What is lawful gun storage?
A safety device is properly engaged if it renders the firearm, rifle, or shotgun inoperable by any person other than the owner or other lawfully authorized user.
Moreover, to qualify as a securely locked container, the container must unlock. Examples of securely locked containers can include safes, firearm/rifle/shotgun boxes, locked cabinets, gun cases, and lock boxes.
A locked storage container includes:
- All the circumstances presented by the evidence, including the nature of the locking mechanism
- Whether the container was itself within a place, a compartment, or a container locked and alarmed
- Whether under all the circumstances the container is secure
A weapons not stored or kept under the control of the owner qualifies. “Carried” requires actual physical possession of the firearm. “Under the control” requires that a person is sufficiently nearby the firearm to prevent immediate unauthorized use.
Are there any weapons where these rules do not apply?
The statute forbidding improper storage of a firearm does NOT apply to any firearm prior to the year 1899. This also does not apply to any replica of such a firearm.
IF YOU OR A LOVED ONE HAVE BEEN CHARGED WITH IMPROPER STORAGE OF A FIREARM, AND YOU NEED AN EXPERIENCED CRIMINAL DEFENSE LAWYER WORKING ON YOUR SIDE TO PROTECT YOUR RIGHTS, PLEASE CONTACT CRIMINAL DEFENSE ATTORNEY WILLIAM J. BARABINO.
CALL 781-393-5900 TO LEARN MORE ABOUT YOUR AVAILABLE DEFENSES.
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