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mfmayes49
10-07-2009, 9:04 PM
I live in San Jose, I have no kids, Can i keep a loaded handgun in the open unlocked? Reason I'm asking is the police were here when my wife was sick , and they noticed I had a Handgun case I use to carry my firearm to the range. They asked me if case was locked and I said yes. reply was" Good!"

I know i can call the police and ask this question, but as things are here, I dont trust their answer.

Thanks for any info.

CHS
10-07-2009, 9:23 PM
You can keep a loaded gun around the house even if you DO have kids.

DSeifert
10-07-2009, 9:25 PM
They asked me if case was locked and I said yes. reply was" Good!"

Did they ask if the case contained a firearm? What does a locked case do if it is empty? :rolleyes:
Did this occur in your house or somewhere else? In public or at work?

mmartin
10-07-2009, 9:34 PM
You can keep a loaded gun around the house even if you DO have kids.

but if there are kids legally in your house and they do something bad with your gun, it's your problem.

megan

wildhawker
10-07-2009, 9:38 PM
It's SJPD... 'nuff said.

sorensen440
10-07-2009, 9:39 PM
but if there are kids legally in your house and they do something bad with your gun, it's your problem.

megan
Leave sharp knives in the kitchen unlocked and your also liable for your childrens actions

CHS
10-07-2009, 9:39 PM
but if there are kids legally in your house and they do something bad with your gun, it's your problem.


Yup :)

But that's the part about the law that most people don't get. If you have kids around, you're still allowed to keep a loaded gun in the house. It's only if a kid gets a hold of it and does something stupid with it where you're liable.

But everyone has taught their kids right and wrong, right? :) RIGHT?! :)

HondaMasterTech
10-07-2009, 9:47 PM
As responsible parents, we ARE liable for our childrens actions. Regardless of what happens, good or bad. Which is why we educate our children to be responsible, themselves. Children don't get adulthood magically downloaded into their brains when they turn 18. Adulthood is built all throughout their childhood. Instill a sense of responsibility and you WILL always be around to protect your children. If you know what I mean...

mmartin
10-07-2009, 9:59 PM
Leave sharp knives in the kitchen unlocked and your also liable for your childrens actions

maybe so, but we don't have a lot of special laws on what kids do with your kitchen knives... or your baseball bats... or...
just guns. 'cause they're special.:rolleyes:
megan

reidnez
10-07-2009, 10:19 PM
I live in San Jose, I have no kids, Can i keep a loaded handgun in the open unlocked? Reason I'm asking is the police were here when my wife was sick , and they noticed I had a Handgun case I use to carry my firearm to the range. They asked me if case was locked and I said yes. reply was" Good!"

I know i can call the police and ask this question, but as things are here, I dont trust their answer.

Thanks for any info.

I don't know the specifics of why the police were in your home and I'm not about to ask, but keep in mind that you could be misunderstanding. Perhaps they were simply concerned about a firearm being within easy reach if something bad happened, thus looking out for their own safety and not trying to imply that a law was being broken? Again, I wasn't there and don't know the full story.

Police often don't know what kind of situation they're walking into, and it seems pretty natural that they would inquire about the status of a gun case which might be assumed to contain a gun.

Just a thought.

cbn620
10-07-2009, 10:50 PM
Just for brevity, I believe the only sections of law dealing with private citizens' storage of a firearm is PC 12035-12036. This is the key portion you need to know:

(b) (1) Except as provided in subdivision (c), a person commits
the crime of "criminal storage of a firearm of the first degree" if
he or she keeps any loaded firearm within any premises that are under
his or her custody or control and he or she knows or reasonably
should know that a child is likely to gain access to the firearm
without the permission of the child's parent or legal guardian and
the child obtains access to the firearm and thereby causes death or
great bodily injury to himself, herself, or any other person.
(2) Except as provided in subdivision (c), a person commits the
crime of "criminal storage of a firearm of the second degree" if he
or she keeps any loaded firearm within any premises that are under
his or her custody or control and he or she knows or reasonably
should know that a child is likely to gain access to the firearm
without the permission of the child's parent or legal guardian and
the child obtains access to the firearm and thereby causes injury,
other than great bodily injury, to himself, herself, or any other
person, or carries the firearm either to a public place or in
violation of Section 417.
It further lists exceptions to the law, i.e. in the case that a child obtains the firearm during illegal entrance.

