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If you or a loved on has questions regarding how to safely store a firearm and stay whithin the bounds of the law.  This article will answer some of your questions for you.  As an Attorney with almost two decades of experience I can help you if you have questions or problems with local gun laws.  The gun laws are now very difficult even for Attorneys or Firearms experts to follow.  So this is an area of law that you may have questions about give us a call 559 441-1418. 

 

WHAT ARE THE ATTORNEY GENERAL OPINIONS AND HOW DO THEY AFFECT GUN STORING AND SAFETY?

 

Attorney General opinions are not law rather they give legal opinions to local law enforcement as to how they should handle certain legal positions.

 

WHAT IS THE ATTORNEY GENERALS POSITION AS TO STORAGE OF A FIREAM?

The California Attorney Generals position on storage of a firearm, is that the safest way to store a gun is with a state- approved firearm safety device and keeping the gun in a locked container.  And store the gun unloaded and ammunition in a different locations.  

 

PENAL CODE SECTION 25100

California gun laws further require gun owners to store the gun unloaded and in an area that is both not accesible to children or people that are prohibited from owning or possesion guns within the state of california. 

violation of this statute is a Misdemeanor in the state of California and can result in a year in county jail and the penalties can be more severe if the gun causes injury or death.  

 

HOW CAN I LEGALLY TRANSPORT A GUN IN A  VEHICLE?

 

1. Unlocked 

2. locked in the trunk of the car or in a locked container within a vehicle

3. apparent and not concealed within the vehicle

 

If you have children within your house you must follow other guidelines.  Mostly it is out of control of the minor meaning it is in a locked container and in an area the child does not have access to the gun and the container is locked with a some kind of locking device, meaning a combination lock or a key lock.  One of the ways in whick law enforcement comes into contact with individuals violating these laws is if they are called to the home for a legitimate reason such as a domestic violence call.  Officers are usually able to enter a home without the permission of the owner of the home for a brief period to make a check on the welfare of individuals within the home.  At that time the officers often come into contact with firearms that are not properly stored.  At that tme they can make an arrest based upon what is in plain sight while they are in the home.  

You can also be pulled over during a traffic stop and some people may have a firearm in the vehicle that is not properly stored or is fully loaded.  Sometimes people are on there way to the gun range and do not properly store there gun when travelling to and from the gun range this could lead to a Misdemeanor charge and local county jail time.  Some people get in hurry and do not pay attention to the detail of the law.  

Nothing in this article is meant as legal advice any legal problem is individual and should be spoken with an Attorney as soon as possible.  Every case is different and as stated above the gun laws in the state of california are very confusing and can lead to you not knowing exactly what your legal rights are if you have question give us a call at 559 441-1418. 

 

 

 

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Gerald Schwab, Jr.

CRIMINAL DEFENSE ATTORNEY & DUI ATTORNEY SERVING ALL OF CALIFORNIA

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Law Office of Gerald Schwab, Jr.
Fresno Criminal Defense Attorney
5588 N Palm Ave,
Fresno, CA 93704
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