Renting space from a prohibited person.

[mossy590]

If a person rented space, say a separate building from the main residence (mother in law cottage) but on property owned by a prohibited person in California, would they be able to keep firearms in that space, provided that the property owner doesnt have access to that space? Keyed locks and combo safes and locked storage cabinets, etc.?

I searched here and I only came up with the opposite situation, prohibited persons renting/living with a gun owner in the gun owners residence.

[jeff.i.thomas]

I'm NOT an attorney.

It seems to me if the mother-in-law suite contains a separate entrance and lock it would be no different than a rental suite. Especially if you have a safe and the prohibited person doesn't have access to your firearms.

Because as the owner they'll likely have a key to the suite a safe may be necessary.

That being said, I'd probably look for a different place to live if possible (not knowing your circumstances of course).

Sent from my SM-N976V using Tapatalk

[R Dale]

I Would think it would be no different than renting a apt or duplex with the owner or manager being a prohibited person living on site. It would seem that for the prohibited person to get in trouble it would have to be proven that they knew their tenets had firearms that were accessible to them, because it would not be unreasonable for the manager to have keys to all units but that does not mean they knew about the firearms and had excess to them.

[Chewy65]

As long as the prohibited person does not have access there is no problem. The issue is what amounts to "access". I am not convinced, but most Calgunners believe, that as long as the firearms AND ammunition are kept in a locked room, better yet a safe, to which they do not have a key or combination you are fine. My concern is that given enough time most safes can be opened or cut into.

By Edit: My concern that given time and desire most safes can be broken into is of no consequence in light of Quiet's post #7 below.

[edgerly779]

You can have a prohibited roommate/ family member in same house as long as they have no access.

[Spaffo]

I agree. It's the same as any other rental residence. Your landlord's prohibited status shouldn't matter, as long as he doesn't have ingress.

[Quiet]

Applicable CA laws...

Penal Code 25135
(a) A person who is 18 years of age or older, and who is the owner, lessee, renter, or other legal occupant of a residence, who owns a firearm and who knows or has reason to know that another person also residing therein is prohibited by state or federal law from possessing, receiving, owning, or purchasing a firearm shall not keep in that residence any firearm that he or she owns unless one of the following applies:
(1) The firearm is maintained within a locked container.
(2) The firearm is disabled by a firearm safety device.
(3) The firearm is maintained within a locked gun safe.
(4) The firearm is maintained within a locked trunk.
(5) The firearm is locked with a locking device as described in Section 16860, which has rendered the firearm inoperable.
(6) The firearm is carried on the person or within close enough proximity thereto that the individual can readily retrieve and use the firearm as if carried on the person.
(b) A violation of this section is a misdemeanor.
(c) The provisions of this section are cumulative, and do not restrict the application of any other law. However, an act or omission punishable in different ways by different provisions of law shall not be punished under more than one provision.

[9Cal_OC]

Right on the nose ^^. Good info Quiet!

[mossy590]

Right on, thanks everybody....and thank you, Quiet.