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Posted: 7/11/2001 11:59:12 PM EDT
I was wondering what the cali gun laws are on storing guns around kids. Could I just get a guncase with glass paneling so one of my kids could break in if need be? would I only have to lock it? Or do I need a full on gunsafe?
Link Posted: 7/12/2001 3:46:38 AM EDT
[#1]
That's a tough one. If the weapon is stored in a locked container or has a locking device such as a trigger lock, you are off the hook no matter what happens. If a "child" breaks into your house and steals your unlocked weapon and hurts someone, it appears you are off the hook. If your child gains access to an unlocked weapon and shoots someone in a lawful act of self defense or in the protection of another, you are off the hook. The problem is if your kids or someone elses kids (their friends) gain access to the weapon and someone is hurt, you will be liable if the weapon was not secured in a way "... a reasonable person would believe to be secure." That means a locked container, with a trigger lock, or some other "reasonable" means of storage. I don't know if storage in a locked room is reasonable, but one would think it is.

The primary issue is would you be liable if your kids or some other kids broke the glass on your cabinet, took the gun, and then hurt someone (including themselves)? I don't know.

You need to look at CA Penal Code 12035 and 12036. They are very similar, with 12036 being more concerned with handguns.
Link Posted: 7/12/2001 9:16:20 AM EDT
[#2]
A glass case to me, is a way to show off your collection. If you go that route, secure it to a wall or floor, and make sure there is a method of securing the firearms inside the case (cables through the trigger guards or a "boot for the stock to fit in and a device to secure the barrels to prevent lifting out of boot). Read the P.Code like Mattja says, but, the person to ask about legal advice on this issue would be an attorney in CA who knows firearms law, or your local DA, since that's who would be looking at your case if something happened.
Link Posted: 7/12/2001 9:26:27 AM EDT
[#3]
the only thing you are required to do is keep children (under 18) from gaining access to your guns. if you dont have kids in the house or coming over then its not much to worry about. and if you do have your own kids then education would be #1 before locks.

trigger locks, locking gun cases, i would think would be the bare minimum to keep yourself out of trouble should a child get your gun and injure someone.
a full on gun safe is the best thing (especially in cases of theft or fire) but its NOT required by state law

i would even think that a Locked display case would fill the bill, but one of those kids who shot up a school broke into his dads glass case to get a gun.

if you have a small closet in the house, put on a heavy solid door and a dead bolt, and use that for a gun safe.
Link Posted: 7/12/2001 9:29:29 AM EDT
[#4]
California laws suck [pissed]
Link Posted: 7/12/2001 10:08:23 AM EDT
[#5]
It's not as Draconian as some of you seem to think.

You can't be prosecuted unless ACTUAL HARM occurs.  Simply having a kid get his or her grubbies on your firearm is not a crime, unless you are doing an illegal transfer (gift, loan, or sale).

HTH
Link Posted: 7/12/2001 11:53:48 AM EDT
[#6]
This is actually for my brother. Who has a 13 year old who I would trust with a nuclear weapon. Any way thank you for your info.
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