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Would this constitute being "attached" to the vehicle?

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  • TechD
    Junior Member
    • Apr 2018
    • 27

    Would this constitute being "attached" to the vehicle?

    because the container is attached to the vehicle, it could be construed as a "utility compartment", which is illegal to use to transport a handgun in California.
    Would this constitute being "attached" to the vehicle?
    (The bed is securely fastened to the floor of the van).

    I designed this in the hope it would reduce the chances of being stollen from the vehicle, comply with the locked case law, and eliminate the possibility that the ammo could slide around in the cargo area of my van, and wind up within reach of the driver's seat.

    I also thought it was just a cool idea.

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  • #2
    XDJYo
    Calguns Addict
    • Apr 2012
    • 6142

    It has nothing to do with being within reach of the driver's seat. It has everything to do with being in a locked container. If you put a lock on that ammo can, it could be in the passenger seat.
    Les Baer 1911: Premier II w/1.5" Guarantee, Blued, No FCS, Combat Rear, F/O Front, Checkered MSH & SA Professional Double Diamond Grips
    Springfield Armory XD-45 4" Service Model
    Springfield Armory XD9 4" Service Model (wifes).
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    • #3
      Quiet
      retired Goon
      • Mar 2007
      • 30239

      Originally posted by TechD
      because the container is attached to the vehicle, it could be construed as a "utility compartment", which is illegal to use to transport a handgun in California.
      ...
      I designed this in the hope it would reduce the chances of being stollen from the vehicle, comply with the locked case law, and eliminate the possibility that the ammo could slide around in the cargo area of my van, and wind up within reach of the driver's seat.
      Where did you get that quote?

      CA laws concerning handguns in vehicles have changed, effective 01-01-2018.

      A locked container that is affixed to a vehicle's interior and concealed from plain view, is CA legal.


      Penal Code 25140
      (a) Except as otherwise provided in subdivision (b), a person shall, when leaving a handgun in an unattended vehicle, lock the handgun in the vehicle’s trunk, lock the handgun in a locked container and place the container out of plain view, or lock the handgun in a locked container that is permanently affixed to the vehicle’s interior and not in plain view.
      (b) A peace officer, when leaving a handgun in an unattended vehicle not equipped with a trunk, may, if unable to otherwise comply with subdivision (a), lock the handgun out of plain view within the center utility console of that motor vehicle with a padlock, keylock, combination lock, or other similar locking device.
      (c) A violation of subdivision (a) is an infraction punishable by a fine not exceeding one thousand dollars ($1,000).
      (d)(1) As used in this section, the following definitions shall apply:
      (A) “Locked container” means a secure container that is fully enclosed and locked by a padlock, keylock, combination lock, or similar locking device. The term “locked container” does not include the utility or glove compartment of a motor vehicle.
      (B) “Peace officer” means a sworn officer described in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, or a sworn federal law enforcement officer, who is authorized to carry a firearm in the course and scope of that officer’s duties, while that officer is on duty or off duty.
      (C) “Trunk” means the fully enclosed and locked main storage or luggage compartment of a vehicle that is not accessible from the passenger compartment. A trunk does not include the rear of a hatchback, station wagon, or sport utility vehicle, any compartment which has a window, or a toolbox or utility box attached to the bed of a pickup truck.
      (D) “Vehicle” has the same meaning as specified in Section 670 of the Vehicle Code.
      (2) For purposes of this section, a vehicle is unattended when a person who is lawfully carrying or transporting a handgun in a vehicle is not within close enough proximity to the vehicle to reasonably prevent unauthorized access to the vehicle or its contents.
      (3) For purposes of this section, plain view includes any area of the vehicle that is visible by peering through the windows of the vehicle, including windows that are tinted, with or without illumination.
      (e) This section does not apply to a peace officer during circumstances requiring immediate aid or action that are within the course of his or her official duties.
      (f) This section does not supersede any local ordinance that regulates the storage of handguns in unattended vehicles if the ordinance was in effect before September 26, 2016.
      sigpic

      "If someone has a gun and is trying to kill you, it would be reasonable to shoot back with your own gun." - Dalai Lama (Seattle Times, 05-15-2001).

      Comment

      • #4
        broadside
        Senior Member
        • Nov 2016
        • 1475

        Originally posted by Quiet
        Where did you get that quote?

        CA laws concerning handguns in vehicles have changed, effective 01-01-2018.

        A locked container that is affixed to a vehicle's interior and concealed from plain view, is CA legal.


        Penal Code 25140
        (A) “Locked container” means a secure container that is fully enclosed and locked by a padlock, keylock, combination lock, or similar locking device. The term “locked container” does not include the utility or glove compartment of a motor vehicle.
        He is worried about that part. There is no definition of utility compartment (that I have seen)

        In fact, I often have similar concerns about the Console Vault product. But my argument is that it is a locked container secured to the vehicle independent of the center console, just meeting the "out of plain sight" clause via the center console.

        Comment

        • #5
          Quiet
          retired Goon
          • Mar 2007
          • 30239

          Originally posted by broadside
          He is worried about that part. There is no definition of utility compartment (that I have seen)

          In fact, I often have similar concerns about the Console Vault product. But my argument is that it is a locked container secured to the vehicle independent of the center console, just meeting the "out of plain sight" clause via the center console.
          A locked container inside a utilize compartment would be CA legal.
          sigpic

          "If someone has a gun and is trying to kill you, it would be reasonable to shoot back with your own gun." - Dalai Lama (Seattle Times, 05-15-2001).

          Comment

          • #6
            P5Ret
            Calguns Addict
            • Oct 2010
            • 6315

            I have never seen a legal opinion that makes a lock box or anything else after market attached to a vehicle become a "utility compartment".

            Comment

            • #7
              Driftwood
              Member
              • Aug 2012
              • 252

              What is a utility compartment? F350 has a locking glove box and three other locking boxes that it cam with form the factory.

              Comment

              • #8
                TruOil
                Senior Member
                • Jul 2017
                • 1921

                My understanding is that "utility container" is generally understood as the compartment between the front passenger seats that have become "de rigueur" in modern vehicles.

                Comment

                • #9
                  Librarian
                  Admin and Poltergeist
                  CGN Contributor - Lifetime
                  • Oct 2005
                  • 44624

                  Originally posted by TruOil
                  My understanding is that "utility container" is generally understood as the compartment between the front passenger seats that have become "de rigueur" in modern vehicles.
                  There's no legal definition nor any appeals court proceeding to offer any guidance. That is, nobody knows for sure what
                  Penal Code 25140
                  (A) “Locked container” means a secure container that is fully enclosed and locked by a padlock, keylock, combination lock, or similar locking device.

                  The term “locked container” does not include the utility or glove compartment of a motor vehicle.
                  'utility or glove compartment' means.
                  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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