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Moving to CA... Must the firearms be kept in a safe???

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  • Bachekermooni
    Junior Member
    • Apr 2014
    • 18

    Moving to CA... Must the firearms be kept in a safe???

    OK. The framing is about to be finished in my CA home (OC). Can I build a safe in there? I found the DOJ safe info. Is it easier if I bought and placed safe(s) there?

    Please help.

    Thanks.
    Last edited by Bachekermooni; 07-06-2014, 5:28 PM.
    Do it right the first time.

    My father one told me "Remember son, stupidity has no limits." I had no idea how true that was, until I ...
  • #2
    shalang
    Member
    • Jul 2012
    • 182

    Originally posted by Bachekermooni
    OK. The framing is about to be finished in my CA home (OC). Can I build a safe in there? I found the DOJ safe info. It speaks not of the sides of the safe only the locking mech. Is it easier if I bought and placed safe(s) there?

    Please help.

    Thanks.
    Firearms do not need to be kept in a safe. I reason this because when you purchase/PPT firearms, the clerk asks if you have a safe or not. If not, you simply buy a lock. But I'd say a safe is better if you can put it in your home.

    Comment

    • #3
      JoshuaS
      Senior Member
      • Nov 2012
      • 1617

      No requirement to have a safe. CA law requires a trigger lock, bought in the last thirty days, for every gun you buy, unless you have a safe (in which case you sign a piece of paper at the gunstore saying that you have a safe before walking out). Even if you have a safe, FEDERAL law requires it with handguns

      Recently they expanded the law about unsafe storage.

      It is not as strict as some think

      25100. (a) Except as provided in Section 25105, a person commits
      the crime of "criminal storage of a firearm in the first degree" if
      all of the following conditions are satisfied:
      (1) The person keeps any loaded firearm within any premises that
      are under the person's custody or control.
      (2) The person knows or reasonably should know that a child is
      likely to gain access to the firearm without the permission of the
      child's parent or legal guardian, or that a person prohibited from
      possessing a firearm or deadly weapon pursuant to state or federal
      law is likely to gain access to the firearm.
      (3) The child obtains access to the firearm and thereby causes
      death or great bodily injury to the child or any other person, or the
      person prohibited from possessing a firearm or deadly weapon
      pursuant to state or federal law obtains access to the firearm and
      thereby causes death or great bodily injury to himself or herself or
      any other person.


      (b) Except as provided in Section 25105, a person commits the
      crime of "criminal storage of a firearm in the second degree" if all
      of the following
      conditions are satisfied:
      (1) The person keeps any loaded firearm within any premises that
      are under the person's custody or control.
      (2) The person knows or reasonably should know that a child is
      likely to gain access to the firearm without the permission of the
      child's parent
      or legal guardian, or that a person prohibited from
      possessing a firearm or deadly weapon pursuant to state or federal
      law is likely to gain access to the firearm.
      (3) The child obtains access to the firearm and thereby causes
      injury, other than great bodily injury, to the child or any other
      person, or carries the firearm either to a public place or in
      violation of Section 417, or the person prohibited from possessing a
      firearm or deadly weapon pursuant to state or federal law obtains
      access to the firearm and thereby causes injury, other than great
      bodily injury, to himself or herself or any other person, or carries
      the firearm either to a public place or in violation of Section 417.


      The new part states


      (c) Except as provided in Section 25105, a person commits the
      crime of "criminal storage of a firearm in the third degree" if the
      person keeps any loaded firearm within any premises that are under
      the person's custody or control and negligently stores or leaves a
      loaded firearm in a location where the person knows, or reasonably
      should know, that a child is likely to gain access to the firearm
      without the permission of the child's parent or legal guardian,
      unless reasonable action is taken by the person to secure the firearm
      against access by the child.



      A safe or trigger lock would be reasonable action. Or the gun could just be unloaded!


      Also exceptions

      25105. Section 25100 does not apply whenever any of the following
      occurs:
      (a) The child obtains the firearm as a result of an illegal entry
      to any premises by any person.
      (b) The firearm is kept in a locked container or in a location
      that a reasonable person would believe to be secure.
      (c) 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.
      (d) The firearm is locked with a locking device, as defined in
      Section 16860, which has rendered the firearm inoperable.
      (e) The person is a peace officer or a member of the Armed Forces
      or the National Guard and the child obtains the firearm during, or
      incidental to, the performance of the person's duties.
      (f) The child obtains, or obtains and discharges, the firearm in a
      lawful act of self-defense or defense of another person.
      (g) The person who keeps a loaded firearm on premises that are
      under the person's custody or control has no reasonable expectation,
      based on objective facts and circumstances, that a child is likely to
      be present on the premises.



      Actually, this is less strict than the law in Texas. A safe is a good idea. But as long as you have no children or children over or keep them unloaded or keep it within your control (home carry is fine here)...you get the point

      Comment

      • #4
        Bachekermooni
        Junior Member
        • Apr 2014
        • 18

        So as long as the firearm is unloaded, all is well? Is there any provisions regarding the ammo? Being near the firearm?
        Do it right the first time.

        My father one told me "Remember son, stupidity has no limits." I had no idea how true that was, until I ...

        Comment

        • #5
          NytWolf
          Veteran Member
          • Feb 2010
          • 3935

          No provisions regarding ammo unless a felon can get to it.

          Regarding firearms, CA has a law that makes you liable if a child (person under 18) obtains the firearm and does anything with it. For this, you must have it locked if there is a chance a child may obtain it. Otherwise, there are no provisions about it being unloaded in your private residence.

          Comment

          • #6
            JoshuaS
            Senior Member
            • Nov 2012
            • 1617

            Originally posted by NytWolf
            No provisions regarding ammo unless a felon can get to it.

            Regarding firearms, CA has a law that makes you liable if a child (person under 18) obtains the firearm and does anything with it. For this, you must have it locked if there is a chance a child may obtain it. Otherwise, there are no provisions about it being unloaded in your private residence.
            Actually, as quot above, even that law specifies keeping a loaded firearm

            Comment

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