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clarification please:

dirtykoala

Regular Member
Joined
Jan 27, 2009
Messages
644
imported post

i recently purchased a new car and inside the trunk, under a carpet covered tray there is a little compartment made of styrofoam that could fit my kimber and a mag next to it perfectly. i dont think this will be legal 100% of the time though...

scenario 1: gun is in trunk, under tray, trunk is closed and locked. i am sure this is legal.

scenario 2: gun is in trunk, under tray, i open trunk to put something in it. gun is illegaly concealed? or being lawfully transported?




here you can see the tray im talking about at the bottom of the trunk:

s_trunk.jpg
 

mjones

Regular Member
Joined
Jul 15, 2008
Messages
976
Location
Prescott, AZ
imported post

dirtykoala wrote:
scenario 1: gun is in trunk, under tray, trunk is closed and locked. i am sure this is legal.

scenario 2: gun is in trunk, under tray, i open trunk to put something in it. gun is illegaly concealed? or being lawfully transported?

1)Perfectly legal so long asthe trunk is a 'secure container' i.e. no unlocked passthru at the back seat. Is there a button trunk release? According to some, that puts it into a gray area if access to the button isn't locked....

2) This scenario relies heavily on whether or not you satisfy another exemption to 12025. In other words, concealed in trunk, but trunk open, car in your garage; perfectly legal. Same scenario in a different location could be illegal.

The 'simple' answer to guarantee both scenarios are always legal - use a locked container within your trunk.
 

bigtoe416

Anti-Saldana Freedom Fighter
Joined
Jun 3, 2008
Messages
1,747
Location
Oregon
imported post

mjones wrote:
dirtykoala wrote:
scenario 1: gun is in trunk, under tray, trunk is closed and locked. i am sure this is legal.

scenario 2: gun is in trunk, under tray, i open trunk to put something in it. gun is illegaly concealed? or being lawfully transported?

1)Perfectly legal so long asthe trunk is a 'secure container' i.e. no unlocked passthru at the back seat. Is there a button trunk release? According to some, that puts it into a gray area if access to the button isn't locked....

2) This scenario relies heavily on whether or not you satisfy another exemption to 12025. In other words, concealed in trunk, but trunk open, car in your garage; perfectly legal. Same scenario in a different location could be illegal.

The 'simple' answer to guarantee both scenarios are always legal - use a locked container within your trunk.
+1. This is equivalent to if you were removing the lock of your locked container. For the brief moment where the lock is off and the gun is not exposed, you're technically violating 12025 because you have an unlocked concealed weapon. I'd say if you're opening your trunk and an officer accosts you, then you were in the process of removing your firearm.

This is the same question as if you have a candybar in your fully enclosed locked container and you go to remove it, but you leave the handgun in the container and re-lock it, are you violating 12025? Lets just say I'd look around for cops before I did either.
 

CA_Libertarian

State Researcher
Joined
Jul 18, 2007
Messages
2,585
Location
Stanislaus County, California, USA
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I'd also make sure your seats can't be folded down without using a key. I've found that many new cars' trunks aren't actually "secure" as keyless access is available from the passenger compartment.

If in doubt, use a locked container.
 

Gundude

Regular Member
Joined
Sep 30, 2009
Messages
1,691
Location
Sandy Eggo County
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My trunk is accessable by way of a key, the remote control on my keyring, a keypad on the drivers door, a lever inside the drivers door, jaws of life and a large sledge hammer. Thats why I have this.....
 
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