New Trucks With Locking Gun Storage Lockers

March 2, 2011

Question:I have some questions about a new crew cab style pickup out this season that includes a pair of built-in locking storage lockers under the rear seats that can be used to store firearms. My questions are:

1.   Would dual storage lockers, separated by a divider that must be unlocked on both sides before it can be removed, satisfy the storage and transport requirements of California law, providing of course the gun is transported empty and the ammo is kept separately in the other compartment?

2.   In the case of long guns, if the two compartments are linked by pulling out the divider, would the owner then have to store ammo somewhere else? The only other locking storage compartment would be the glove compartment or maybe center console storage, but that is within reach of the driver. (Matt E., Sacramento)

Answer: A concealable firearm is defined as a pistol, revolver or firearm with a barrel less than 16 inches (Penal Code, section 12001 (a)). Concealable firearms are prohibited in a vehicle whether they are loaded or not (PC, section 12025 (a)(1)). However, concealable firearms may be carried in a motor vehicle provided they are locked in the vehicle’s trunk or in a locked container in the vehicle other than the utility or glove compartment (PC, section 12026.1 (a)(1)).  There are some exceptions to this.  For instance, when engaging in, going to or returning from a hunting or fishing expedition, licensed hunters and fishermen may lawfully carry an unloaded concealable firearm anywhere in their vehicle (PC, section12027 (g)).

According to DFG Lt. Scott Melvin, because these particular under-the-seat lockers are new, there is yet no case law that specifically addresses them. In the future, the court may interpret these lockers as falling outside the description of utility or glove compartments as described in PC, section12026.1 (a)(1), thus allowing people to carry handguns there. But until then, the new storage lockers should be considered utility or glove compartments.

As for carrying long guns in under-the-seat storage lockers, there is nothing prohibiting someone from carrying an unloaded rifle or shotgun with a barrel 16 inches or longer in their vehicle. If the magazine is not attached to the rifle (and there is not an unexpended cartridge in the firing chamber), the rifle is unloaded. It doesn’t matter how close the rifle and magazine are to each other.