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Quick Question about California Firearm Storage Laws within the home and RAW's

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  • ja1900
    Junior Member
    • Jul 2018
    • 1

    Quick Question about California Firearm Storage Laws within the home and RAW's

    I see a lot of conflicting claims posted about storage requirements within the house/apartment/residence (not in a car or transporting) in California, but little in the penal code.

    Penal Code 25100 and 25105 regulate what happens if a child that the gun owner had reasonable expectation could access the loaded firearm, does so. Besides this, I can find no actual penal code citation or legislation that requires firearms to be stored in a certain way. While certainly advisable to store safely and securely, it seems there is no law requiring a safe or a locked container. Is this true, or have I overlooked something? Is this still the case for registered assault weapons? I see none and can find no record of such a law or penal code section.

    Sorry for having to ask, California gun laws are so numerous its not tough to overlook one
  • #2
    ARDude
    Veteran Member
    • May 2006
    • 2723

    The only thing I know of is, a RAW can not be accessible to any other person, unless you are present. It is wise to have a safe or locking cabinet, that only you have access to.
    Real-life Girls

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    • #3
      Quiet
      retired Goon
      • Mar 2007
      • 30241

      If someone other than the registered owner can access the RAW and take possession of it, then it would violate PC 30600(a) and PC 30605(a).

      The registered owner would be in violation for transferring possession to a non-registered owner. [PC 30600(a)]

      The non-registered owner would be in violation for possessing the RAW. [PC 30605(a)]

      The only exemption to this is if the registered owner is present the entire duration a non-registered owner is possessing the RAW, which can only be legally done at an authorized location. [PC 30660]



      Penal Code 30600
      (a) Any person who, within this state, manufactures or causes to be manufactured, distributes, transports, or imports into the state, keeps for sale, or offers or exposes for sale, or who gives or lends any assault weapon or any .50 BMG rifle, except as provided by this chapter, is guilty of a felony, and upon conviction shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 for four, six, or eight years.

      Penal Code 30605
      (a) Any person who, within this state, possesses any assault weapon, except as provided in this chapter, shall be punished by imprisonment in a county jail for a period not exceeding one year, or by imprisonment pursuant to subdivision (h) of Section 1170.

      Penal Code 30660
      (a) Section 30600 shall not apply to a person who lawfully possesses and has registered an assault weapon or .50 BMG rifle pursuant to this chapter who lends that assault weapon or .50 BMG rifle to another person, if all the following requirements are satisfied:
      (1) The person to whom the assault weapon or .50 BMG rifle is lent is 18 years of age or over and is not prohibited by state or federal law from possessing, receiving, owning, or purchasing a firearm.
      (2) The person to whom the assault weapon or .50 BMG rifle is lent remains in the presence of the registered possessor of the assault weapon or .50 BMG rifle.
      (3) The assault weapon or .50 BMG rifle is possessed at any of the following locations:
      (A) While on a target range that holds a regulatory or business license for the purpose of practicing shooting at that target range.
      (B) While on the premises of a target range of a public or private club or organization organized for the purpose of practicing shooting at targets.
      (C) While attending any exhibition, display, or educational project that is about firearms and that is sponsored by, conducted under the auspices of, or approved by a law enforcement agency or a nationally or state recognized entity that fosters proficiency in, or promotes education about, firearms.
      (b) Section 30600 shall not apply to the return of an assault weapon or .50 BMG rifle to the registered possessor, or the lawful possessor, which is lent by that registered or lawful possessor pursuant to subdivision (a).
      (c) Sections 30605 and 30610 shall not apply to the possession of an assault weapon or .50 BMG rifle by a person to whom an assault weapon or .50 BMG rifle is lent pursuant to subdivision (a).
      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).

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