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-   -   Security Drawer = "Utility Compartment"? (http://www.calguns.net/calgunforum/showthread.php?t=642358)

dave nelson 11-09-2012 8:25 PM

Security Drawer = "Utility Compartment"?
 
Regarding compliance with PC12026.1:

Quote:

12026.1. (a) Section 12025 shall not be construed to prohibit any citizen of the United States over the age of 18 years who resides or is temporarily within this state, and who is not prohibited by state or federal law from possessing, receiving, owning, or purchasing a firearm, from transporting or carrying any pistol, revolver, or other firearm capable of being concealed upon the person, provided that the following applies to the firearm:

(1) The firearm is within a motor vehicle and it is locked in the vehicle’s trunk or in a locked container in the vehicle other than the utility or glove compartment.

(2) The firearm is carried by the person directly to or from any motor vehicle for any lawful purpose and, while carrying the firearm, the firearm is contained within a locked container.

(b) The provisions of this section do not prohibit or limit the otherwise lawful carrying or transportation of any pistol, revolver, or other firearm capable of being concealed upon the person in accordance with this chapter.

(c) As used in this section, “locked container” means a secure container which is fully enclosed and locked by a padlock, key lock, combination lock, or similar locking device.

(Amended Sec. 13, Ch. 698, Stats. 2008. Effective January 1, 2009.)
I prefer to over-comply rather than test the laws, so I have always transported my handgun in the trunk of my Jeep in a LOCKED container, separate from ammunition. My unique situation is that I have a "security drawer" installed in the trunk of my Jeep:

http://www.tuffyproducts.com/images/...ium/186_1_.jpg

Could this be construed by an LEO/court as "the utility compartment"? It's lockable, and is absolutely unreachable by any means other than (1) opening the tailgate, and then (2) opening the drawer, which is lockable. Furthermore, if this were a utility compartment in the eyes of the law, would I be safeguarded legally by having the gun in a locked case while enclosed within the drawer?

This is one of those situations where I know I'm doing the safe/right thing, but we all know that sometimes that is not necessarily the most indisputably legal thing, especially with how vaguely 12025/12026 are written.

Any input/advice is much appreciated!

<IXOYE>< 11-09-2012 9:48 PM

Compliant

Rider1k 11-09-2012 9:56 PM

same question but if I lock all my firearms in the tool box of my truck. ammo in locked metal military ammo cans. should be compliant as well?

Ron-Solo 11-09-2012 10:37 PM

I would say compliant

Librarian 11-09-2012 10:42 PM

Current numbering for that is PC 16850
Quote:

California Penal Code Section 16850

As used in Sections 17740, 23925, 25105, 25205, and 25610,
in Article 3 (commencing with Section 25505) of Chapter 2 of Division
5 of Title 4, and in Chapter 6 (commencing with Section 26350) of
Division 5 of Title 4, "locked container" means a secure container
that is fully enclosed and locked by a padlock, keylock, combination
lock, or similar locking device.

The term "locked container" does not include the utility or
glove compartment of a motor vehicle.

Since whatever genius wrote that did not bother to define "the utility ... compartment of a motor vehicle", we're never really sure. And that point has not made it into an appellate court case, so no judge has had an opportunity to clarify.

In my opinion, whatever that may be worth, said long-ago genius couldn't remember 'center console' as a term; everything else in the folklore points to a desire to keep handguns unavailable for ready use.

Notorious 11-10-2012 8:33 AM

Why don't you just have a locked gun case or bag which would solve all of your problems no matter where you toss the gun?

email 11-10-2012 8:46 AM

Console vault = utility compartment?

Librarian 11-10-2012 1:38 PM

Quote:

Originally Posted by email (Post 9696523)
Console vault = utility compartment?

Unknown.

I don't think so - but no support in Penal Code or case law to determine.


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