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View Full Version : Handgun storage - what's legal?


hbogart
09-21-2011, 6:31 PM
What do I have to do to legally store my handguns at home? If I store them in the factory plastic boxes (S&W and SIG) with a padlock on the box, is that enough?

Do I have to have a trigger lock or a cable through the cylinder or the slide?

If there is a thread on this, point me to it. I searched, but didn't find one.

Thanks,
Bill

CSACANNONEER
09-21-2011, 6:32 PM
I ussually have at least one loaded on the kitchen table unless its on me.

Turo
09-21-2011, 6:41 PM
The only limit to how you store a gun in your own home is that you would be criminally liable if someone under the age of 17 who you know has access to your gun, takes it, and commits a crime with it.
In other words, unless you give a kid access to your gun, you can keep it in whatever condition you like; loaded, unloaded, locked up, in your pants, or on the kitchen counter.

JeremyS
09-21-2011, 7:30 PM
The city/county of San Francisco has had an ordinance requiring any handgun in the home to be kept unloaded and locked (that can mean trigger lock, cable lock, or in a safe), irrespective of whether or not anybody else has legal access to your home or 'living quarters' or whatever. The city may not have legal authority to actually enforce it, but it's still on the books I believe.

I'm sure I follow this law to the T.

weinerd
09-21-2011, 7:40 PM
Yup, you can do whatever you want with it in your own home so long as someone under 18 doesn't have access to it.
You may be guilty of a misdemeanor or a felony if you keep a loaded firearm
within any premises that are under your custody or control and a child under
18 years of age obtains and uses it, resulting in injury or death, or carries it to
a public place, unless you stored the firearm in a locked container or locked the
firearm with a locking device to temporarily keep it from functioning.

“Criminal storage of firearm of the first degree” – Keeping any loaded firearm within any premises that are under your custody or control and you know or reasonably should know that a child (any person under 18) 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 [PC section 12035 (b), (1)].
“Criminal storage of firearm of the second degree” – Keeping any loaded firearm within any premises that are under your custody or control and you know or reasonably should know that a child (any person under 18) 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 [PC section 12035 (b), (2)].
Neither of the criminal storage offenses (first degree, second degree) shall apply whenever the firearm is kept in a locked container or locked with a locking device that has rendered the firearm inoperable [PC section 12035 (c), (2), (4)].

hbogart
09-21-2011, 7:53 PM
I should be good then. The only way a minor would have access is if they broke in.

Thanks for the info.

Turo
09-21-2011, 9:54 PM
I should be good then. The only way a minor would have access is if they broke in.

Thanks for the info.

And if a minor broke in, you aren't liable if they steal your gun and do something bad with it.

CSACANNONEER
09-22-2011, 6:21 AM
The only limit to how you store a gun in your own home is that you would be criminally liable if someone under the age of 17 who you know has access to your gun, takes it, and commits a crime with it.
In other words, unless you give a kid access to your gun, you can keep it in whatever condition you like; loaded, unloaded, locked up, in your pants, or on the kitchen counter.

And, that's only if the minor does something illegal with it. I have a minor in my home who I completely trust with firearms. Due to where we live (BFE), he will always have access to a loaded firearm. He is finally turning 18 next month so, it won't be a potential issue after that. But, in any case, as long as he doesn't commit a crime with it, there's no law broken.

esartori
09-22-2011, 7:17 AM
I didn't realize SF had that law. Seems kind of bogus to me. In your own home u should be able to store your firearm (obviously w the caveat for minors) however u want. Can the city really enforce that?

zfields
09-22-2011, 7:30 AM
I didn't realize SF had that law. Seems kind of bogus to me. In your own home u should be able to store your firearm (obviously w the caveat for minors) however u want. Can the city really enforce that?

Would have to have a legal reason to be in your home in the first place.

Awfully hard to enforce it.

Head416
09-22-2011, 7:43 AM
I didn't realize SF had that law. Seems kind of bogus to me. In your own home u should be able to store your firearm (obviously w the caveat for minors) however u want. Can the city really enforce that?

Well, that was the law in DC until recently, wasn't it?

The Court of Appeals... struck down the portion of the regulations act that requires all firearms including rifles and shotguns be kept "unloaded and disassembled or bound by a trigger lock."
http://en.wikipedia.org/wiki/District_of_Columbia_v._Heller


Yes it's BS, but until it's overturned it's the law.

esartori
09-22-2011, 9:15 AM
Would have to have a legal reason to be in your home in the first place.

Awfully hard to enforce it.

Not only in my house, but they would have to know I own a firearm, and search my house for it. So I guess really hard to enforce.

Tripper
09-22-2011, 9:19 AM
i referenced DC court decision in another thread in regards to the SF law for locked storage.
was wondering if i was imagining things

Tripper
09-22-2011, 9:22 AM
it would be awfully difficult for SF to claim the didnt know about the Heller decision.

redking
09-22-2011, 9:34 AM
First you have to have a valid reason to own a gun.

You aren't hunting with that .45 caliber pistol.
And you aren't a police officer

Second, why would you ever need a loaded/assembled gun accessible unless you are a criminal? You can always call the police, unless they come and arrest YOU.

Third, don't you know ordinary citizens aren't responsible enough to have their own guns?