Storage Question...

[Audi5000]

I'm unclear on this, as I've been told conflicting things. Forgive me if this has already come up in conversation...

I'm wondering what the legal requirements are for storing guns in the house. I have three long guns, which I keep in a locked case (not a safe). Is there a legal requirement stating I need to have some kind of trigger locks on the guns while they're being stored? Do I need trigger locks on the guns in transport if they're in a locked container?

[osis32]

If it's ca doj approved you don't need anything else in your home. If you have your rifle unloaded in a locked container in your vehicle that's all that's required if you're in a school zone which you can inadvertently travel into.

[osis32]

School zone is the highest requirement btw

[Audi5000]

The locked container I use I doubt is DOJ approved, but I do have trigger locks. Is it enough that I just own the locks, or must they be on my guns at all times when they're not in use? I do keep them locked in the container (not a safe, a hard case) when not in use.

[rudigan]

Kids in the house? Highly recommend doj approved lockup to cya in case of worst case scenario.

No Kids? Put them where/how you are comfortable with them. As you already know a locked up gun with a trigger lock will not do much good in most scenarios where you need a gun. Lock em up good/hidden when house is empty.

[rudigan]

http://oag.ca.gov/firearms/fsdcertlist

[Army]

If you have taken "reasonable" measures to keep them out of the hands of a juvenile or someone that cannot possess firearms, you can keep them just about anywhere it is prudent.

It's not how you lock them up, it's how difficult you made access to them.

IE; locked in a safe and a kid breaks in to burgle your house. The kid does manage to break into the safe. BUT, you will not be liable from that point on, because you took reasonable steps to secure them.

Guns mounted on the wall and kid breaks in to burgle your house. You are indeed liable from that point on, because you took no measure for security.

[croc4]

So locking the door is no longer a 'reasonable' measure?, man this place is just nuts.
Boy, we really have become a screwed up society. Could you also be liable for leaving cash out that was then stolen from your house and used to purchase weapons to commit crime?, I suppose that is next on the list...............


Croc4

[sirsloth]

I don't know but this is starting to get into the area of FUD. A lot of opinions so far and not a lot of penal codes.

I always thought that if there aren't children in your home, you can store your guns however you please.

[Cokebottle]

If it's ca doj approved you don't need anything else in your home. If you have your rifle unloaded in a locked container in your vehicle that's all that's required if you're in a school zone which you can inadvertently travel into.

School zone is the highest requirement btw

There is NO legal requirement for any kind of secure device for storage.
626.9 (school zones) are not applicable on private property or in a place of business.

You are correct that the Federal GFSZ law requires that all firearms be secured, but federal law does not require a locked container... a locked gun rack (such as a police style shotgun rack) also satisfies the requirement.
California law... 626.9... does not apply to long guns, only to handguns.

So that leaves us with the issue of the DOJ approved safe/child lock, etc....

IF a minor gains access to your gun and uses it to harm someone or damage property, you can be held responsible criminally.
Having a trigger lock or a gun safe does not exempt you from this, but it does provide a legal defense.
Likewise, if there are no minors in your household, and minors would never be granted permission to enter, you would also have a legal defense since any minor gaining access to your firearms did so through unlawful entry.

The trigger lock's legal purpose is 100% satisfied the moment you walk away from the counter at the gun shop when you take delivery.

[Cokebottle]

I don't know but this is starting to get into the area of FUD. A lot of opinions so far and not a lot of penal codes.

I always thought that if there aren't children in your home, you can store your guns however you please.

You would be correct.

[osis32]

I said in a vehicle for transportation. Not in a residence.

[Army]

I don't know but this is starting to get into the area of FUD. A lot of opinions so far and not a lot of penal codes.

I always thought that if there aren't children in your home, you can store your guns however you please.

12035. (a) As used in this section, the following definitions apply: (1) "Locking device" means a device that is designed to prevent the firearm from functioning and when applied to the firearm, renders the firearm inoperable. (2) "Loaded firearm" has the same meaning as set forth in subdivision (g) of Section 12031. (3) "Child" means a person under 18 years of age. (4) "Great bodily injury" has the same meaning as set forth in Section 12022.7. (5) "Locked container" has the same meaning as set forth in subdivision (d) of Section 12026.2. (b)(1) Except as provided in subdivision (c), a person commits the crime of "criminal storage of a firearm of the first degree" if he or she keeps any loaded firearm within any premises that are under his or her custody or control and he or she knows or reasonably should know that a child 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. (2) Except as provided in subdivision (c), a person commits the crime of "criminal storage of a firearm of the second degree" if he or she keeps any loaded firearm within any premises that are under his or her custody or control and he or she knows or reasonably should know that a child 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. (c) Subdivision (b) shall not apply whenever any of the following occurs: (1) The child obtains the firearm as a result of an illegal entry to any premises by any person. (2) The firearm is kept in a locked container or in a location that a reasonable person would believe to be secure. (3) The firearm is carried on the person or within such a close proximity thereto so that the individual can readily retrieve and use the firearm as if carried on the person. (4) The firearm is locked with a locking device that has rendered the firearm inoperable. (5) The person is a peace officer or a member of the Armed Forces or National Guard and the child obtains the firearm during, or incidental to, the performance of the person's duties. (6) The child obtains, or obtains and discharges, the firearm in a lawful act of self-defense or defense of another person, or persons. (7) The person who keeps a loaded firearm on any premise that is under his or her custody or control has no reasonable expectation, based on objective facts and circumstances, that a child is likely to be present on the premises.

As you can see in bold, a juvenile does not have to be living with you for the law to be in effect.

[Cokebottle]

And also as you bolded, illegal entry is the same exemption as the locking container.

I guarantee you that any minor that is in my home got there through illegal entry.
The way the above posts were worded made it sound as if a minor gaining access for any reason other than breaking into a safe leaves the owner liable.