That said, I live in a home with two adopted children, and this is the way I handle the situation within the law.

In my house any pistol is under lock and key during the day, and all long guns are on a wall rack where no kids can get them, either unloaded or in the case of my home defense weapon (shotgun), with no rounds chambered. Plus my bedroom, where all the firearms in the house are stored, is under lock and key when I'm not in it and -no- kids are allowed in here at any time. For any reason, no exceptions.

Another thing that I do beyond simply making sure guns are inaccessible to kids is actually talking to kids about guns, which almost like sex is something people are just afraid to talk to them about. Both of the kids that live with us are under ten, and both of them had and continue to have regular talks on gun safety, from as soon as they could speak up until now. Both of them fired their first gun at around age 5, and they know guns are not toys.

This shouldn't be necessary if you keep all guns secured at all times, but it's an added benefit that is easy to obtain. And it ensures that you have kids who grow up to be adults who know how to keep their guns secured and how not to accidentally kill people with them. It's how I was raised, how I was taught, and how I know all of these things.

We've got to talk to kids about guns, it is not a taboo subject. That's just California fascism screwing with your head.

I would keep guns out of sight in the living room, especially if you're expecting a cop over. No reason other than paranoia. Better safe than sorry. I imagine the reason he asked if it was locked is because if you replied "No, it's unlocked" he'd probably ask if he could peek through it. You said it was locked, so he'd need a warrant to get to it. He was probably misinformed on the law, maybe he thinks keeping a loaded firearm unlocked is illegal.

As always, if someone's trying to tell you something is illegal, tell them to cite you the code.

mfmayes49
10-07-2009, 11:54 PM
It was in my home, and yes it did contain my unloaded pistol

mmartin
10-07-2009, 11:59 PM
As always, if someone's trying to tell you something is illegal, tell them to cite you the code.

^^need that on a T-Shirt.
megan

mfmayes49
10-08-2009, 12:01 AM
My wife stopped breathing and I called 911, a ambulance came and so did the police. they asked me about the gun while they were trying to revive my wife.

She died 3 hours later at hospital. I just wanted to know if the law is we have to keep our guns locked up all the time. Kinda defeats having a gun for self protection

Merc1138
10-08-2009, 12:01 AM
They didn't tell you if it was legal, or illegal. They asked a question, you answered, and in their OPINION it was good. They are allowed to have an opinion(so long as they don't attempt to enforce their opinions as law, if their opinion does not coincide with the law).

You're simply reading too far into it. It doesn't need to be locked, the cops liked that you had it locked, end of story.

mmartin
10-08-2009, 12:09 AM
very sorry to hear about your wife.
megan

cbn620
10-08-2009, 12:12 AM
My wife stopped breathing and I called 911, a ambulance came and so did the police. they asked me about the gun while they were trying to revive my wife.

She died 3 hours later at hospital. I just wanted to know if the law is we have to keep our guns locked up all the time. Kinda defeats having a gun for self protection

I don't know if you are, but considering those circumstances I could definitely level with you if you were offended they so much as asked. It really is none of their business and they have no legal reason to ask such a question since you are in the privacy of your own home, and not carrying such a thing in public.

I had something similar but without such an ending happen when the police entered my home after a 911 call, without knocking or asking, before emergency services arrived. I was offended about it considering the circumstances the ambulance had come to my house, and the police merely got in the way of the EMS.

