Gun Magnets with Concealed Carry Permit

[wussery]

If you have a CCW Permit in California are there any issues of mounting a gun magnet in your car to hold your loaded weapon while you're driving? Also, am I the only one who can be in the vehicle with the loaded weapon if the weapon is not on my person?

[9Cal_OC]

Yes, it needs to be out of plain sight and hidden.

If you do use one, ensure it’s covered and well secured. I’d advise against a gun magnet but YMMV and IANAL.

To answer your second question, yes, you have to be alone to have it off your person or in a locked container.

[Calbix]

Originally Posted by 9Cal_OC

Yes, it needs to be out of plain sight and hidden.



If you do use one, ensure it’s covered and well secured. I’d advise against a gun magnet but YMMV and IANAL.



To answer your second question, yes, you have to be alone to have it off your person or in a locked container.

Where does the law say you have to be alone? Pretty sure it just needs to be under your control if loaded, and if in a locked container then for sure you're good.

Sent from my Pixel 7 using Tapatalk

[Citadelgrad87]

Originally Posted by 9Cal_OC

Yes, it needs to be out of plain sight and hidden.

If you do use one, ensure it’s covered and well secured. I’d advise against a gun magnet but YMMV and IANAL.

To answer your second question, yes, you have to be alone to have it off your person or in a locked container.

No law says that. It should not be somewhere where passengers can access it. It doesn't have to be locked up. In a drivers side door pocket is fine if you are driving, just be aware if a cop sees it during a traffic stop it might get sporty.

[wussery]

Originally Posted by 9Cal_OC

Yes, it needs to be out of plain sight and hidden.

If you do use one, ensure it’s covered and well secured. I’d advise against a gun magnet but YMMV and IANAL.

To answer your second question, yes, you have to be alone to have it off your person or in a locked container.

Thanks for the response.

[MudCamper]

Originally Posted by wussery

Thanks for the response.

Be aware that 9Cal_OC is giving you his opinion, not the actual legal requirements.

[Librarian]

Originally Posted by Calbix

Where does the law say you have to be alone? Pretty sure it just needs to be under your control if loaded, and if in a locked container then for sure you're good.

Originally Posted by Citadelgrad87

No law says that. It should not be somewhere where passengers can access it.

That's the critical item. In a related thread, Quiet posted a LE encounter where a passenger had access because the gun was in the car but the licensee was not, and there was an arrest and prosecution of that passenger for violating carry (in the car) and loaded in public.

[MudCamper]

Originally Posted by Librarian

That's the critical item. In a related thread, Quiet posted a LE encounter where a passenger had access because the gun was in the car but the licensee was not, and there was an arrest and prosecution of that passenger for violating carry (in the car) and loaded in public.

The CCW license holder was not in the car. That is the critical point.

If the license holder is in the car, and his licensed gun is stuck under the dash with a magnet, and he has a passenger, no law is being violated.

If he gets out of the car, yeah, take the gun with you or unload and lock it up.

[Ned Ryerson]

Originally Posted by 9Cal_OC

Yes, it needs to be out of plain sight and hidden.

If you do use one, ensure it’s covered and well secured. I’d advise against a gun magnet but YMMV and IANAL.

To answer your second question, yes, you have to be alone to have it off your person or in a locked container.

Hidden? No, just generally concealed from other drivers and pedestrians.

Well secured? No, see above.

Alone? No, as long as it remains under your reach and control.

[9Cal_OC]

Well-secured was my opinion, given people do get into accidents, so an unsecured firearm cause additional issues if missing from the car. Again, YMMV.

Here’s what the law says PC25400:

"(a) A person is guilty of carrying a concealed firearm when the person does any of the following:
(1) Carries concealed within any vehicle that is under the person’s control or direction any pistol, revolver, or other firearm capable of being concealed upon the person.
(2) Carries concealed upon the person any pistol, revolver, or other firearm capable of being concealed upon the person."

Given our current climate in CA, being alone in a car removes ambiguity as to whether a passenger may or may not have adequate access/control over licensee’s firearm (depends where one mounts said magnet).

For me, I’m not willing to gamble whether a rookie cop may care or not. If well concealed, might not even be an issue. But it’s certainly a gray area.

So again, YMMV

[9Cal_OC]

Originally Posted by Ned Ryerson

Hidden? No, just generally concealed from other drivers and pedestrians.

Well secured? No, see above.

Alone? No, as long as it remains under your reach and control.

Is hidden not concealed/out of plain sight?

Well secured and alone was matter of opinion. My mistake on that one. I discussed above in my earlier post.

[MudCamper]

Originally Posted by 9Cal_OC

For me, I’m not willing to gamble whether a rookie cop may care or not. If well concealed, might not even be an issue. But it’s certainly a gray area.

So again, YMMV

Agreed. Everyone should act according to their comfort level.

[igs]

What do you think will happen when a cop pulls you over and sees that magnet mounted gun? If he doesn't have good trigger finger discipline you will end up with a hole in your head.

[Citadelgrad87]

I considered this setup for a while but my concern is that any kind of impact is going to dislodge the firearm. Thats not something I can work with, having read about the Miami FBI shootout.

[L84CABO]

If you get in an accident, do you think that gun is going to stay on the magnet or go bouncing around the car?

I suspect if probably depends on the accident. Say, 50/50. YMMV.

[SenorBandito]

I'd be curious to know more for future reference...

Failing gun magnets in the car, what's everyone's next or first choice?

[Dvrjon]

Originally Posted by SenorBandito

I'd be curious to know more for future reference...

Failing gun magnets in the car, what's everyone's next or first choice?

Keep it in the holster on your body. That’s the first choice.

[socal m1 shooter]

Originally Posted by Citadelgrad87

I considered this setup for a while but my concern is that any kind of impact is going to dislodge the firearm.[...]

Originally Posted by L84CABO

If you get in an accident, do you think that gun is going to stay on the magnet or go bouncing around the car? I suspect it probably depends on the accident.

According to this guy on Reddit, his 1911 was ejected from the center console of his truck and ended up in the median of a highway.

Originally Posted by Reddit poster

About three weeks ago I was in a pretty bad car accident. A truck pulled out in front of me and slammed on their breaks. I slammed on mine and veered left off the road to miss them. My truck rolled six times across the median with no air bags deploying. I blacked out on the second roll from smashing my head against the window

At some point my 1911 was launched from my car. I decided to put it in the center console instead of my hip that day. I regained consciousness and gave someone my father’s phone number. When I was in the ambulance he told the gentleman to tell HWP that I had a gun. The gentleman then shouts, “HE HAS A GUN!” to which my father clarified I had my CWP and to say that too.

My dad gets there when I’m about to be taken off and they all fan out looking for the 1911 in the median. HWP goes one way and my dad goes the other. He ended up finding the gun and shouted to HWP when he got it. Highway patrol was actually relieved that they didn’t have to fill out the paperwork. My dad put it with my stuff in the car and was good to go.

The 1911 functions fine and not even a scratch on it. It’s a full size colt 1911 series 80.

[...]

You can find other similar accounts if you search... I've seen at least one other I can recall. Sometimes the gun ends up outside the vehicle somewhere, sometimes inside after bouncing around. Who knows, maybe if a person was out of it after being injured in a crash, it could make it easier for some nogoodnik passer-by to find the gun and take it? That could suck... when you renew, you would possibly have to explain to your issuing agency about a motor vehicle accident in which you lost one of your pistols formerly listed on your permit.