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View Full Version : Handgun in glove compartment - legal?


GJJ
05-17-2009, 2:10 PM
If you have an unloaded handgun in a locked case, can you store it in the glove compartment of your car?

DDT
05-17-2009, 2:15 PM
Yes.

CitaDeL
05-17-2009, 2:16 PM
If you have an unloaded handgun in a locked case, can you store it in the glove compartment of your car?

What do you mean by 'store' it?

Possesing and transporting an unloaded firearm in a fully enclosed locked case is not illegal even if it is in your glove compartment. But I wouldnt 'store' it there.

tombinghamthegreat
05-17-2009, 2:37 PM
yes since its already in a locked container it can be anywhere, even under the seat.

MP301
05-17-2009, 3:08 PM
NO! I think the Glove box is specifically a no no. Somebody else will have o look it up cause I dont have the section handy...

tombinghamthegreat
05-17-2009, 3:12 PM
NO! I think the Glove box is specifically a no no. Somebody else will have o look it up cause I dont have the section handy...

It is a no no but if it is in lets say a locked handgun case already, then the law does not apply. If the person where just to put the handgun in the glove box then he would be in violation of 12025.

hoffmang
05-17-2009, 3:12 PM
The penal code specifically states that a glove box is not a locked container. It is arguable that a locked container in a glove box is still a locked container, but I don't think its very prudent to open that can a worms in a way that will cost you lots of dollars to defend.

-Gene

Decoligny
05-17-2009, 3:13 PM
NO! I think the Glove box is specifically a no no. Somebody else will have o look it up cause I dont have the section handy...

Wrong. The Penal code only states that the glove compartment and the utility compartment are not considered a "secure container". This means that locking your handgun in only the glovebox is a no no.

If it is fully enclosed in a locked secure container it is exempt from PC 12025 which deals with concealed carry. If that LOCKED CONTAINER is velcroed to the dashboard you are fine. If it is under the seat it is fine. If it is in the glovebox, it is fine.

762cavalier
05-17-2009, 3:13 PM
NO! I think the Glove box is specifically a no no. Somebody else will have o look it up cause I dont have the section handy...

The glove compartment itself cannot be used as the locked container. You can, however, put a handgun locked in a separated container in your glove-box

Fire in the Hole
05-17-2009, 3:16 PM
What do you mean by 'store' it?

Possesing and transporting an unloaded firearm in a fully enclosed locked case is not illegal even if it is in your glove compartment. But I wouldnt 'store' it there.

Wrong. From the CA DOJ Website:

Traveling with Firearms in California

HANDGUNS:
California Penal Code section 12025 does not prevent a citizen of the United States over 18 years of age who is not lawfully prohibited from firearm possession, and who resides or is temporarily in California, from transporting by motor vehicle any pistol, revolver, or other firearm capable of being concealed upon the person provided the firearm is unloaded and stored in a locked container.

The term "locked container" means a secure container which is fully enclosed and locked by a padlock, key lock, combination lock, or similar locking device. This includes the trunk of a motor vehicle, but does not include the utility or glove compartment. For more information, refer to California Penal Code Section 12026.1.

Roadrunner
05-17-2009, 3:18 PM
The California gun law is 12026.1 (http://www.leginfo.ca.gov/cgi-bin/waisgate?WAISdocID=6021626551+1+0+0&WAISaction=retrieve)

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.

bruss01
05-17-2009, 3:18 PM
Right.

If the handgun is unloaded and in a locked container, the locked container can be inside the glove compartment, inside the console, on your lap, on the dashboard, in the passenger seat, under the driver's seat, in the backseat floorboards, duct-taped to the hood or dragging behind the car on a 50 foot log chain. These are all legal. The one stipulation that may come into play is your use of the word "store". Are you talking about storing it there when you leave the house going to the range, and storing it there again when you leave the range going home? Those are unquestionably legal. "Storing" as in this is where it lives 24 hours a day, 365 days a year, regardless of where you are going or what you are doing? Some will question the strict legality of this practice. Most will recommend a lawyer to advise you on this. Most of the advice you're likely to receive boils down to "when it doubt, don't."

Ten Rounder
05-17-2009, 3:25 PM
Glove box or center counsel can not be "the locked container," but have the gun in 'ITS OWN' locked container would be legal. I just don't think it would be wise to do that as it leaves you open for unwanted inspection. Traveling around is not allowed with a pistol. If you want a trunk gun, get a rifle, Less restrictions. Pistols are to be transported from home-work-range-gunshop-hunting but not around all the time. I don't know the code but someone will bring it up.

