View Full Version : What's the legal requirement for having guns secured in one's residence?
CalGunsNoob
01-28-2006, 03:01 PM
I understand a safe is the best idea. But what is the legal requirement for having guns locked up? Do rifles need to be locked? How about handguns?
If there are kids on the property how does this change?
thanks
double_action
01-28-2006, 03:40 PM
If there are kids on the property how does this change?
Big time! Everything needs to be locked up!
I don't know the legalize, but if you make firearms available to children (e.i. unlocked and easily accessible), you are held responsible for their actions.
Bad news!
If I’m incorrect, please someone please correct me!
i dont think there are any laws for storeage other than that they must be kept out of reach of children (people under 18).
Anonymous Coward
01-28-2006, 04:00 PM
please refer to chapter 2 in the Handgun safety guide:
http://caag.state.ca.us/firearms/forms/pdf/hscsg.pdf
Supernam
01-28-2006, 04:07 PM
In short, as long as you keep your firearms (long or short) out of the reach of a minor, aka locked, you are ok. If you do not have minors in the house then you are ok to leave them unlocked and loaded. You are not liable if a minor gained entry into your home illegally and got a hold of your unlocked firearm.
Someone correct me if im wrong.
metalhead357
01-28-2006, 09:43 PM
Seems like quite a stretch......
If you dont expect kids around....you dont expect kids around.....
If an ADULT gains access to it and THEN it falls into the hands of a minor...... See my point? Theft is theft~ save when its a minor, you're liable, when/if its an adult...you're NOT.
I'd Argue that if you DO HAVE grandkids that come by even "once" a year and one gets ahold of it and does something then you would still be on the hook. But jumping peeps, perps, locations, and scenarios....if its YOUR gun, in YOUR house....Federal regs says store it any dam way you please~ EXCEPT that Cali says you're liable if a kid gets it............
Anonymous Coward
01-28-2006, 10:50 PM
If an ADULT gains access to it and THEN it falls into the hands of a minor...... See my point? Theft is theft~ save when its a minor, you're liable, when/if its an adult...you're NOT.
That's what I was going to say.
The law is actually pretty good in a way that it only punishes you if you store your weapon without securing it AND somebody is injured.
This actually leaves you the option to either lock them up or make the firearm accessible to them to use in self defense (which is one of the exceptions to criminal storage). If there was a legal requirement to always lock them up, they wouldn't be able to defend themselves. (Note that kid is defined as under 18 and it should be possible to explain self defense to a kid around 16).
Glasshat
01-28-2006, 11:51 PM
I don't own any guns I care to part with so they are always either in my sight within reach or locked in the safe.
I also lock my car even when it's in the garage so maybe I'm just paranoid.
wutzu
01-29-2006, 01:23 AM
Both my rifles have funky-looking "Project Childsafe" locks any time they're not being cleaned or fired. And of course the bolt for my 700 is stored seperately. Now i just have to go into work and grab another cable lock or two for the ARs i'm getting
NeoWeird
01-29-2006, 02:13 AM
I forget where I was reading it, maybe it was the HGSC handbook, but it basically said that if you leave a firearm unlocked where a minor can get to it, then you can be held accountable if anything happens with it. Who knows how they might get to it: a roomate might invite a friend over who has a child, a landlord needs emergency access and his son comes in with him, a paperboy accidently breaks your window with the paper and steps in to say sorry/write a note, etc. There are a billion scenarios that could happen where a person not looking for a firearm could stumble across your gun. Who knows, they may even not see it, trip and reach for the counter to catch themselves and they grab your gun and it shoot through your wall. Who knows. In any scenario, you would be held, at least partially, responsible. So why not lock them up, even with a little POS lock is fine as it proves you did your end to keep the gun safe. I leave my handgun loaded very close to my bed in a Brinks lock box, with the key in it and the box unlocked so it flips open freely. It's always unlocked and I could find it in pitch black, but whenever I leave, I always turn the key and walk away with it. It doens't bother me none and I know it's always locked up and out of sight.
losangeles
01-29-2006, 10:38 AM
Some aspects of all this scares me -- especially with regard to the exceptional scenarios that might happen where you are responsible. I keep all my guns in a locked cabinet AND each gun is itself locked with a chain lock. Plus, I lock all the keys in a separate safe with a combo lock. My ammo, of course, is locked separately in a completely different safe. And all that is in a room in the house that is locked.
I don't want to take chances with the law.
AggregatVier
01-29-2006, 04:20 PM
Some aspects of all this scares me -- especially with regard to the exceptional scenarios that might happen where you are responsible. I keep all my guns in a locked cabinet AND each gun is itself locked with a chain lock. Plus, I lock all the keys in a separate safe with a combo lock. My ammo, of course, is locked separately in a completely different safe. And all that is in a room in the house that is locked.
Yes, but do you also live in a gated community with a 24 hour guard? Well, then, why don't you just turn yourself in right now, Mr. Irresponsible. :rolleyes:
metalhead357
01-29-2006, 07:22 PM
Yes, but do you also live in a gated community with a 24 hour guard? Well, then, why don't you just turn yourself in right now, Mr. Irresponsible. :rolleyes:
And I see NO mention of rabid pit bulls on crack with aides either:eek: ...no phazed array of laser sensors..... Yea man, BAD BAD BhhAAD:p Relax man! For legality sake all you need is ONE! For peace of mind's sake? I dunno....do you feel secure with all that??????
Metalhead
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