View Single Post
  #1  
Old 11-09-2012, 8:25 PM
dave nelson dave nelson is offline
Junior Member
 
Join Date: Jun 2011
Location: San Jose, CA
Posts: 7
iTrader: 0 / 0%
Default 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:



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!
Reply With Quote