PDA

View Full Version : Storage of firearms in your home....CA law


GI-M1
12-13-2006, 1:34 AM
I collect M1 Garands, but my question has to do with a variety of rifles \ pistols \ shotguns.

I have a large gun safe in a garage, which is where all of my firearms are stored. Occassionally, I will bring an M1 Garand or M1A over to the house and leave it in a closet to keep it out of sight.

What does the law say about the M1 in my house without a trigger lock, or not being in a gun safe in my house? I do not have any children in my house.

Same question for the M1A. One of them is a (legally registered) M1A with a flash hider on it. The 2nd M1A was bought more recently, is not registered, but does not have any evil features on it (it has a muzzle break).

Same question too concerning a 1911A1 pistol and a Sig 220.....do they need to be locked up somehow while in my home? Loaded or unloaded?

TIA for any clarification to the law.

50ae
12-13-2006, 3:16 AM
I'll put it in a nutshell for you. If you have no kids in your home and don't expect to you can keep them loaded and hot in every corner of your house with no trigger locks, ect. If you have kids in the house you must make reasonable efforts so that they don't get a hold of them.

NeoWeird
12-13-2006, 3:38 AM
Please note that even if you DON'T have kids, but a child still gets hold of a gun in your residence, you can still find yourself in hot water.

Say for example that you have your brother/sister over for Christmas dinner and they bring their kid, and while you are talking with your brother/sister the kid walks into your room and picks up your handgun, loads it, and discharges it killing your neighbor; YOU will be the one charged with the homocide, not the child.

socalguns
12-13-2006, 7:24 AM
:) having kids in the house doesn't mean they live in the house, they can be visiting :)

ZapThyCat
12-13-2006, 9:08 AM
You can keep your guns however you want. Just make sure kids can't get to them and shoot someone :)

Fate
12-13-2006, 9:26 AM
Teach kids not to eff' with guns. Teach them Eddie Eagle's 4 steps in gun safety. Inflict consequences if they "forget" those rules. Create boundaries and let the kids know that your room or closet or drawer is off limits. Again, inflict consequences if they break the rules. Jeezus people, being a responsible parent/adult isn't that hard. You just need to concentrate on something other than yourself for a little while and BE CONSISTENT.

Or lock up all your guns and ammo where it does you little good if you need it in an emergency (and furthering the continued mystery and scaryness of guns because your kids have no contact with their proper handling) Better yet, don't even have them in your house because you obviously don't have the time to teach and enforce the meaning of personal responsibility.

Oh and lock up your scissors too. God knows kids will grab them and run around the place until they put someone's eye out. :rolleyes:

Hunter
12-13-2006, 9:33 AM
Teach kids not to eff' with guns. Teach them Eddie Eagle's 4 steps in gun safety. Inflict consequences if they "forget" those rules. Create boundaries and let the kids know that your room or closet or drawer is off limits. Again, inflict consequences if they break the rules. Jeezus people, being a responsible parent/adult isn't that hard. You just need to concentrate on something other than yourself for a little while and BE CONSISTENT.

Or lock up all your guns and ammo where it does you little good if you need it in an emergency (and furthering the continued mystery and scaryness of guns because your kids have no contact with their proper handling) Better yet, don't even have them in your house because you obviously don't have the time to teach and enforce the meaning of personal responsibility.

Oh and lock up your scissors too. God knows kids will grab them and run around the place until they put someone's eye out. :rolleyes:


A BIG ++1 here.

50BMGBOB
12-13-2006, 12:24 PM
Take kids shooting as well so there is no mystery about guns. My kids have been shooting airgun sense they where 2-3 years old.They are shooting every thing else now, the oldest is 10. They know I don't play with them so they don't. If they want to shoot, we go to the range. If a friend is interested then we take their friend and their friends parents to the range. In fact I know several that will be getting new 22's for Christmas this year!

PJA
12-13-2006, 2:01 PM
Don't forget the underage burglar.
Pete

grywlfbg
12-13-2006, 2:27 PM
GI-M1 noted he has a reg'd M1A - Don't AW's have to be locked during storage and xport?

