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How far must a locked container be from the driver?

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  • #16
    64Chevy
    Junior Member
    • Apr 2007
    • 19

    The Grant Boys Has the Stay Out of Jail in CA. 2008 Book

    The Grant Boys usually has the Stay Out of Jail in CA. 2008 book at the check out counter for those of us in SoCal.



    1750 Newport Blvd.
    Costa Mesa, CA 92627

    Comment

    • #17
      artherd
      Calguns Addict
      • Oct 2005
      • 5038

      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. 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.
      Oh really? Think FORD would warrantee it then?

      Want to go up against me in court and claim a separately purchased combination gun lock box that is not supplied installed or serviced by FORD is 'part of the vehicle?'

      Cite case or statute law to back this up, otherwise I call shenanigans.
      - Ben Cannon.
      Chairman, CEO -
      CoFounder - Postings are my own, and are not formal positions of any other entity, or legal advice.

      Comment

      • #18
        Scarecrow Repair
        Senior Member
        • May 2006
        • 2425

        Originally posted by artherd
        Oh really? Think FORD would warrantee it then?

        Want to go up against me in court and claim a separately purchased combination gun lock box that is not supplied installed or serviced by FORD is 'part of the vehicle?'

        Cite case or statute law to back this up, otherwise I call shenanigans.
        Slightly off topic .. a friend has a $4000 welder / generator which he welded to the bed of his pickup, saying the vehicle insurance covers it in case of collision if it is "permanently" attached (not to mention making it harder to steal). There might be some similar consideration for bolting a lockbox inside a vehicle, but a law is easier to find that insurance company policy, and more difficult to change on a whim.
        Mention the Deacons for Defense and Justice and make both left and right wingnuts squirm

        Comment

        • #19
          Liberty1
          Calguns Addict
          • Apr 2007
          • 5541

          Originally posted by CSDGuy
          How about you provide the same that supports your argument?
          I would if was possible to prove a negative. Balls in your court.
          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

          • #20
            New
            Junior Member
            • Apr 2008
            • 14

            It must be

            Out of arms reach. Thats what the sheriff here says

            Comment

            • #21
              Glock22Fan
              Calguns Addict
              • May 2006
              • 5752

              What the Sheriff says

              Originally posted by New
              Out of arms reach. Thats what the sheriff here says
              And we all know that what the Sheriff says just absolutely has to be the law, the complete law and nothing but the law.

              If only.
              John -- bitter gun owner.

              All opinions expressed here are my own unless I say otherwise.
              I am not a lawyer and this is not legal advice.

              sigpic

              Comment

              • #22
                eta34
                Senior Member
                • Oct 2006
                • 2432

                Originally posted by New
                Out of arms reach. Thats what the sheriff here says
                NO, NO, NO!

                Comment

                • #23
                  Liberty1
                  Calguns Addict
                  • Apr 2007
                  • 5541

                  Is there a name and a jurisdiction to go with that title?
                  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

                  • #24
                    Fate
                    Calguns Addict
                    • Apr 2006
                    • 9545

                    Originally posted by Liberty1
                    Is there a name and a jurisdiction to go with that title?
                    Buford T. Justice, Texarkana.
                    sigpic "On bended knee is no way to be free." - Eddie Vedder, "Guaranteed"

                    "Let your gun therefore be the constant companion of your walks." -Thomas Jefferson
                    , in a letter to his nephew Peter Carr dated August 19, 1785

                    Comment

                    • #25
                      Librarian
                      Admin and Poltergeist
                      CGN Contributor - Lifetime
                      • Oct 2005
                      • 44627

                      Originally posted by artherd
                      Oh really? Think FORD would warrantee it then?

                      Want to go up against me in court and claim a separately purchased combination gun lock box that is not supplied installed or serviced by FORD is 'part of the vehicle?'

