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Locked container in hidden compartment in car

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  • #46
    HMGHUNTER
    Junior Member
    • Aug 2012
    • 28

    So one more time...

    If you have a unloaded, concealed handgun in your car and is found during a search, that's considered a concealed weapon.

    But if you have said unloaded handgun in a locked but concealed container that's fine?

    Comment

    • #47
      dwtt
      Calguns Addict
      • Oct 2005
      • 7470

      So, the OP's question has been answered. Make a compartment in your car and store a gun in it. Don't store your drugs in it or you'll be breaking the law. If a cop sees your gun in the compartment, it'll be difficult for a DA to show intent to hide narcotics.
      So, where's the problem here? Just stuff your gun into the safe you put into the hidden compartment. Keep a loaded magazine outside of the gun but in the safe. Stuff your narcotics somewhere else.
      Last edited by dwtt; 10-02-2013, 3:57 PM.

      Comment

      • #48
        igorts
        Senior Member
        • Jan 2007
        • 1562

        what if I have existing (factory) secret container in my car and legally stored my unloaded weapon there
        am I "creating" it? or drug related now ?


        Sent from my iPhone5 using Tapatalk
        Lifetime NRA Member

        Comment

        • #49
          RickD427
          CGN/CGSSA Contributor - Lifetime
          CGN Contributor - Lifetime
          • Jan 2007
          • 9264

          Originally posted by HMGHUNTER
          So one more time...

          If you have a unloaded, concealed handgun in your car and is found during a search, that's considered a concealed weapon.

          But if you have said unloaded handgun in a locked but concealed container that's fine?
          As long as the locked container is not the "utility or glove compartment" of the vehicle, you're fine. There's no issue with the container being concealed so long as it is locked, and doesn't fall under the "utility or glove compartment" provisions.

          Here's the applicable law.

          As to the locked container - Penal Code section 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."

          As to the utility and glove compartment exception - Penal Code section 16850:

          "As used in Sections 17740, 23925, 25105, 25205, and 25610,
          in Article 3 (commencing with Section 25505) of Chapter 2 of Division
          5 of Title 4, in Chapter 6 (commencing with Section 26350) of
          Division 5 of Title 4, and in Chapter 7 (commencing with Section
          26400) of Division 5 of Title 4, "locked container" means a secure
          container that is fully enclosed and locked by a padlock, keylock,
          combination lock, or similar locking device. The term "locked
          container" does not include the utility or glove compartment of a
          motor vehicle."
          If you build a man a fire, you'll keep him warm for the evening. If you set a man on fire, you'll keep him warm for the rest of his life.

          Comment

          • #50
            NoSpam
            Senior Member
            • Apr 2013
            • 711

            Originally posted by igorts
            what if I have existing (factory) secret container in my car and legally stored my unloaded weapon there
            am I "creating" it? or drug related now ?


            Sent from my iPhone5 using Tapatalk
            Jeep Wrangler?

            Comment

            • #51
              RickD427
              CGN/CGSSA Contributor - Lifetime
              CGN Contributor - Lifetime
              • Jan 2007
              • 9264

              Originally posted by igorts
              what if I have existing (factory) secret container in my car and legally stored my unloaded weapon there
              am I "creating" it? or drug related now ?


              Sent from my iPhone5 using Tapatalk
              Please check out Post #12. The applicable law answering your question is right there.
              If you build a man a fire, you'll keep him warm for the evening. If you set a man on fire, you'll keep him warm for the rest of his life.

              Comment

              • #52
                NoSpam
                Senior Member
                • Apr 2013
                • 711

                Rick, I admire your professionalism. You're a gentleman and a scholar.

                Comment

                • #53
                  BCDavis
                  Member
                  • Mar 2013
                  • 321

                  Originally posted by RickD427
                  The term "locked container" does not include the utility or glove compartment of a motor vehicle."
                  This is the main point people need to think about.

                  You can't put the gun in the glove compartment or center console.

                  Because it's explicitly forbidden, I don't even know if putting
                  a locked gun case in the center console would be acceptable.

                  I think the main idea, is to have a fairly normal gun case, with a lock,
                  but store it somewhere in the driver's compartment, where you can
                  get to it, but where it's not totally visible to people looking inside.
                  Under the seat seems to be the most common place.

                  Comment

                  • #54
                    deviljon
                    Veteran Member
                    • Sep 2011
                    • 2513

                    Can the container be legally secured under the seat? I wouldn't want to put a gun in a container in the center console or glove box.

