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Is a trunk always a locked container?

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  • #16
    TheKommissar
    Junior Member
    • Mar 2008
    • 19

    What if you drive a truck? Is a locked gun case under the back seat ok?

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    • #17
      taperxz
      I need a LIFE!!
      • Feb 2010
      • 19395

      Originally posted by TheKommissar
      What if you drive a truck? Is a locked gun case under the back seat ok?
      It could be on your lap.

      Comment

      • #18
        mdimeo
        Senior Member
        • Feb 2006
        • 614

        Originally posted by littlejake
        That's not so clear. Unless you have very long arms and can reach into the trunk, it's not accessible from inside the passenger compartment.
        The law doesn't say anything about accessible from inside the compartment. It says locked. If you can open it without unlocking it, it's not locked.

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        • #19
          Cali-Shooter
          Calguns Addict
          • Oct 2009
          • 9192

          Originally posted by TheKommissar
          What if you drive a truck? Is a locked gun case under the back seat ok?
          Originally posted by taperxz
          It could be on your lap.
          To the Original Poster, do what I do, I keep a plastic pistol box locked with a padlock under the seat with the key nearby, and the contents are an unloaded handgun with several loaded mags next to it in the box.
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          • #20
            dantodd
            Calguns Addict
            • Aug 2009
            • 9360

            The problem with many of these discussions is that you cannot open your trunk anywhere if you are using it as your "locked container" for a handgun. Loading groceries in the trunk, opening the trunk to change a flat, ANY other time you open the trunk is a violation of the law. If your gun is in an unlocked rug in the trunk it is an illegally concealed weapon as soon as you open trunk. If you have your handgun in a rack or in some other clearly visible manner it is illegal open carry.
            Coyote Point Armory
            341 Beach Road
            Burlingame CA 94010
            650-315-2210
            http://CoyotePointArmory.com

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            • #21
              A-J
              Veteran Member
              • Dec 2011
              • 2582

              Originally posted by pingpong
              Does this mean that the trunk is a no-go for any car that has folding rear seats?
              Which is pretty much every car made in the last 20+ years, and is yet another example of the stupidity of a LOT of the legal requirements surrounding guns here in CA.

              Originally posted by mdimeo
              The law doesn't say anything about accessible from inside the compartment. It says locked. If you can open it without unlocking it, it's not locked.
              Again, proving that 90% or more of passenger cars nowadays probably wouldn't meet the letter of the law as written.
              Last edited by A-J; 06-22-2012, 11:06 AM.
              It was not a threat. It was an exaggerated response to an uncompromising stance. I was taught never to make a threat unless you are prepared to carry it out and I am not a fan of carrying anything. Even watching other people carrying things makes me uncomfortable. Mainly because of the possibility they may ask me to help.

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              • #22
                Vetteodyssey
                Member
                • Nov 2011
                • 117

                How about a biometric/combo safe inside the trunk that is accessible via a fold down arm rest or folding rear seat. That way there is no visible weapon in the passenger compartment. If you need it reach back pull down the arm rest, swipe your finger/enter your code. Pop in your mag and rack it.

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                • #23
                  eighteenninetytwo
                  Senior Member
                  • Nov 2008
                  • 1540

                  This is obviously a handgun oriented discussionbut I have to ask. What are the requirements for my long guns when driving. Do they have to be locked also? I usually have them in a soft case on the passenger seat.

                  Comment

                  • #24
                    Ctwo
                    Member
                    • May 2011
                    • 182

                    Originally posted by eighteenninetytwo
                    This is obviously a handgun oriented discussionbut I have to ask. What are the requirements for my long guns when driving. Do they have to be locked also? I usually have them in a soft case on the passenger seat.
                    I think when driving within 1000 feet of a K-12 school, long guns must be locked in a case.

                    Comment

                    • #25
                      Librarian
                      Admin and Poltergeist
                      CGN Contributor - Lifetime
                      • Oct 2005
                      • 44626

                      Originally posted by eighteenninetytwo
                      This is obviously a handgun oriented discussionbut I have to ask. What are the requirements for my long guns when driving. Do they have to be locked also? I usually have them in a soft case on the passenger seat.
                      Originally posted by Ctwo
                      I think when driving within 1000 feet of a K-12 school, long guns must be locked in a case.
                      Yes, Federal law requires long guns to be locked; California law doesn't care. See the wiki -- http://wiki.calgunsfoundation.org/Gun_Free_School_Zones
                      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!

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                      • #26
                        dantodd
                        Calguns Addict
                        • Aug 2009
                        • 9360

                        Originally posted by Ctwo
                        I think when driving within 1000 feet of a K-12 school, long guns must be locked in a case.
                        A locking rack also qualifies for the federal GFSZ act so locking your long guns into a window rack in your pickup or using a vertical rack like the PD (or roof mounted) is just as good as a locking case.
                        Coyote Point Armory
                        341 Beach Road
                        Burlingame CA 94010
                        650-315-2210
                        http://CoyotePointArmory.com

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                        • #27
                          chiselchst
                          Very Nice Honey Badger
                          CGN Contributor - Lifetime
                          • Oct 2008
                          • 2025

                          (I'll preface this by saying I always transport firearms in a locked container, period. I am NOT seeking to be a test case here).

