A quick question on laws regarding rifles

[mpness]

Hello everyone, I'm new to the forum.

Just got a 1935 tula hex nagant that I'm very happy with.

I was wondering what the laws are with respect to the storage of my rifle.

Do I need to lock it when it's in my house? If someone breaks in and it's not locked am I liable?

Since I am not sure what I've been doing is putting the bolt in a little safe I have, but if I don't have to, I'd rather not.

Thank you!

[Chaos47]

Going off memory the restrictions are if there are children in the house or if there is a prohibited person in your household that it has to be locked up.

[Fjold]

What the signs in gun stores say is:

“If you leave a loaded firearm where a child obtains and improperly uses it, you may be fined or sent to prison.”

Note that it says "loaded" and "child".

[Chaos47]

Appears Fjold is correct the child part is about loaded firearms

Here is the law for you to read yourself:

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.
(d) Criminal storage of a firearm is punishable as follows:
(1) Criminal storage of a firearm in the first degree, by imprisonment in the state prison for 16 months, or two or three years, by a fine not exceeding ten thousand dollars ($10,000), or by both that imprisonment and fine; or by imprisonment in a county jail not exceeding one year, by a fine not exceeding one thousand dollars ($1,000), or by both that fine and imprisonment.
(2) Criminal storage of a firearm in the second degree, by imprisonment in a county jail not exceeding one year, by a fine not exceeding one thousand dollars ($1,000), or by both that imprisonment and fine.
(e) If the person who allegedly violated this section is the parent or guardian of a child who is injured or who dies as the result of an accidental shooting, the district attorney shall consider, among other factors, the impact of the injury or death on the person alleged to have violated this section when deciding whether to prosecute an alleged violation. It is the Legislature's intent that a parent or guardian of a child who is injured or who dies as the result of an accidental shooting shall be prosecuted only in those instances in which the parent or guardian behaved in a grossly negligent manner or where similarly egregious circumstances exist. This subdivision shall not otherwise restrict, in any manner, the factors that a district attorney may consider when deciding whether to prosecute alleged violations of this section.
(f) If the person who allegedly violated this section is the parent or guardian of a child who is injured or who dies as the result of an accidental shooting, no arrest of the person for the alleged violation of this section shall occur until at least seven days after the date upon which the accidental shooting occurred.
In addition to the limitation contained in this subdivision, a law enforcement officer shall consider the health status of a child who suffers great bodily injury as the result of an accidental shooting prior to arresting a person for a violation of this section, if the person to be arrested is the parent or guardian of the injured child. The intent of this subdivision is to encourage law enforcement officials to delay the arrest of a parent or guardian of a seriously injured child while the child remains on life-support equipment or is in a similarly critical medical condition.
(g)(1) The fact that the person who allegedly violated this section attended a firearm safety training course prior to the purchase of the firearm that is obtained by a child in violation of this section shall be considered a mitigating factor by a district attorney when he or she is deciding whether to prosecute the alleged violation.
(2) In any action or trial commenced under this section, the fact that the person who allegedly violated this section attended a firearm safety training course prior to the purchase of the firearm that is obtained by a child in violation of this section, shall be admissible.
(h) Every person licensed under Section 12071 shall post within the licensed premises the notice required by paragraph (7) of subdivision (b) of that section, disclosing the duty imposed by this section upon any person who keeps a loaded firearm.
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12036. (a) As used in this section, the following definitions shall 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) "Child" means a person under the age of 18 years.
(3) "Off-premises" means premises other than the premises where the firearm was stored.
(4) "Locked container" has the same meaning as set forth in subdivision (d) of Section 12026.2.
(b) A person who keeps a pistol, revolver, or other firearm capable of being concealed upon the person, loaded or unloaded, 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 that firearm without the permission of the child's parent or legal guardian and the child obtains access to that firearm and thereafter carries that firearm off-premises, shall be punished by imprisonment in a county jail not exceeding one year, by a fine not exceeding one thousand dollars ($1,000), or by both that imprisonment and fine.
(c) A person who keeps any firearm within any premises that is 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 thereafter carries that firearm off-premises to any public or private preschool, elementary school, middle school, high school, or to any school-sponsored event, activity, or performance whether occurring on school grounds or elsewhere, shall be punished by imprisonment in a county jail not exceeding one year, by a fine not exceeding five thousand dollars ($5,000), or by both that imprisonment and fine.
(d) A pistol, revolver, or other firearm capable of being concealed upon the person that a child gains access to and carries off-premises in violation of this section shall be deemed "used in the commission of any misdemeanor as provided in this code or any felony" for the purpose of subdivision (b) of Section 12028 regarding the authority to confiscate firearms and other deadly weapons as a nuisance.
(e) This section shall not apply if any one of the following circumstances exists:
(1) The child obtains the firearm as a result of an illegal entry into 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 locked with a locking device that has rendered the firearm inoperable.
(4) The firearm is carried on the person within such a close range that the individual can readily retrieve and use the firearm as if carried on the person.
(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 firearm has no reasonable expectation, based on objective facts and circumstances, that a child is likely to be present on the premises.
(f) If the person who allegedly violated this section is the parent or guardian of a child who is injured or who dies as the result of an accidental shooting, the district attorney shall consider, among other factors, the impact of the injury or death on the person alleged to have violated this section when deciding whether to prosecute the alleged violation. It is the Legislature's intent that a parent or guardian of a child who is injured or who dies as the result of an accidental shooting shall be prosecuted only in those instances in which the parent or guardian behaved in a grossly negligent manner or where similarly egregious circumstances exist. This subdivision shall not otherwise restrict, in any manner, the factors that a district attorney may consider when deciding whether to prosecute alleged violations of this section.
(g) If the person who allegedly violated this section is the parent or guardian of a child who is injured or who dies as the result of an accidental shooting, no arrest of the person for the alleged violation of this section shall occur until at least seven days after the date upon which the accidental shooting occurred.
In addition to the limitation contained in this subdivision, a law enforcement officer shall consider the health status of a child who suffers great bodily injury as the result of an accidental shooting prior to arresting a person for a violation of this section, if the person to be arrested is the parent or guardian of the injured child. The intent of this subdivision is to encourage law enforcement officials to delay the arrest of a parent or guardian of a seriously injured child while the child remains on life-support equipment or is in a similarly critical medical condition.
(h)(1) The fact that the person who allegedly violated this section attended a firearm safety training course prior to the purchase of the firearm that is obtained by a child in violation of this section shall be considered a mitigating factor by a district attorney when he or she is deciding whether to prosecute the alleged violation.
(2) In any action or trial commenced under this section, the fact that the person who allegedly violated this section attended a firearm safety training course prior to the purchase of the firearm that is obtained by a child in violation of this section, shall be admissible.
(i) Every person licensed under Section 12071 shall post within the licensed premises the notice required by paragraph (7) of subdivision (b) of that section, disclosing the duty imposed by this section upon any person who keeps any firearm.

