Locked Container
Canyon Hills 92532
This is
intended as a guide on laws related to the listed
subjects. Search the internet in more detail to find
the latest information. Hope this limited
information is helpful.
Locked Container
Penal Code Section 12026.1 defines a locked
container as "a secure container which is fully enclosed
and locked by a padlock, key lock, combination lock, or
similar locking device." The term "locked container"
does not include the utility or glove compartment of a
motor vehicle. As "utility" is not defined in the Penal
Code, a handgun should not be transported in the center
console (even if locked) nor in the storage area present
behind the rear seat in most "hatchback" type
automobiles.
Due to the uncertainty in current California
law, it is inadvisable to use the various storage
compartments found in sport utility vehicles. If you
drive a pickup truck, a locked cross-bed tool box bolted
to the bed behind the cab is a "gray" area and a court
may find that it is not a "locked container" under the
law. While most of us would consider a cross-bed tool
box to be the functional equivalent of a vehicle's
trunk, remember that while the Penal Code does provide
an exception for vehicle trunks, it specifically
prohibits the use of, and does not define, a "utility"
compartment.
If your vehicle doesn't have a trunk, put your unloaded handgun in a locking hard case. Locking hard cases for handguns are available at reasonable cost and when used correctly (i.e., when the handgun is unloaded and the case is locked) are the best method to ensure compliance with California law. Even if your vehicle does have a trunk, the use of a locked hard case is still recommended.
Firearms Near
Schools.
State Law prohibits the possession of a firearm within 1000 feet of a school, grades K-12. The following exceptions apply:
1. you have written permission of school authorities
2. the otherwise lawful possession of a firearm in a residence, place of business, or on private property providing such places are not part of a school's grounds.
3. the firearm is unloaded and is being transported in a motor vehicle in compliance with state laws governing the transportation of firearms in motor vehicles.
4. when the person possessing the firearm reasonably believes that he or she is in grave danger because of circumstances forming the basis of a current restraining order issued by a court against another person or persons who has or have been found to pose a threat to his or her life or safety.
5. when lawfully shooting on private property for such purposes as hunting or target shooting
6. law enfocement, the military, persons who lawfully possess firearms in the course of their employment, and people who hold a permit to carry a concealed weapon (CCW)
A violation of this law can be prosecuted as either a misdemeanor or a felony. The intent is to allow felony conviction of persons engaged in criminal activities, such as drug dealers, and misdemeanor convictions of persons guilty of less serious offenses.
For more information see the Gun Free School Zone Act of 1995, Penal Code Section 626.9
from The
Firing Line,California Rifle and Pistol Assn, Nov 2010