Chris

xenophobe
12-13-2006, 2:33 PM
All firearms, including registered AWs can be under your bed, on your table, or next to the door, loaded if you wish, even if you have kids.

If your unlocked firearms are stolen by kids and used to commit a crime or murder, then you're guilty of a felony.

There is no regulation of how a firearm must be stored at your personal residence unless your firearm is stolen and used by a child to commit murder.

Registered AWs must be in a locked hard case for transport. They do not need to be locked up for storage on your private property.

rohanreed
12-13-2006, 2:52 PM
clicky here (http://ag.ca.gov/firearms/dwcl/12020.php?PHPSESSID=df31051e4b897c2b00c4abfc47a8e3 f0) 12035 is the part in question.

(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.
(c) Subdivision (b) shall not apply whenever any of the following occurs:
(1) The child obtains the firearm as a result of an illegal entry to any premises by any person.

There are more specifics and exemptions in the full code, but in the case of burglary, liability is not yours, at least in my understanding of the text.

blkA4alb
12-13-2006, 2:54 PM
Don't forget the underage burglar.
Pete
No, you cannot reasonably assume that you would be broken into by a minor.

E__WOK
12-13-2006, 10:19 PM
If your unlocked firearms are stolen by kids and used to commit a crime or murder, then you're guilty of a felony.

There is no regulation of how a firearm must be stored at your personal residence unless your firearm is stolen and used by a child to commit murder.



Is it still a felony if an adult broke in, stole the gun, and then kill someone?

leelaw
12-13-2006, 10:23 PM
Criminal storage is determined if the firearm is loaded or not. Further, the degree of injury caused with the firearm will determine if the crime is a felony or misdemeanor.

rayra
12-13-2006, 11:40 PM
Teach kids not to eff' with guns. Teach them Eddie Eagle's 4 steps in gun safety. Inflict consequences if they "forget" those rules. Create boundaries and let the kids know that your room or closet or drawer is off limits. Again, inflict consequences if they break the rules. Jeezus people, being a responsible parent/adult isn't that hard. You just need to concentrate on something other than yourself for a little while and BE CONSISTENT.

Or lock up all your guns and ammo where it does you little good if you need it in an emergency (and furthering the continued mystery and scaryness of guns because your kids have no contact with their proper handling) Better yet, don't even have them in your house because you obviously don't have the time to teach and enforce the meaning of personal responsibility.

Oh and lock up your scissors too. God knows kids will grab them and run around the place until they put someone's eye out. :rolleyes:Another rolleyes dummy.
Look, train YOUR kid all you want, until he gets it perfect every time. Then watch his visiting playmates without such training gain access.

ON you, or under your direct supervision are the best ways, if there is ANY chance of anyone of any age fiddlin with them. Otherwise - and especially if you are not present - just lock them up.

rayra
12-13-2006, 11:42 PM
Is it still a felony if an adult broke in, stole the gun, and then kill someone?depends if your local DA ofice is full of PC dumbasses. Care to bet your freedom / treasure on how socialist-infected your local Prosecutor is?

Fate
12-14-2006, 9:22 AM
Another rolleyes dummy.
Look, train YOUR kid all you want, until he gets it perfect every time. Then watch his visiting playmates without such training gain access.

ON you, or under your direct supervision are the best ways, if there is ANY chance of anyone of any age fiddlin with them. Otherwise - and especially if you are not present - just lock them up.
I take FULL responsibility for my actions. If only others would do the same. You can live in a nanny zone. I prefer not to.

Fate
12-14-2006, 9:26 AM
depends if your local DA ofice is full of PC dumbasses. Care to bet your freedom / treasure on how socialist-infected your local Prosecutor is?
What a bunch of paranoid BS. You cannot be held responsible for someone breaking in and stealing a gun then using it to commit a crime. Might as well lock up your kitchen knives while you're away too. You've been infected.