on the side of caution... that child is gonna have to have a crow bar and a lot of help to get to it. Your standard interior door may not meet the jury's standards (I've personally seen one door lock defeated by a Q-tip).
 
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