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How far must a locked container be from the driver?

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  • Boxer
    Senior Member
    • Jan 2008
    • 1499

    How far must a locked container be from the driver?

    I purchased a Titan Vault for traveling to and from the gun range. It is a steel vault, with handle, locks to a steel mount that can be bolted to the floor of the Excursion and has a push button combination to open the vault.

    Assume the gun is unloaded and no magazines are touching the gun.

    see link http://www.titangunvault.com/

    I planned to have it just behind the center consul of an Excursion so I can get it in and out of the truck without having to get into the back seat area. The container is removable, will remain locked in transport to the home/range, and the mount will stay bolted to the floor.

    A retired LE said that was illegal and it had to be mounted as far away from the driver as possible. He could not site a section or law and said it was case law that would impact the matter.

    Is this correct?
    Last edited by Boxer; 04-20-2008, 9:54 PM.
    ~If you don't stand behind our troops, feel free to stand in front of them~
  • #2
    M. Sage
    Moderator Emeritus
    CGN Contributor - Lifetime
    • Jul 2006
    • 19759

    No mention of distance in PC. You transport it on your lap.
    Originally posted by Deadbolt
    "We're here to take your land for your safety"

    "My Safety?" *click* "There, that was my safety"
    sigpicNRA Member

    Comment

    • #3
      G17GUY
      Senior Member
      • Sep 2006
      • 2343

      Per CHP
      I will be traveling to California and want to carry my weapon. I currently have a concealed weapon permit. How can I legally transport my weapon while driving through the state?

      California law does not recognize concealed weapon permits from other states; therefore, they would not be held valid. If you wish to transport a handgun during your California visit, it should be carried unloaded in a locked container. In the absence of a suitable container, you may secure the unloaded handgun in the locked trunk of a passenger car. Ammunition may be kept in the same container or trunk, but the handgun must remain unloaded with no rounds in the cylinder and no loaded magazines in the magazine well.

      If you have additional questions, contact the California Department of Justice at 916-227-3703.
      sigpic

      Comment

      • #4
        savageevo
        Senior Member
        • Oct 2006
        • 1220

        It seems all retired LE always says its illegal even though they can't tell you where the law is writted. I saw that at the gun show and thought it was a nice vault. But for almost two hundred I had to pass on it.

        Comment

        • #5
          mymonkeyman
          Senior Member
          • Jan 2008
          • 1049

          Sadly LE often know very little about the law.
          The above does not constitute legal advice. I am not your lawyer.

          "[T]he enshrinement of constitutional rights necessarily takes certain policy choices off the table."

          Comment

          • #6
            Librarian
            Admin and Poltergeist
            CGN Contributor - Lifetime
            • Oct 2005
            • 44627

            Originally posted by Boxer
            I purchased a Titan Vault for traveling to and from the gun range. It is a steel vault, with handle, locks to a steel mount that can be bolted to the floor of the Excursion and has a push button combination to open the vault.

            Assume the gun is unloaded and no magazines are touching the gun.

            see link http://www.titangunvault.com/

            I planned to have it just behind the center consul of an Excursion so I can get it in and out of the truck without having to get into the back seat area. The container is removable, will remain locked in transport to the home/range, and the mount will stay bolted to the floor.

            A retired LE said that was illegal and it had to be mounted as far away from the driver as possible. He could not site a section or law and said it was case law that would impact the matter.

            Is this correct?
            The only trick is whether someone would conclude it is actually a center console. The PC says "The term "locked container" does not include the utility or glove compartment of a motor vehicle."

            On the floor behind the front seats, on the back seats, on the front seat all are fine.
            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

            • #7
              Boxer
              Senior Member
              • Jan 2008
              • 1499

              There is a magazine container that hooks to the (non hinged) edge of this vault. The lid of that container locks under the lid of the Titan vault and springs open when the Titan vault is opened.

              Can a loaded magazine be kept in that locked acessories container that is locked via the Titian vault. The additional container is a protoype and is a special order right now. Does this complicate things?

              Both items are in open view behind the seat in the center.
              ~If you don't stand behind our troops, feel free to stand in front of them~

              Comment

              • #8
                G17GUY
                Senior Member
                • Sep 2006
                • 2343

                Might as well just open carry
                sigpic

                Comment

                • #9
                  Boxer
                  Senior Member
                  • Jan 2008
                  • 1499

                  Perhaps I should clarify: Both items are in full view meaning the Titian vaul with the attached magazine carrier, both locked. The pistol and magazine are behind locked steel doors/covers.
                  ~If you don't stand behind our troops, feel free to stand in front of them~

                  Comment

                  • #10
                    artherd
                    Calguns Addict
                    • Oct 2005
                    • 5038

                    It can be in your lap.
                    - Ben Cannon.
                    Chairman, CEO -
                    CoFounder - Postings are my own, and are not formal positions of any other entity, or legal advice.

