shotgun possession question

[r6-rider]

my "friend" is 16 years old and his dad recently got a pistol grip mossberg 500. now my "friend's" dad thinks this would be a good gift to give him. would it be legal for my friend to have this shotgun in his possession, in his room, with live ammo (unloaded, but attached to the side saddle on the butt-stock) as long as his parents are completely fine with it?

i did a search and from what im reading this looks legal but im just double checking. thanks

[gunsnrovers]

Some Penal Codes that apply:

Penal Code Section 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.

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PC Section 12031

(g) A firearm shall be deemed to be loaded for the purposes of this section when there is an unexpended cartridge or shell, consisting of a case that holds a charge of powder and a bullet or shot, in, or attached in any manner to, the firearm, including, but not limited to, in the firing chamber, magazine, or clip thereof attached to the firearm; except that a muzzle-loader firearm shall be deemed to be loaded when it is capped or primed and has a powder charge and ball or shot in the barrel or cylinder.

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I think your friends parents are looking for trouble.

[r6-rider]

alright then what about a minor in possession of an unloaded shotgun, in a locked container, with ammo in separate locked container? but he/she has the key/code to it therefore giving him/her access to the gun?

[gunsnrovers]

I'm not qualified to interpret the DOJ and what an DA would rule, but to my mind that would still be an issue as the child can be reasonably expected to have access to the firearm and ammo with permission.

Just sounds like walking on very thin ice and the parents get to take the heat.

[hoffmang]

A shotgun with rounds attached but not in the internal magazine or chamber is not consider loaded. See People v. Clark.

Beyond that, as long as the 16 year old has a permission note from his Parents and his parents trust him to potentially make them liable for misuse as outlined above, I'm not aware of any restriction on his possession of an otherwise legal shotgun. My father got me a Mossy 500 at 16 but that was not in California.

-Gene

[Juliet Lima]

I would think it's okay if he left it in his room, or more importantly his house, at all times. As long as you don't have illegal firearms, your home is safe from most possession rules. Meaning, if you really wanted to, you could CCW within your house.

[r6-rider]

thanks for the help guys. my "friend" really appreciates it

[hoffmang]

The Penal Code specifically allows an eligible firearm owner to CCW in his house and it appears in his curtillage.

-Gene

[r6-rider]

does that law also apply to the son/daughter of the firearms original owner?

for example, a cop comes to the door and see's a kid with a pistol on his side which belongs to his dad. would he or the parent get in trouble (if the parent allowed their kid to possess it)?

[WokMaster1]

2 more years. Hang on tight, buddy! Go chase some skirts to pass time.....

[r6-rider]

lol i hate being a minor with adult hobbies. makes life very difficult for me. but the reason I want as many guns as i can get right now (besides the reason that i love guns) is to practice with as many different weapons as possible before enlisting in the Army this December. figure a shotgun like the mossberg persuader would be a good start considering i might actually be using that over there.

[r6-rider]

also, i was wondering if anyone has seen a pistol grip mossberg with a collapsible stock and side saddle on the stock, in stores up in nor-cal. im not asking for dealer names or anything (i dont know if thats against the rules or not) im just wondering if anyones seen them cause id rather not have it shipped from out of state.