                          It looks like a few things have been established from the many discussions on this matter. Correct me if I'm wrong...

                          A lockable vehicle "trunk" can serve as a *locked container*, if the following prerequisites are met:
                          * Access from the passenger compartment TO the trunk can be locked (requiring a key or combination to unlock).
                          * There is NOT a remote trunk opening button in the vehicle (accessible to anyone).
                          * The trunk could NOT be legally opened in an unauthorized location.

                          But have we concluded if a key FOB accessible trunk release disqualifies all of this? The key FOB is like a key IMHO - normally kept in the possession of the owner of the vehicle, just like a key. If a car did not have a remote trunk opener, the *key*, in the possession of the responsible party would satisfy that component, correct? But what about the key FOB?

                          My personal "guess" is that it would treated like a *key* to the trunk...

                          Thoughts?
                          Last edited by chiselchst; 06-22-2012, 4:06 PM.
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                          • #28
                            Decoligny
                            I need a LIFE!!
                            • Mar 2008
                            • 10615

                            Originally posted by chiselchst
                            (I'll preface this by saying I always transport firearms in a locked container, period. I am NOT seeking to be a test case here).

                            It looks like a few things have been established from the many discussions on this matter. Correct me if I'm wrong...

                            A lockable vehicle "trunk" can serve as a *locked container*, if the following prerequisites are met:
                            * Access from the passenger compartment TO the trunk can be locked (requiring a key or combination to unlock).
                            * There is NOT a remote trunk opening button in the vehicle (accessible to anyone).
                            * The trunk could NOT be legally opened in an unauthorized location.

                            But have we concluded if a key FOB accessible trunk release disqualifies all of this? The key FOB is like a key IMHO - normally kept in the possession of the owner of the vehicle, just like a key. If a car did not have a remote trunk opener, the *key*, in the possession of the responsible party would satisfy that component, correct? But what about the key FOB?

                            My personal "guess" is that it would treated like a *key* to the trunk...

                            Thoughts?
                            My car doors do not even have a key. They unlock with the fob. When I leave my car I lock it. My trunk doesn't have a key. When I close it, it is locked. I unlock it with the fob. It is an electronic key.
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                            • #29
                              dantodd
                              Calguns Addict
                              • Aug 2009
                              • 9360

                              Originally posted by Decoligny
                              My car doors do not even have a key. They unlock with the fob. When I leave my car I lock it. My trunk doesn't have a key. When I close it, it is locked. I unlock it with the fob. It is an electronic key.
                              This is my understanding as well. Remember, while all of this has been hashed out a number of times it is based on many years of experience handling guns and dealing with police, reading court cases etc. however; it is just a series of "guesses" because there is no case law on exactly how locked a trunk has to be.
                              Coyote Point Armory
                              341 Beach Road
                              Burlingame CA 94010
                              650-315-2210
                              http://CoyotePointArmory.com

                              Comment

                              • #30
                                Munk
                                Senior Member
                                • Jun 2010
                                • 2124

                                relevant part of the PC you yourself cited.

                                (c) As used in this section, “locked container” means a secure container which is fully enclosed and locked by a padlock, key lock, combination lock, or similar locking device.
                                Secure container, fully enclosed, and locked.

                                If your house has a front door and a back door, but you only lock the front, then your house is not entirely locked. If the front door is locked, and the backdoor is swinging open, then it's not enclosed either.

                                For a trunk to qualify with all the requirements: it must be secure. generally this means stronger than a paper bag, which is why pretty much all gun-cases and bags can qualify as a "secure" container; it must be FULLY enclosed, so the backseats cannot be in a folded down position, or have the hatch open or some other opening; and locked, so the closed hatches must all be locked in place (my car has a toggle on the back of the seats to keep them from being foldable), some cars have a key-lock above or behind the seats that keeps them from folding, and the trunk lid itself must be closed and locked.

                                Your key counts as an obvious key. Keyfobs are generally accepted as electronic keys. The button or lever up front in your car can usually be disabled by a key-lock or a switch or toggle ( mine has a switch in the trunk that disables the keyfob AND the button). The status of the button is seriously grey. I'm of the opinion that access to the button is determined by whoever has key-access to the car, which makes it as good as a key to a locking device. Arguing about breaking windows to access the button is about as solid as arguing that a plastic gun-case can be broken which makes it insecure (hint: the case is still a secure container for purposes of locked storage).

                                The ultimate answer to the OP's question is that, no, it's not always a locked container, it depends heavily on the configuration of your car, and whether or not it can be fully enclosed and locked, and IF you have it currently in a configuration that meets the criteria.

                                If you wish to have a quick-access setup that still meets locking requirements, then gut a cheap thumbprint or quickaccess handgun box, mount the hinge behind your little access hole with the access buttons or scanner easily available. It might require you to install an extra bit of plate around the door for strength, stability, and for a place for the lock to engage, but it's doable relatively cheaply and can still be hidden behind the armrest or whatever.
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