Legal Question in Criminal Law in California

Pertaining to cal pen code 25100 subsection c language using "permission".

If I as a parent give open permission to my child(ren) to access a loaded firearm(s) in my home, and I Store said firearm within access of my child who has permission to access it at any time, am I in violation of 25100 subsection c?

If possible I would like to hear if there is any disagreement among lawyers as to this answer as it is of great debate on whether or not you can store a loaded firearm unlocked if your child has your permission to access it at their leisure.


Asked on 10/18/17, 6:31 pm

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

That section applies if the 'child' can access the firearm. 'Child' is anyone under 18 for this purpose. Obviously this is violated if you give the 'child' permission, and he can get to it. The point of the 'safe storage' law is to prevent 'children' from getting to a gun stored in the home, with or without your permission. There is no disagreement on the intent of the law.

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Answered on 10/19/17, 7:27 am


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