Is a trunk always a locked container?

[fizux]

The apparent intent of 25610(a) is to allow you to carry unloaded in the trunk of your car without having another locked container within your trunk.

If someone wants to arrest you because you could hypothetically fold down the seat (and you could be planning to unbuckle your seatbelt, set the cruise control, crawl into the back, fold down the seat, and load up because someone might cut your off), then seems to require deliberately ignoring the intent of the law and relying upon a highly literal interpretation -- one that would also allow you to consider the entire vehicle a locked container (assuming you locked your vehicle's doors). Obviously, the unstated intent of the trunk exception is not for you to have access to the handgun, but it doesn't literally say anywhere in 25610 that the exception doesn't apply if you are inside the locked container or trunk.

It isn't a debate that I would ever want to have, but I can't imagine 12 people wanting to convict you for following both the intent and letter of the law, while the prosecutor requires that both be ignored.

[Librarian]

I agree with fizux, above.

I think the question in the thread title (and, thanks for doing that!) is not the right question.

PC 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.

'in the trunk' and 'in a locked container' are distinct conditions, and either is acceptable. The 'locked container' definition of 16850 does not apply to the trunk of a vehicle, so no, the trunk is not always a locked container - in the 16850 sense, it isn't a 'locked container' at all.

It isn't abundantly clear what "locked in the vehicle's trunk" means in detail, but IMO in the trunk with the lid closed (and, if it's possible, the back seats up and enclosing the space) is enough. Until we get some case law that says different, that's what I use as my operating assumption. Feel free to assume something more restrictive if you wish.

[fizux]

I agree with fizux, above.

Wow, I usually don't get that response. I'd better frame this.

[rogervzv]

Does this mean that the trunk is a no-go for any car that has folding rear seats?

I have always thought so. I just lock my guns in a container. That way no cop can argue that the guns are not locked up as required.

[shovelon]

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.

Just to clarify, the mags can be loaded in the locked container, but not inserted into the firearm. Would that be correct?

[Librarian]

Just to clarify, the mags can be loaded in the locked container, but not inserted into the firearm. Would that be correct?

Yes.