                    Comment

                    • #55
                      NoNOS67
                      Senior Member
                      • Aug 2008
                      • 2161

                      Originally posted by BCDavis
                      This is the main point people need to think about.

                      You can't put the gun in the glove compartment or center console.

                      Because it's explicitly forbidden, I don't even know if putting
                      a locked gun case in the center console would be acceptable.
                      People definitely have strong opinions on this one. My interpretation is that a locking glovebox or console, in itself, is not an acceptable container, but I do not see an issue with storing an otherwise acceptable locked container, in your glovebox or console. Does that make sense?

                      Curious to hear your thoughts on this, Rick...

                      Comment

                      • #56
                        97F1504RAD
                        Calguns Addict
                        • Dec 2008
                        • 6316

                        Originally posted by BCDavis
                        This is the main point people need to think about.

                        You can't put the gun in the glove compartment or center console.

                        Because it's explicitly forbidden, I don't even know if putting
                        a locked gun case in the center console would be acceptable.

                        I think the main idea, is to have a fairly normal gun case, with a lock,
                        but store it somewhere in the driver's compartment, where you can
                        get to it, but where it's not totally visible to people looking inside.
                        Under the seat seems to be the most common place.
                        Originally posted by NoNOS67
                        People definitely have strong opinions on this one. My interpretation is that a locking glovebox or console, in itself, is not an acceptable container, but I do not see an issue with storing an otherwise acceptable locked container, in your glovebox or console. Does that make sense?

                        Curious to hear your thoughts on this, Rick...
                        I too would like an answer to this one. My thoughts were to put a gunvault in my center console with a locked unloaded firearm.

                        Comment

                        • #57
                          RickD427
                          CGN/CGSSA Contributor - Lifetime
                          CGN Contributor - Lifetime
                          • Jan 2007
                          • 9264

                          Originally posted by NoNOS67
                          People definitely have strong opinions on this one. My interpretation is that a locking glovebox or console, in itself, is not an acceptable container, but I do not see an issue with storing an otherwise acceptable locked container, in your glovebox or console. Does that make sense?

                          Curious to hear your thoughts on this, Rick...
                          This one is a really good "Hair Splitter." My thought is that the "utility or glove compartment" cannot serve as the locked container. That's right out of the code. If there is a separate locked container within the "utility or glove compartment", that I think that container would meet the requirements of statute because it is separate from the "utility or glove compartment."

                          But the problem with "hair splitters" is that reasonable folks can come to different conclusions. The safest course of action would be to keep the secure container completely apart from the "utility or glove compartment." That way, even if you run across a LEO who thinks differently from me, you're still on safe ground.

                          But at the same time, please note there is no requirement for the secure container to be in the trunk as many believe, and there is no requirement to store the magazines in a separate container (except for RAW's - there's a ton of special transport requirements).
                          If you build a man a fire, you'll keep him warm for the evening. If you set a man on fire, you'll keep him warm for the rest of his life.

                          Comment

                          • #58
                            Agent 0range
                            Senior Member
                            • Feb 2012
                            • 1040

                            Originally posted by RickD427
                            This one is a really good "Hair Splitter." My thought is that the "utility or glove compartment" cannot serve as the locked container. That's right out of the code. If there is a separate locked container within the "utility or glove compartment", that I think that container would meet the requirements of statute because it is separate from the "utility or glove compartment."

                            But the problem with "hair splitters" is that reasonable folks can come to different conclusions. The safest course of action would be to keep the secure container completely apart from the "utility or glove compartment." That way, even if you run across a LEO who thinks differently from me, you're still on safe ground.

                            But at the same time, please note there is no requirement for the secure container to be in the trunk as many believe, and there is no requirement to store the magazines in a separate container (except for RAW's - there's a ton of special transport requirements).
                            little better about the world we live in!
                            Originally posted by Mezcalfud
                            Because a Glock looks great in the case and then when you take it home it feels like you're holding a Costco pack of Kielbasa.

                            Comment

                            • #59
                              2nd Mass
                              Veteran Member
                              • May 2013
                              • 3212

                              Ah found it http://wiki.calgunsfoundation.org/Transporting

                              Looks gtg.

                              Comment

                              • #60
                                Germz
                                Vendor/Retailer
                                • Apr 2013
                                • 4691

                                Originally posted by stphnman20
                                Magazine has to be in a separate compartment though. I think?

                                Check Titan Gun Safe
                                wrong. refer to the CHP.ca.gov website for transporting references. mags and gun in same container so long as magwell and chamber is not occupied.
                                Retired Account

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