Law Locking a handgun in an across-the-bed mounted tool box with a key lock- legal?

[NorCalBusa]

Getting conflicting notions on this. Anyone know the deal for 2026? Please post the law (what code & section) covering it.

 

[H. Bowman]

Why would it be illegal? It's a locked container.

 

[1911-CV]

Look at PC 25140 (d).(1).(B)
Penal Code

 

[NorCalBusa]

Look at PC 25140 (d).(1).(B)
Penal Code

Perfecto- thanks.

Here's the text:

Penal Code - PEN​

​

PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400]​

( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. )

TITLE 4. FIREARMS [23500 - 34400]​

( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. )

DIVISION 4. STORAGE OF FIREARMS [25000 - 25225]​

( Division 4 added by Stats. 2010, Ch. 711, Sec. 6. )

CHAPTER 2. Criminal Storage of Firearm [25100 - 25145]​

( Chapter 2 added by Stats. 2010, Ch. 711, Sec. 6. )

25140. ​

(a) Except as otherwise provided in subdivision (b), a person shall, when leaving a handgun in an unattended vehicle, lock the handgun in the vehicle’s trunk, lock the handgun in a locked container and place the container out of plain view, lock the handgun in a locked container that is permanently affixed to the vehicle’s interior and not in plain view, or lock the handgun in a locked toolbox or utility box.

(b) A peace officer, when leaving a handgun in an unattended vehicle not equipped with a trunk, may, if unable to otherwise comply with subdivision (a), lock the handgun out of plain view within the center utility console of that motor vehicle with a padlock, keylock, combination lock, or other similar locking device.

(c) A violation of subdivision (a) is an infraction punishable by a fine not exceeding one thousand dollars ($1,000).

(d) (1) As used in this section, the following definitions shall apply:

(A) “Locked container” means a secure container that is fully enclosed and locked by a padlock, keylock, combination lock, or similar locking device. The term “locked container” does not include the utility or glove compartment of a motor vehicle.

(B) “Locked toolbox or utility box” means a fully enclosed container that is permanently affixed to the bed of a pickup truck or vehicle that does not contain a trunk, and is locked by a padlock, keylock, combination lock, or other similar locking device.

(C) “Peace officer” means a sworn officer described in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, or a sworn federal law enforcement officer, who is authorized to carry a firearm in the course and scope of that officer’s duties, while that officer is on duty or off duty.

(D) “Trunk” means the fully enclosed and locked main storage or luggage compartment of a vehicle that is not accessible from the passenger compartment. A trunk does not include the rear of a hatchback, station wagon, or sport utility vehicle, any compartment which has a window, or a toolbox or utility box attached to the bed of a pickup truck.

(E) “Vehicle” has the same meaning as specified in Section 670 of the Vehicle Code.

(2) For purposes of this section, a vehicle is unattended when a person who is lawfully carrying or transporting a handgun in a vehicle is not within close enough proximity to the vehicle to reasonably prevent unauthorized access to the vehicle or its contents.

(3) For purposes of this section, plain view includes any area of the vehicle that is visible by peering through the windows of the vehicle, including windows that are tinted, with or without illumination.

(e) This section does not apply to a peace officer during circumstances requiring immediate aid or action that are within the course of his or her official duties.

(f) This section does not supersede any local ordinance that regulates the storage of handguns in unattended vehicles if the ordinance was in effect before September 26, 2016.

(Amended by Stats. 2018, Ch. 94, Sec. 1. (SB 1382) Effective January 1, 2019.)

 

[ZeroFoxGiven]

That is probably one of the better ways if this a quality box. Out of sight, the better.

 

[ZeroFoxGiven]

New question, if firearm secured in a bed lockbox, outside of occupant cab, would you be lawful/truthful in a traffic stop answering, “No officer, I have no firearms in the vehicle.”

 

[Deleted member 6005]

New question, if firearm secured in a bed lockbox, outside of occupant cab, would you be lawful/truthful in a traffic stop answering, “No officer, I have no firearms in the vehicle.”

Unless you have a CCW and your IA requires notification, why would you say anything?

 

[ZeroFoxGiven]

Unless you have a CCW and your IA requires notification, why would you say anything?

The assumption was, sorry for not stating it, is that in a traffic stop a lot of LEO ask the weapon question as routine.

 

[Deleted member 6005]

The assumption was, sorry for not stating it, is that in a traffic stop a lot of LEO ask the weapon question as routine.

I assumed your assumption. My response is still the same.

 

[ZeroFoxGiven]

Then your response makes zero sense. The OP was asking about “Transporting” guns in a pickup, but in the bed of the pickup in a bed mounted lockable tool box, etc.

IA and CCW do not apply.

So, my question again is, if you’re in a traffic stop, and a cop does the routine question, “Any weapons IN THE Vehicle,” are you truthfully/ lawfully able to answer “No” since no gun is inside the occupant cab of vehicle?

 

[Sirrom_911]

In my experience it really don't matter where the gun is locked up, without a CCW 99.9% they will take it. I accidentally parked my truck on private land. When the police showed up they tried to set me up by allowing me to drive away while intoxicated. I laughed at him. The sheriff even called CHP to try to get me for a DUI. CHP told the sheriff to kick rocks cuz he had zero probable cause for a DUI. He then proceeded to call the tow truck and started to search my truck. He took the keys and unlocked my toolbox in the bed of the truck and found my gun. They told me they were taking it for safekeeping and I can pick it up the following day. What lying sack of s they were. I ended up having to file a law enforcement release with the doj and took 30 days to get my gun back. They've been trying to get me with a trespassing charge which didn't stick cuz there was no fence or signs that says I couldn't park there.

 

[ZeroFoxGiven]

You were presumably under the influence, your truck was being inventoried before towing.

Dissimilar circumstances

 

[GoldensRule]

So, my question again is, if you’re in a traffic stop, and a cop does the routine question, “Any weapons IN THE Vehicle,” are you truthfully/ lawfully able to answer “No” since no gun is inside the occupant cab of vehicle?

California vehicle code (CVC) does not segregate portions of vehicles, cab, bed, etc. in the legal definition of a "vehicle".

If someone is foolish enough to converse with a police officer during a traffic stop beyond providing the legally required license, registration, and proof of insurance and if there are firearms anywhere in the vehicle, including in a locked toolbox and you are asked "are there any weapons in the vehicle" and you say "no" and there are in fact weapons anywhere in the vehicle, you can be arrested for providing false information to law enforcement while they are in the process of performing their duties, which CAN be a felony.

If the police ask you: "Are there any weapons in the cab of your truck" and you say "no" then you are telling the truth, however, I've never heard of a cop asking such closed ended questions when they are conducting a traffic stop. They are trained to ask open ended questions to trip you into incriminating yourself.

Keep your mouth shut.

 

[Deleted member 6005]

Then your response makes zero sense. The OP was asking about “Transporting” guns in a pickup, but in the bed of the pickup in a bed mounted lockable tool box, etc.

IA and CCW do not apply.

So, my question again is, if you’re in a traffic stop, and a cop does the routine question, “Any weapons IN THE Vehicle,” are you truthfully/ lawfully able to answer “No” since no gun is inside the occupant cab of vehicle?

My response makes perfect sense. Absent the requirement of an Issuing Authority why would you say anything? You are not required to say anything!

 

[cali_jazz]

As long as it is unloaded.