                    Comment

                    • #11
                      Liberty1
                      Calguns Addict
                      • Apr 2007
                      • 5541

                      Originally posted by Boxer
                      Can a loaded magazine be kept in that locked acessories container that is locked via the Titian vault.
                      Yes, per PC 12031g and "People vs Clark". What you are describing is no crime. Carry on!

                      Tell that retired 830.1 or other formerly duly appointed peace officer to get his backside registered here. Tell him to post that he is that retired 830.1 or other formerly duly appointed peace officer so we can rip him a new one on the internet!!!! He should stick to golfing!

                      Also go read PC 12026.1a, 12027 (f), 12025 (f) and all of 12031...

                      PS I love my titan!
                      PPS don't go asking about securing your titan to your vehicle at Calccw.org they'll tell you it's then a "utility compartment"
                      Last edited by Liberty1; 04-20-2008, 11:01 PM.
                      False is the idea of utility that sacrifices a thousand real advantages for one imaginary or trifling inconvenience; that would take fire from men because it burns, and water because one may drown in it; that has no remedy for evils except destruction. The laws that forbid the carrying of arms are laws of such a nature. They disarm only those who are neither inclined nor determined to commit crimes.
                      -- Cesare Beccaria http://www.a-human-right.com/

                      Comment

                      • #12
                        fun2none
                        Member
                        • Oct 2005
                        • 402

                        Originally posted by Liberty1
                        Yes, per PC 12031g and "People vs Clark". What you are describing is no crime. Carry on!

                        Tell that retired 830.1 or other formerly duly appointed peace officer to get his backside registered here. Tell him to post that he is that retired 830.1 or other formerly duly appointed peace officer so we can rip him a new one on the internet!!!! He should stick to golfing!

                        Also go read PC 12026.1a, 12027 (f), 12025 (f) and all of 12031...

                        PS I love my titan!
                        PPS don't go asking about securing your titan to your vehicle at Calccw.org they'll tell you it's then a "utility compartment"
                        What exactly is a utility compartment?
                        Is a utility compartment integral (built-in or attached) to the vehicle?

                        Comment

                        • #13
                          CSDGuy
                          Veteran Member
                          • Mar 2007
                          • 3763

                          You bolt it in and it becomes part of the car. you bolt down a bracket, and click the vault to the bracket and it becomes part of the car. You cable lock it to something substantial, it's not part of the car. It's that I'm against securing your firearm well, it's that I'm more for not getting arrested. Any LEO would see a cable locked vault as a separate item. Bolt it down or click it to a bracket that's bolted and a LEO could easily claim that it's part of the car.

                          Personally, I kind of like the bracket method... keeps the vault in one specific spot while being removable from the vehicle. No FUD here... just extra safety really. Besides, as long as it's in a locked container and nothing in the cylinder or magwell, the container can be anywhere you want it to be...

                          Comment

                          • #14
                            Liberty1
                            Calguns Addict
                            • Apr 2007
                            • 5541

                            Originally posted by CSDGuy
                            You bolt it in and it becomes part of the car. you bolt down a bracket, and click the vault to the bracket and it becomes part of the car.
                            Please cite an arrest, case law, DOJ opinion, or paid attorney opinion. Absent that I call it Orange County FUD.
                            False is the idea of utility that sacrifices a thousand real advantages for one imaginary or trifling inconvenience; that would take fire from men because it burns, and water because one may drown in it; that has no remedy for evils except destruction. The laws that forbid the carrying of arms are laws of such a nature. They disarm only those who are neither inclined nor determined to commit crimes.
                            -- Cesare Beccaria http://www.a-human-right.com/

                            Comment

                            • #15
                              CSDGuy
                              Veteran Member
                              • Mar 2007
                              • 3763

                              Originally posted by Liberty1
                              Please cite an arrest, case law, DOJ opinion, or paid attorney opinion. Absent that I call it Orange County FUD.
                              How about you provide the same that supports your argument?

                              Remember, arrests would be for PC 12025... not for violating 12026.1 or .2. Arrests for violation of 12025 include all the center console, glove box, under the seat...

                              I do believe I read that info or synthesized that info myself from "How to own a gun in California and stay out of jail". Good book. I've been trying to find my copy of it (2007 version, 2008 is supposed to be basically unchanged) to back up or refute my own memory.

                              Comment

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