A CCW will exempt all the above and the pistol can be hidden and tossed anywhere and stored in any manner. The issue here is to keep the pistol under your control and the glove box is a poor place for either CCW of in a container.

TheBundo
05-17-2009, 3:48 PM
Glove box or center counsel can not be "the locked container," but have the gun in 'ITS OWN' locked container would be legal. I just don't think it would be wise to do that as it leaves you open for unwanted inspection. Traveling around is not allowed with a pistol. If you want a trunk gun, get a rifle, Less restrictions. Pistols are to be transported from home-work-range-gunshop-hunting but not around all the time. I don't know the code but someone will bring it up.

A CCW will exempt all the above and the pistol can be hidden and tossed anywhere and stored in any manner. The issue here is to keep the pistol under your control and the glove box is a poor place for either CCW of in a container.

Or you might have some weird English car with the Glove Box in the trunk :43:

MP301
05-17-2009, 4:05 PM
The penal code specifically states that a glove box is not a locked container. It is arguable that a locked container in a glove box is still a locked container, but I don't think its very prudent to open that can a worms in a way that will cost you lots of dollars to defend.

-Gene

Yeah, I wouldnt do it. I knew there was something about a glove box that was a no no... but I was too lazy to look it up. Thanks for for the correction guys.

tombinghamthegreat
05-17-2009, 4:35 PM
Traveling around is not allowed with a pistol. If you want a trunk gun, get a rifle, Less restrictions. Pistols are to be transported from home-work-range-gunshop-hunting but not around all the time.

FUD. There is nothing preventing you from leaving a handgun with loaded mags in a locked container in a car or leaving it in plain sight.

CitaDeL
05-17-2009, 4:57 PM
Wrong. From the CA DOJ Website:

Traveling with Firearms in California

HANDGUNS:
California Penal Code section 12025 does not prevent a citizen of the United States over 18 years of age who is not lawfully prohibited from firearm possession, and who resides or is temporarily in California, from transporting by motor vehicle any pistol, revolver, or other firearm capable of being concealed upon the person provided the firearm is unloaded and stored in a locked container.

The term "locked container" means a secure container which is fully enclosed and locked by a padlock, key lock, combination lock, or similar locking device. This includes the trunk of a motor vehicle, but does not include the utility or glove compartment. For more information, refer to California Penal Code Section 12026.1.

Care to read my comment again? An unloaded firearm secured in a locked container transported inside a glove compartment is no crime.

jazman
05-17-2009, 5:31 PM
The penal code specifically states that a glove box is not a locked container. It is arguable that a locked container in a glove box is still a locked container, but I don't think its very prudent to open that can a worms in a way that will cost you lots of dollars to defend.

-Gene

This. Why take the chance? Don't know about anyone else, but I keep reg, insurance card, etc, in the glove box so need to get in there if I get pulled over. Why raise a red flag when the cop sees a gun box/gun rug in there? I don't need the aggravation personally, legal or not.

Glock22Fan
05-18-2009, 7:57 AM
(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.

Maybe I'm stretching the parsing of English way beyond what a D.A. would do, but I could parse this to mean that the locked container in the vehicle must not be in the utility or glove container.

To get the meaning that everyone is implying above, it should state something more like:

"or in a locked container, other than
the utility or glove compartment, in the vehicle."

or, better still:

"or in a locked container in the vehicle. For the purpose of this section, the utility and glove compartments are not considered to be locked containers."

O.K. I'm being pedantic. Just a thought though. It goes along with my philosophy of why look for trouble?

cassius
05-18-2009, 8:35 AM
If you have an unloaded handgun in a locked case, can you store it in the glove compartment of your car?


Silly trick question. Waste of time.

motorhead
05-18-2009, 9:08 AM
This. Why take the chance? Don't know about anyone else, but I keep reg, insurance card, etc, in the glove box so need to get in there if I get pulled over. Why raise a red flag when the cop sees a gun box/gun rug in there? I don't need the aggravation personally, legal or not.
+1meg! the cop(s) are always watching to see what comes out of the glovebox. they might not react well. now if you've had them pull guns on you before and it didn't bother you, head on.