Gun Lock Question

[dfletcher]

Is there anything in CA law that could be construed as requiring that a CA approved gun lock be sold with a stripped lower? How about a completed lower (all internals, buttsock) with no upper?

If an FFL asserted a CA approved gunlock must be sold when purchasing a stripped lower or completed lower, what part of CA law would one quote stating a lock is not required?

Hasn't happened, just wondering.

[domokun]

All FFLs in CA that sell a firearm to a customer are required to make sure that the buyer has a CA approved gun lock or safe to prevent unauthorized access to the firearm whether it means having the purchasing party buy a lock from them, show a receipt for a qualifying lock that was purchased within the last 30 days or by filling out and signing the affidavit form saying that under the penalty of purjury you have a CA approved gun safe and can store your firearm inside it.

[5150Marcelo]

All FFLs in CA that sell a firearm to a customer are required to make sure that the buyer has a CA approved gun lock or safe to prevent unauthorized access to the firearm whether it means having the purchasing party buy a lock from them, show a receipt for a qualifying lock that was purchased within the last 30 days or by filling out and signing the affidavit form saying that under the penalty of purjury you have a CA approved gun safe and can store your firearm inside it.

Except for pistols. Safe affidavit does not apply to pistols. Each pistol must have a lock with a qualifying receipt to leave the shop.

[gcvt]

Gotta do it....but it should only be about $10.00

[5150Marcelo]

if you gotta safe, just use your previous purchase lock and hand write a receipt with a date within 30 days

[dfletcher]

When I posted this I thought the responses would be along the lines of "it's a frame only - a lock's not needed" balanced by others stating it's a gun and all guns, even when sold in a condition in which they clearly can not function must have a lock (or the safe affadavit) sold with them. But it seems thus far all the answers are that a lock is supposed to accompany the sale.

[Librarian]

When I posted this I thought the responses would be along the lines of "it's a frame only - a lock's not needed" balanced by others stating it's a gun and all guns, even when sold in a condition in which they clearly can not function must have a lock (or the safe affadavit) sold with them. But it seems thus far all the answers are that a lock is supposed to accompany the sale.

You're getting

it seems thus far all the answers are that a lock is supposed to accompany the sale.

because

it's a gun and all guns, even when sold in a condition in which they clearly can not function must have a lock (or the safe affadavit) sold with them.

But you asked for the law requiring same: PC 12088.1

12088.1. (a) All firearms sold or transferred in this state by a
licensed firearms dealer, including private transfers through a
dealer, and all firearms manufactured in this state, shall include or
be accompanied by a firearms safety device that is listed on the
Department of Justice's roster of approved firearms safety devices
and that is identified as appropriate for that firearm by reference
to either the manufacturer and model of the firearm, or to the
physical characteristics of the firearm that match those listed on
the roster for use with the device.


12087.6. As used in this article:
(a) "Firearms safety device" means a device other than a gun safe
that locks and is designed to prevent children and unauthorized users
from firing a firearm. The device may be installed on a firearm, be
incorporated into the design of the firearm, or prevent access to
the firearm.
(b) "Gun safe" means a locking container that fully contains and
secures one or more firearms, and that meets the standards for gun
safes adopted pursuant to Section 12088.2.
(c) "Long-gun safe" means a locking container designed to fully
contain and secure a rifle as defined in paragraph (20) of
subdivision (c) of Section 12020 or a shotgun as defined in paragraph
(21) of subdivision (c) of Section 12020, that has a locking system
consisting of either a mechanical combination lock or an electronic
combination lock that has at least 1,000 possible unique combinations
consisting of a minimum of three numbers, letters, or symbols per
combination, and that is not listed on the roster maintained pursuant
to subdivision (d) of Section 12088.

California is still happy with gun safes for handguns; the Feds don't have a regulation that covers safes (though the actual law does) so most FFLs view not selling/having a lock as risky to their licenses.

[dfletcher]

I'm tempted to ask if anyone's experience is the same as mine with respect to being required or not being required to buy a gun lock when picking up a stripped lower.

Hypothetically speaking, I don't know that I've noticed alot of folks walking out the door with a gun lock looped through their stripped lowers. I could be mistaken, the gun lock could be in a bag or their pocket. From the postings I'd say no gun lock at sale time could be at variance with state law? If it were happening of course.

[Josh]

I'm tempted to ask if anyone's experience is the same as mine with respect to being required or not being required to buy a gun lock when picking up a stripped lower.

Hypothetically speaking, I don't know that I've noticed alot of folks walking out the door with a gun lock looped through their stripped lowers. I could be mistaken, the gun lock could be in a bag or their pocket. From the postings I'd say no gun lock at sale time could be at variance with state law? If it were happening of course.

The lock doesn't need to be on the gun, it just needs to leave with it. Also the safe affidavit could have been filled out and some shops will accept that in lieu of purchasing a gun lock.

[Librarian]

I'm tempted to ask if anyone's experience is the same as mine with respect to being required or not being required to buy a gun lock when picking up a stripped lower.

Hypothetically speaking, I don't know that I've noticed a lot of folks walking out the door with a gun lock looped through their stripped lowers. I could be mistaken, the gun lock could be in a bag or their pocket. From the postings I'd say no gun lock at sale time could be at variance with state law? If it were happening of course.

I would say it might be an example of a variance. If it's a firearm - as in, must buy it through FFL, has 10-day wait, etc - then the law is supposed to apply.

Doesn't make sense, really, except in anticipation of having a functioning weapon at some time in the future. But "make sense" and "California gun laws" seldom appear in close proximity without the "don't".

Were I a seller, I might have a pile of official safe affidavit forms behind the counter, and I might ask buyers of long guns to fill one out when they came to pick up their lowers.

Otherwise, I'd expect an appropriate lock with a properly dated receipt, or to sell a lock before delivery.

[rivviepop]

I bring my safe receipt with me to the shops when doing the initial transaction (usually a PPT or consignment purchase) and when picking up 10 days later, none of them have given me any problems and asked I purchase a lock or not accept the receipt for the safe; the receipt is clearly marked 'DOJ Certified' with the model and so forth on it. $0.02.