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swilson
07-04-2011, 10:12 AM
Let me explain a scenario and tell me if it is legal or not. In my Silverado I have a bench seat in front with a backrest of the middle seat that folds down to create two captains seats. Underneath the middle seat is a hidden storage container that came with a lock from the factory (this is a factory option if that makes a difference, not aftermarket). The one key that fits my ignition also fits this hidden storage compartment. If this compartment is locked I have to pull over, put my truck into park, take the key out of the ignition, and only then be able to open it (not to mention possibly lift the middle seat back rest/armrest or make a passenger move if one were sitting on top). Is this compartment legal to transport a handgun in?

paul0660
07-04-2011, 10:23 AM
sounds like "the utility compartment" to me, so no.

"the", not "a".

Librarian
07-04-2011, 10:36 AM
Yes, it sounds like "the utility compartment" to me, too. PC 12026.1 (a)(1) says that is not acceptable.

Makes too much sense, must be illegal.

paul0660
07-04-2011, 11:24 AM
It would be ok to put an unloaded gun, with ammo, in a locked case, into that compartment.

AAShooter
07-04-2011, 11:30 AM
If it is confusing to you, why do you want to take the chance of getting pulled over and having the officer guess-ti-mate the right answer?

Vipersx911
07-04-2011, 11:32 AM
It is wierd, how this is not a legal place. You would think that it should be based off how you were to access it while in the vehicle. However California transport laws are rather convoluted and there are many people out there that I have heard many different things most of which is FUD about transportation. However yes putting a locked container in that compartment would make it legal to transport.

paul0660
07-04-2011, 11:44 AM
The history of this part of the code clearly shows that the writers were concerned about limiting access. That file was posted on the forum, and I have it somewhere. Glove compartment and center console were originally used, that changed to "the" utility compartment, which has caused confusion ever since.

As for AAshooter, what's with the nonsensical post? The guy wants an answer, and got it. Happens all the time around here.

golfrj
07-04-2011, 12:07 PM
Put the gun in a soft case with a lock and "Store" it in your convenient "UTILITY" area, also locked.. Without the locked soft case/Goin to jail, Sad but True..

luckystrike
07-04-2011, 12:20 PM
noone knows that you have it unless you tell them. then again cops can lie and pull "probable cause" out of their asses.

swilson
07-04-2011, 12:47 PM
I see. How idiotic. If I keep my handgun in its factory hard plastic case and put a lock on it, unloaded and separate from ammo, does that qualify? Or should I lock it in a metal toolbox?

AAShooter
07-04-2011, 1:30 PM
I see. How idiotic. If I keep my handgun in its factory hard plastic case and put a lock on it, unloaded and separate from ammo, does that qualify? Or should I lock it in a metal toolbox?

Yes. Metal box not necessary. Softcase is okay. The "locked case" is not very well specified in the law.

AAShooter
07-04-2011, 1:42 PM
As for AAshooter, what's with the nonsensical post?

Here is the point. Law is decided as opinions, like those offered here. As you point out, the law is not precise on many of the issues surrounding this. The precise meaning of "the utility box" is up for debate. So, is the original poster's compartment "the utility box" described by law? I am not sure although my guess it might be considered one.

Regardless of the opinions here. It comes down to the judgement of the officer (and ultimately the court) that happens to pull you over that day as to whether that will ruin your day or consume a bunch of time/money. So rather than trying to find answers to law questions on the internet (always a dangerous practice) why not take and alternate approach that would more clearly fall into the "legal" category.

Taking an approach like you suggested where you put it in a locked case (although again that is not clearly defined either) in that compartment is much less likely to be interpreted as a violation of the law.

I hope that addresses your question.

swilson
07-04-2011, 1:57 PM
I understand now, thanks!

Librarian
07-04-2011, 2:46 PM
If it is confusing to you, why do you want to take the chance of getting pulled over and having the officer guess-ti-mate the right answer?

To a large extent, I'm going to agree with this (and its followup).

I, personally, am extremely risk-averse. Where I offer suggestions for conduct, those almost always refer to very conservative behavior.

I used to fence recreationally (foil); 'dry' fencing, without the lights and buzzers, is judged by the director/president, and a human judge at either end of the strip*. Our coach always told us to make parries and attacks 'big' enough so the human judges could see them. It's easier to 'make your point'.

So, too, with field encounters with LEOs. If you can follow the law pretty obviously with little cost to you, make it easy for the nice policeman to see you are following the rules.



*Or, at least, used to be - it's been a while...