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Transport a hand gun in an SUV with trigger lock without a lock box

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  • #16
    loather
    Senior Member
    • Jun 2009
    • 909

    Originally posted by mmartin
    my hubby was told that his locking pickup-bed tool box (which is bolted to the bed) IS a utility compartment (2 references, San Diego and Riverside counties) and therefore doesn't constitute an appropriate locked container.
    That's just plain stupid. I doubt very seriously that such would stand up to scrutiny in court if actually challenged. This kind of thing infuriates me. I was actually planning on buying one of those tool boxes for my truck so I could transport my firearms this way.

    Seriously. How is that *any* different from a trunk? Most trunks have releases from the inside of the vehicle. It'd be *easier* to get it out of the trunk than the tool box (which requires a key).

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    • #17
      GuyW
      Banned
      • Dec 2002
      • 4298

      Originally posted by loather
      That's just plain stupid. I doubt very seriously that such would stand up to scrutiny in court if actually challenged. This kind of thing infuriates me. I was actually planning on buying one of those tool boxes for my truck so I could transport my firearms this way.

      Seriously. How is that *any* different from a trunk? Most trunks have releases from the inside of the vehicle. It'd be *easier* to get it out of the trunk than the tool box (which requires a key).
      You can still use the utility boxes to transport, it just doesn't count as the "locked container" for handguns...
      .

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      • #18
        mmartin
        Senior Member
        • Aug 2009
        • 951

        Originally posted by GuyW
        You can still use the utility boxes to transport, it just doesn't count as the "locked container" for handguns...
        .
        right... which means you have to have it in a locked case inside your locked tool box.

        find the legal definition of "utility compartment"... if you can. and let me know if you do. apparently it's entirely up to LE and DA interpretation.

        megan
        "There is danger from all men. The only maxim of a free government ought to be to trust no man living with power to endanger the public liberty." - John Adams
        "To maintain the ascendancy of the Constitution over the lawmaking majority is the great and essential point on which the success of the system must depend;" - John C Calhoun
        "If you don't have a gun, freedom of speech has no power." - Yoshimi Ishikawa

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        • #19
          mmartin
          Senior Member
          • Aug 2009
          • 951

          Originally posted by loather
          That's just plain stupid. I doubt very seriously that such would stand up to scrutiny in court if actually challenged. This kind of thing infuriates me. I was actually planning on buying one of those tool boxes for my truck so I could transport my firearms this way.

          Seriously. How is that *any* different from a trunk? Most trunks have releases from the inside of the vehicle. It'd be *easier* to get it out of the trunk than the tool box (which requires a key).
          a trunk is an integral part of the vehicle. a truck-bed tool box is not, even if it's bolted to the bed. or so I'm told.
          functionally? looks the same to me... it's a locked compartment not accessible from the inside of the vehicle, and not removeable from the vehicle without the use of tools.

          still, stupid or not, I'll just tell you in riverside you have to pay a lawyer to explain it to the DA or the judge, because the arrest report will say it was not properly and legally transported (that is, it was in an unlocked container in the utility compartment, and therefore consealed).

          In SD county the LE will *tell* you the same thing, although I haven't seen it charged as such.

          Megan
          "There is danger from all men. The only maxim of a free government ought to be to trust no man living with power to endanger the public liberty." - John Adams
          "To maintain the ascendancy of the Constitution over the lawmaking majority is the great and essential point on which the success of the system must depend;" - John C Calhoun
          "If you don't have a gun, freedom of speech has no power." - Yoshimi Ishikawa

          Comment

          • #20
            IsaacGlass
            Veteran Member
            • Apr 2009
            • 2591

            Originally posted by mmartin
            right... which means you have to have it in a locked case inside your locked tool box.
            Does anyone knows if the locked case has be made out of

            hard plastic


            metal


            or a lockable gun rug?

            Comment

            • #21
              1BigPea
              Senior Member
              • Jun 2008
              • 1102

              Originally posted by IsaacGlass
              Does anyone knows if the locked case has be made out of

              hard plastic


              metal


              or a lockable gun rug?
              It can be made out of any of those.

              I carry my pistols in a locked range bag, that is secure and sufficient.
              Originally Posted by Wherryj
              I am a physician. I am held to being "the expert" in medicine. I can't fall back on feigned ignorance and the statement that the patient should have known better than I. When an officer "can't be expected to know the entire penal code", but a citizen is held to "ignorance is no excuse", this is equivalent to ME being able to sue my patient for my own malpractice-after all, the patient should have known better, right?

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              • #22
                kalalp
                Member
                • Nov 2008
                • 246

                If I have a rolling lockable cover on my pickup bed with the tailgate locked would this be considered legal? Anyone know? Seems like the definition of a trunk.

                Comment

                • #23
                  Librarian
                  Admin and Poltergeist
                  CGN Contributor - Lifetime
                  • Oct 2005
                  • 44626

                  Originally posted by kalalp
                  If I have a rolling lockable cover on my pickup bed with the tailgate locked would this be considered legal? Anyone know? Seems like the definition of a trunk.
                  Regrettably, 'know' would require either a detailed opinion from the Attorney General or a body of case law where different things were prosecuted and there were court rulings.

                  That said, I agree that your locked cover and tailgate seems like a trunk.

                  We have to stop over-thinking this. Drive carefully so you don't get stopped, and 99% of the problems will never occur.

                  In that remaining 1% will be things like accidents - in which case usually you will have injuries to worry about, far more important than how you happened to be transporting a firearm.
                  ARCHIVED Calguns Foundation Wiki here: http://web.archive.org/web/201908310...itle=Main_Page

                  Frozen in 2015, it is falling out of date and I can no longer edit the content. But much of it is still good!

                  Comment

                  • #24
                    Bigballaizm
                    Veteran Member
                    • Feb 2008
                    • 3109

                    Originally posted by Librarian
                    We have to stop over-thinking this. Drive carefully so you don't get stopped, and 99% of the problems will never occur.
                    In that remaining 1% will be things like accidents - in which case usually you will have injuries to worry about, far more important than how you happened to be transporting a firearm.
                    True!!
                    sigpic

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