Avoid Kalifornia?

Jeff Thomas:
re: "If I have my handgun unloaded, and in a locked safe on the floor behind my driver's seat, is it legal to have a loaded magazine in my console? I just bought a great Mossberg safe, so I can store my firearm with a bit more security for those few times when I just can't take it with me."

I just finished reading book called "How to Own a Gun (in CA) and Stay out of Jail". Very good. There is a section called "Locked container in a motor vehicle". The author, an attorney, says that if the gun is a) unloaded, and b) locked in the trunk or in a locked container other than the utility or glove compartment, and c) the ammunition/clip is not in the same container, you are OK. He gives an example of a workaround, but doesn't exactly go so far as to suggest it: you could have the gun in a locked briefcase, with the mag on the seat in plain sight next to it.

A cop friend suggested this: a briefcase with a dial combination lock can hold the gun on the seat while driving. You could go so far as to keep the case unlocked, and if stopped easily reach over without looking and spin the dial, locking the case. I am not sure if it would be ok to have the mag on you, in plain view.The ammunition can't be attached to the gun, or in the same case....seems ok to wear it.

The CA penal code he cites is 12026.1, which you can look up on the CA DOJ website.

PS: how do you like the Mossberg safe? It looks nice in the ads i've seen. Is yours bolted to the car?
 
Jeff...

Covert Mission is correct: ammo and gun must be separated. However, there is a large amount of latitude given to cops, the intent of law being that the gun can not be made ready for firing "conveniently".

Thus, I would not have the loaded mag in plain view if stopped, especially if you could easily reach the gun in the safe (position-wise)

------------------
"Quis custodiet ipsos custodes"
 
Thanks for the tips. I'll check the reference.

The Mossberg safe I bought can be seen here:
http://www.mossberg.com/safe.htm . It is a bit shorter than the Mini-Vault, but a bit wider and maybe a little longer. The shortness helped in my application. Helps keep it out of the way for my backseat passengers.

A bit pricey at $229, but otherwise the right combination of features. I had it installed in front of my Rover's rear seat, on an angled bit of floorboard - maybe 60 degrees from horizontal. They used high grade bolts. Sitting in the driver's seat I can turn to my right, reach back and down, and flop the floormat off, punch in the code and grab the firearm. If the mag is in the console I can quickly load. Probably takes 5 seconds or so. In AZ I can just keep the firearm loaded in the console (with a CCW permit). CA is the problem.

For the anti-self defense folks that sometimes lurk on this board, you should understand that this 5 seconds is very valuable to me. You see, this way when I drive past a liquor store, the urge to knock it over passes before I can reach my pistol.
wink.gif


Note also that the Mossberg safe has a removable floorplate. When the safe door is open, I can push a button and disengage it from the floorplate - the safe can then be carried into the house, office, etc. I was concerned that this made it easier to steal, but Mossberg claimed in an email that their testing indicates the safe clamps more tightly on the floorplate if you attempt to remove it with something like a crowbar. I hope they're right. Still ... I make sure it is as covered up as possible with floormat and whatever else is available when I leave the car. And, I leave the firearm in the safe as little as possible, and always without any mags and without a round in the chamber. If it is stolen they'll have to purchase a mag before it can be used efficiently. And, that's after they find a way to break into the safe.

If I can't carry a loaded mag, then I'm in deep doo if I need to defend myself and my family. Like I said, I'll follow up on the references and suggestions. Thanks.

[This message has been edited by Jeff Thomas (edited June 19, 1999).]
 
Hey Mossy,

I lived in CA for years. I might have had a loaded gun in my car for all of those years and I might have never been searched in all of that time. Can't say for sure, but....

Just make sure if you DO decide to do your own thing that your insurance papers/registration are seperate from any firearms. If you open your glove box during a stop they DO watch your hands to see waht comes out and what else might be in there.

James
 
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