                      Cite case or statute law to back this up, otherwise I call shenanigans.
                      I think the emphasis ought to be
                      a LEO could easily claim that it's part of the car.
                      Whether it has already occurred or that such a claim is quite likely to be wrong is less interesting. I'd call it 'constructive paranoia' or 'very conservative analysis of an amount of risk I wish to accept' or perhaps 'an extremely low opinion of the PC knowledge of an average LEO in California when confronted with a novelty'.

                      Honestly, I don't think there ought to be any problem at all with the Titan installed as described, it's just that we're back to the "58 elected DAs problem" again.
                      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

                      • #26
                        MudCamper
                        Veteran Member
                        • Mar 2007
                        • 4593

                        Originally posted by New
                        Out of arms reach. Thats what the sheriff here says
                        New, as others here have stated, sadly, many (if not most) LEO do not know the law very well. If you want to know the law, my carry and transport flyer is a good place to start.

                        Comment

                        • #27
                          New
                          Junior Member
                          • Apr 2008
                          • 14

                          Originally posted by eta34
                          NO, NO, NO!
                          YES YES YES YES.

                          12026.1 (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; other than the utility or glove compartment.

                          If you do not have a glove compartment, like an RV, it has to be out of arms reach. Call you local LEO office, they will most likely tell you to call your sheriff, and they will tell you, to transport it locked, ammo separate and OUT OF ARMS REACH.

                          Comment

                          • #28
                            mymonkeyman
                            Senior Member
                            • Jan 2008
                            • 1049

                            Originally posted by New
                            YES YES YES YES.

                            12026.1 (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; other than the utility or glove compartment.

                            If you do not have a glove compartment, like an RV, it has to be out of arms reach. Call you local LEO office, they will most likely tell you to call your sheriff, and they will tell you, to transport it locked, ammo separate and OUT OF ARMS REACH.
                            Are you incapable of reading a statute?

                            It says that, for the exception to 12025 to apply, the firearm must be in the locked trunk or a locked container in the vehicle, and that said locked containers do not include the utility or glove compartment. It says nothing about within an arms reach. It also says that glove compartments ARE NOT sufficient. Please stop spreading FUD.
                            Last edited by mymonkeyman; 04-21-2008, 4:02 PM.
                            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

                            • #29
                              Librarian
                              Admin and Poltergeist
                              CGN Contributor - Lifetime
                              • Oct 2005
                              • 44627

                              Originally posted by New
                              YES YES YES YES.

                              12026.1 (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; other than the utility or glove compartment.

                              If you do not have a glove compartment, like an RV, it has to be out of arms reach. Call you local LEO office, they will most likely tell you to call your sheriff, and they will tell you, to transport it locked, ammo separate and OUT OF ARMS REACH.
                              So, you quoted the correct Penal Code. Where in it do you see "out of arm's reach"?

                              I submit that you will not find it there. And if it isn't in the PC, it isn't required, no matter how emphatically your local Sheriff may wish it so.
                              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

                              • #30
                                MudCamper
                                Veteran Member
                                • Mar 2007
                                • 4593

                                Originally posted by New
                                YES YES YES YES.

                                12026.1 (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; other than the utility or glove compartment.

                                If you do not have a glove compartment, like an RV, it has to be out of arms reach. Call you local LEO office, they will most likely tell you to call your sheriff, and they will tell you, to transport it locked, ammo separate and OUT OF ARMS REACH.
                                New, you partially quoted the 12026.1 exemption, and then you added a sentance that does not exist. Where are you getting this misinformation?

                                Please go here: http://www.leginfo.ca.gov/calaw.html, and check "Penal Code", and search for 12026.1, then read.

                                Here's the full text of 12026.1:

                                12026.1. (a) Section 12025 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 within the excepted
                                classes prescribed by Section 12021 or 12021.1 of this code or
                                Section 8100 or 8103 of the Welfare and Institutions Code, 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 other than
                                the utility or glove compartment.
                                (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 this chapter.
                                (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.

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