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View Full Version : Clarification of handgun transport in glove box


mattmcg
02-26-2009, 11:14 AM
Transporting a handgun requires that it be in a locked case (for those without CCW) and the glove box does not constitute as a locked case. For reference, here is a cut and paste of the law:

>>>CA Penal Code
12026.1. (a) Section 12025 shall not be construed to prohibit any
citizen of the United States over the age of 18 years who resides or
is temporarily within this state, and who is not prohibited by state
or federal law from possessing, receiving, owning, or purchasing a
firearm, from transporting or carrying any pistol, revolver, or other
firearm capable of being concealed upon the person, provided that
the following applies to the firearm:
(1) The firearm is within a motor vehicle and it is locked in the
vehicle's trunk or in a locked container in the vehicle other than
the utility or glove compartment.
(2) The firearm is carried by the person directly to or from any
motor vehicle for any lawful purpose and, while carrying the firearm,
the firearm is contained within a locked container.
(b) The provisions of this section do not prohibit or limit the
otherwise lawful carrying or transportation of any pistol, revolver,
or other firearm capable of being concealed upon the person in
accordance with this chapter.
(c) As used in this section, "locked container" means a secure
container which is fully enclosed and locked by a padlock, key lock,
combination lock, or similar locking device.

That out of the way, would it be legal to have an unloaded pistol in a locked case stored within the glove box?

My first read of the law seems to just designate the whole glove box area as a forbidden area but I know the spirit of the law is that the glove box cannot serve as the locked case. Thoughts?

Doggboy
02-26-2009, 11:29 AM
I fit is in a separate locked container it can be stored anywhere in the vehicle. You are reading the law wrong, it just says the glove box dose not constitute an acceptable locked container.

Cypren
02-26-2009, 12:16 PM
I fit is in a separate locked container it can be stored anywhere in the vehicle. You are reading the law wrong, it just says the glove box dose not constitute an acceptable locked container.

This appears to me to be the correct reading of the law as well:

The first clause is that the "firearm is within the motor vehicle"; that does not specify a specific location where it can be, just that this applies to a firearm anywhere in the motor vehicle and that there will be further conditions.

The second clause is "it is locked in the vehicle's trunk". That means that as long as a weapon can be argued to be "locked in" the trunk (which means that hatchbacks that do not have a trunk separate from the vehicle compartment are a gray area of the law) it is definitely safe.

The third clause is "or in a locked container in the vehicle other than the utility or glove compartment". The "or" in this case represents an alternative to clause 2, not to clause 1, under traditional parsing. The "other" modifies the phrase "locked container", meaning that what is being listed are things which do not qualify as locked containers. The exception list does not in any way apply to clause 1 ("within the motor vehicle") as places where the gun cannot be stored.

So, like Doggboy said, this just means that if you put the gun in the glovebox, it must be fully enclosed in a separate locked container; the glovebox alone doesn't qualify.

I will note that I have, in speaking with police officers in several cities and counties in the state, noted that there is a very common misperception among rank-and-file law enforcement officers that only the trunk of a car qualifies under this statute. While this is definitely incorrect, and while few DAs would likely take this to court, the fact that this misperception appears widespread means that you would be well-advised to carry a copy of the requisite penal codes with you if you choose to store your firearm in a place other than the trunk of your car in order to avoid the hassle of a false arrest.

GuyW
02-26-2009, 12:21 PM
According to ONE part of CA law, Transporting a handgun requires that it be in a locked case


Fixed it...
.

DDT
02-26-2009, 1:58 PM
That out of the way, would it be legal to have an unloaded pistol in a locked case stored within the glove box?

Yes. That would be legal as far as I understand the statute.

Meplat
02-26-2009, 8:18 PM
Hint!! LE does not like surprizes. Do not keep your gun in the same turtle hole where you keep your registration.

Hint, hint, wink, wink; We don't want to know!!:thumbsup: