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I'm sorry, but can someone quickly explain the gun safe laws?

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  • mikepiet
    Junior Member
    • Mar 2010
    • 91

    I'm sorry, but can someone quickly explain the gun safe laws?

    I am a fairly new gun owner here in CA and have heard\read differing thoughts on home gun safes.

    I own a single centerfire rifle (not featureless) and keep it in my home where my wife and I live. I do not have any kids atm.

    I primarily purchased the rifle for home protection, SHTF scenarios and punching paper. Am I required by law to keep the rifle in a safe? I have been told yes and have read here no.

    The rifle is for home protection and I find that a safe would severely hamper my ability to get to my rifle quickly in the event of an intruder, home invasion etc.

    I suppose a nice safe with push button combo lock would work but until I pick something up, am I violating law?

    Thanks in advanced CG crew. I've learned tremendously since being here.

    MP
  • #2
    taperxz
    I need a LIFE!!
    • Feb 2010
    • 19395

    You are not breaking any laws, however it is good to have a safe in case of a break in and someone steals it.

    Comment

    • #3
      PhantomII
      Member
      • May 2010
      • 337

      Statewide, no. There is no requirement to keep your guns locked in a safe or even use a trigger lock.
      Some communities may have such requirements and I'm sure others will pop in and start a list.

      However, you can be held criminally liable if a child gets access to your firearm and injures/kills somebody and it was not locked up securely.
      Evil Roy Slade

      Comment

      • #4
        mdimeo
        Senior Member
        • Feb 2006
        • 614

        Originally posted by PhantomII
        However, you can be held criminally liable if a child gets access to your firearm and injures/kills somebody and it was not locked up securely.
        ... but only if it was a kid who was allowed to be there. If some random teenager breaks in and steals your rifle, this doesn't apply.

        I think.

        Comment

        • #5
          bruss01
          Calguns Addict
          • Feb 2006
          • 5336

          Originally posted by PhantomII
          However, you can be held criminally liable if a child gets access to your firearm and injures/kills somebody and it was not locked up securely.
          This.

          You must take into account your own children.

          You must take into account children of people visiting your home.

          It's not necessary to take into account teens ("children") who break in through your locked door... however I wonder if you accidentally left a back window unlocked if there might be some liability...

          No law says you have to keep your guns in a safe. I do believe you have to HAVE a safe, or a lock for the gun, as a condition of purchase. May not apply to PPT's though... Someone correct me if I'm wrong.
          The one thing worse than defeat is surrender.

          Comment

          • #6
            PhantomII
            Member
            • May 2010
            • 337

            Originally posted by bruss01
            I do believe you have to HAVE a safe, or a lock for the gun, as a condition of purchase. May not apply to PPT's though... Someone correct me if I'm wrong.
            You are required to purchase a lock or sign an affidavit stating that you own a gun safe at the time you pick up a firearm from an FFL, but you are not required to keep the lock or the safe after the purchase is completed.
            Evil Roy Slade

            Comment

            • #7
              CHS
              Moderator Emeritus
              CGN Contributor - Lifetime
              • Jan 2008
              • 11338

              Originally posted by PhantomII
              You are required to purchase a lock or sign an affidavit stating that you own a gun safe at the time you pick up a firearm from an FFL, but you are not required to keep the lock or the safe after the purchase is completed.
              Nor are you EVER required by law to use them for the purposes of storage.

              If that was the case, how could anyone keep a loaded gun in their bedside table for self-defense against intruders?
              Please read the Calguns Wiki
              Laws that forbid the carrying of arms...disarm only those who are neither inclined nor determined to commit crimes...Such laws make things worse for the assaulted and better for the assailants; they serve rather to encourage than to prevent homicides, for an unarmed man may be attacked with greater confidence than an armed man.
              --Cesare, Marquis of Beccaria, "On Crimes and Punishment"

              Comment

              • #8
                five.five-six
                CGN Contributor
                • May 2006
                • 34702

                Originally posted by PhantomII
                However, you can be held criminally liable if a child gets access to your firearm and injures/kills somebody and it was not locked up securely.

                it was not reasonably inaccessible to children


                Last edited by five.five-six; 11-09-2010, 5:19 PM.

                Comment

                • #9
                  GrizzlyGuy
                  Gun Runner to The Stars
                  CGN Contributor - Lifetime
                  • May 2009
                  • 5468

                  Originally posted by five.five-six
                  it was not reasonably inaccessible to children
                  Yup, and FYI 12035 lets you off the hook if the gun was kept in a locked container, and that's probably where people erroneously get the idea that you must have a safe. 12035 also lets you off the hook if the child broke in, the child fired in self-defense, etc.:

                  (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.
                  {...}
                  ETA: For gun lock/safe requirements related to purchasing a gun, see Librarian's excellent info here.
                  Gun law complexity got you down? Get the FAQs, Jack!

                  sigpic

                  Comment

                  • #10
                    five.five-six
                    CGN Contributor
                    • May 2006
                    • 34702

                    here is the part that stands out to me

                    is likely to gain access to the firearm without the permission of the child’s parent or legal guardian

                    Comment

                    • #11
                      mikepiet
                      Junior Member
                      • Mar 2010
                      • 91

                      A BIG thank you to everyone who posted. We have no kids and I like to believe the neighborhood is safe.

                      Never the less, I think I'll pick up a safe for when we go on vacation or something.

                      Thanks again,
                      PM

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