Permanently affixed meaning

[rideanddive]

I see this is a requirement for transporting a handgun in a motor vehicle. What is the specific legal meaning of this? Thx for any help, rideanddive

[Librarian]

I see this is a requirement for transporting a handgun in a motor vehicle. What is the specific legal meaning of this? Thx for any help, rideanddive

No, that is not a requirement for transport.

PC 25610(a)

25610.


(a) Section 25400 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.

(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 the provisions listed in Section 16580.

It IS an option for leaving a gun in an unattended vehicle -

25140.

(a) Except as otherwise provided in subdivision (b), a person shall, when leaving a handgun in an unattended vehicle,

lock the handgun in the vehicle?s trunk,

lock the handgun in a locked container and place the container out of plain view,

lock the handgun in a locked container that is permanently affixed to the vehicle?s interior and not in plain view, or

lock the handgun in a locked toolbox or utility box.

No, there is no definition of 'permanently affixed' created by the legislature or inserted by a court regarding containers for guns.

[rideanddive]

Thanks for the info. I'll assume that a locked case chained to a sturdy part of the car will suffice & hope for the best.

[Dvrjon]

Thanks for the info. I'll assume that a locked case chained to a sturdy part of the car will suffice & hope for the best.

Neither transport nor storage of the firearm require the container to be permanently affixed. For transport, the secure, locked container can rest on the seat or even in your lap. For storage, the container must be out of plain sight.

The definition of a secure locked container under CA PEN 16850 states, in part,

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

This seemed to preclude the use of the center console for locked transport and/or storage. But it also appeared to restrict the use of after market security containers like the Gun Vault. The permanently-affixed language for storage under CA PEN 25140 was added to clarify and differentiate between the Utility Container of a vehicle and a separate after-market container for the purposes of storage.