[johnthomas]

Use common sense. If anyone under 18 lives in the same house, lock it up. Don't have a safe? Put this in your closet.

http://www.sportsmansguide.com/net/cb/stack-on-in-wall-gun-cabinet.aspx?a=593357

[littlejake]

mpness: I doubt that you would choose to use the rifle as your self defense arm. As you see from the posted law, how you store the rifle is a matter of the circumstances for your household. Depending on your situation, you may not be required to lock the gun.

There is the law; and there is moral responsibility. I personally would disable the rifle by removing and locking away the bolt as you have suggested.

Someone might obtain your rifle through criminal means such as burglary. If they kill or injure someone, it appears you would not be criminally liable. However, people can always sue for civil redress -- even if their case is without merit. And juries can be fickle. So, I would take the precaution of making it as difficult as possible for anyone to obtain any firearm in working order. You are free to choose a different approach.

[CSACANNONEER]

Note that the "child" has to "improperly use it" too. It is 100% legal to leave an unlocked, loaded firearm in a child's bedroom as long as no child LEGALLY accesses it and uses improperly. This does NOT apply to a minor breaking in and stealing it. If that happened, you would not be legally liable, just morally liable.

[Manolito]

Just wanted to say thanks for the post. The wife and I have a loaded rifle at the front of the house and the back on the ranch. Recently a neighbor kid has been coming over and working for school money and I need to lock up the rifles. I hadn't thought about it until I saw this thread.

Bill

[mcmikeblues7]

Just wanted to say thanks for the post. The wife and I have a loaded rifle at the front of the house and the back on the ranch. Recently a neighbor kid has been coming over and working for school money and I need to lock up the rifles. I hadn't thought about it until I saw this thread.

Bill

Like another posted. You are not legally required to lock it, but you are liable if it is stolen by a minor.

[mpness]

Interesting, thanks for all the responses.

There are no children in my household, but I will probably continue to keep the bolt in the safe just to cover myself.

With regards to using it as self defense, it's not that practical but I don't have a handgun at the moment, nor do I have money for one right now. It's better than nothing though.

Thanks again,

[mpness]

Like another posted. You are not legally required to lock it, but you are liable if it is stolen by a minor.

I thought I am not liable if it is stolen by a minor?

(e) This section shall not apply if any one of the following circumstances exists:
(1) The child obtains the firearm as a result of an illegal entry into any premises by any person.

I notice most of these are just with regards to minors, so if an adult breaks in and steals it I'd be morally but not legally responsible, right?

[CSACANNONEER]

Like another posted. You are not legally required to lock it, but you are liable if it is stolen by a minor.

There is a fine line here. There is no legal liability if a minor illegally breaks in and steals it. Now, if a minor is invited into the residence and procedes to steal it, there could be legal liability issues.

[mpness]

There is a fine line here. There is no legal liability if a minor illegally breaks in and steals it. Now, if a minor is invited into the residence and procedes to steal it, there could be legal liability issues.

Great, thank you sir. You have cleared all my doubts.

[ricky s]

Did anybody else look at the law that was posted here and wonder " why so many words to explain a common sense ruling'. Lawyers are self serving scum that prey on society......and most political hacks are lawyers. That's why there are so many laws enacted that cover everything you do in life except wiping your butt!....... In my humble opinion.