It's just that feeling that someone is stepping on your toes, and when you put it into a situation like a family health emergency, it makes it that much more offensive, intrusive, and aggravating.

five.five-six
10-08-2009, 12:16 AM
first off, I am so very sorry to hear of you loss, I will say a prayer for your family


but if there are kids legally in your house and they do something bad with your gun, it's your problem.

megan


if a reasonable person would consider the gun out of assess to a kid you are ok.

IE: way up high in a closet assuming the kids cant climb up there


however if you just leave it laying around and something happens you are criminally negligent, unlike with a knife, there is some special law about guns

mfmayes49
10-08-2009, 12:16 PM
Thank all of you for the great info, Calguns forum has always answered my questions fairly and without judgement. Great bunch of people.

duane_black
10-08-2009, 12:23 PM
My wife stopped breathing and I called 911, a ambulance came and so did the police.

She died 3 hours later at hospital.


I am very sorry for your loss. I can't imagine what you must be going through.

Glock22Fan
10-08-2009, 12:44 PM
I've been on some training in that area, role playing both deputies and civilians (both good guys and maybe not). There was a definate emphasis on making sure that any gun lying around was safe, whatever the apparent facts. In one scenario, I spotted the rubber shotgun propped in the corner, but missed the rubber auto the householder was sitting on. It sounds to me as if the cops in your house were not too worried, just doing the protocol.

Having said that, when the cops aren't around, the safest place for your gun (where it is of any value) is loaded in a holster on your hip. Even with kids around (as long as you've taught them properly). Unloaded in a locked box doesn't cut it for me.

However, if I were expecting cops, I'd unload it and lock it up, just so they don't get nervous. If they arrived unexpectedly, I would raise my hands as high as possible, inform them that I was legally carrying and ask what they wanted me to do.

Afterthought: Come to think of it, if they came unexpectedly, I might carefully take the gun out of its holster and lay it down out of reach, but in full sight, as soon as I saw the radio car in the driveway, and before I opened the door. That could be dodgy though if it seemed as if there might be a SWAT team with snipers out there - guess I'd play it by ear.

Sorry to hear about your wife.

KylaGWolf
10-08-2009, 7:51 PM
Yup :)

But that's the part about the law that most people don't get. If you have kids around, you're still allowed to keep a loaded gun in the house. It's only if a kid gets a hold of it and does something stupid with it where you're liable.

But everyone has taught their kids right and wrong, right? :) RIGHT?! :)

As a mom to a teen daughter I can say for a fact even if you teach them right from wrong they do some damn boneheaded things!

KylaGWolf
10-08-2009, 7:55 PM
My wife stopped breathing and I called 911, a ambulance came and so did the police. they asked me about the gun while they were trying to revive my wife.

She died 3 hours later at hospital. I just wanted to know if the law is we have to keep our guns locked up all the time. Kinda defeats having a gun for self protection

I am sorry for your loss. And you are right having a gun that is locked up at home is useless for self defense. As long as no kids are in the house that can get a hold of it doesn't matter if the gun is locked up or not.

devildog999
10-08-2009, 8:04 PM
They were likely just asking so they could educate ("ya know, you really should keep that locked") you if you did have it unlocked.

Merc1138
10-08-2009, 9:01 PM
As a mom to a teen daughter I can say for a fact even if you teach them right from wrong they do some damn boneheaded things!

Considering the amount of dumb stuff I did as a teen, that I'll continue to plead the fifth about, unsafe/irresponsible handling of firearms never crossed my mind, nor did I allow it to occur in my presence. There were times when I'd have to stop one of my fellow teenage friends from doing something very dumb, then we'd go back to whatever very dumb stuff we were doing that wasn't firearm related.

loather
10-08-2009, 9:18 PM
My wife stopped breathing and I called 911, a ambulance came and so did the police. they asked me about the gun while they were trying to revive my wife.

She died 3 hours later at hospital.

That's absolutely horrible. My condolences to you and your family. Nobody should have to go through that.