Trigger Locks Mandatory?

[dihappy]

I was looking at a gun at a pawn shop and was told that i would have to provide or purchase from them a trigger lock before they could sell me a gun.

The guy stated some Brady law.

Is this true? When i purchsed my Kimber from Cabelas, it did not come with a trigger lock, however it did come with a cable style slide lock.

Can anyone give me some info on this?

[Mike1951]

I found the following article that states that the Bush signed the mandatory trigger locks as part of the bill to protect gun makers.

The article is about the House voting to repeal the requirement.

http://www.cnsnews.com/ViewNation.asp?P ... 0630b.html

I haven't found where the Senate voted or when the issue passed.

But I know of no current law requiring the sale to include a trigger lock.

The gun manufacturers have been including them for so long, that I have a large box of them, unused.

If you need to prove something to the dealer, I can keep looking.

Others will chime in with better input.

[Xander]

I was looking at a gun at a pawn shop and was told that i would have to provide or purchase from them a trigger lock before they could sell me a gun.

The guy stated some Brady law.

Is this true? When i purchsed my Kimber from Cabelas, it did not come with a trigger lock, however it did come with a cable style slide lock.

Can anyone give me some info on this?

The law actually simply makes it illegal for them to sell you a handgun without including "secure gun storage or (a) safety device" as well. (USC T.18 Ch. 44 §922(z)(1))

The definition of “secure gun storage or safety device� can be found in USC T.18 Ch. 44 §921(a)(34) and includes a wide range of devices.

(34) The term “secure gun storage or safety device� means—
(A) a device that, when installed on a firearm, is designed to prevent the firearm from being operated without first deactivating the device;
(B) a device incorporated into the design of the firearm that is designed to prevent the operation of the firearm by anyone not having access to the device; or
(C) a safe, gun safe, gun case, lock box, or other device that is designed to be or can be used to store a firearm and that is designed to be unlocked only by means of a key, a combination, or other similar means.

[seamusTX]

Public Law 109–92, passed by Congress and signed by the President in 2005, requires all handgun sales by FFLs to include a "secure gun storage or safety device."

The term “secure gun storage or safety device� means—
(A) a device that, when installed on a firearm, is designed to prevent the firearm from being operated without first deactivating the device;
(B) a device incorporated into the design of the firearm that is designed to prevent the operation of the firearm by anyone not having access to the device; or
(C) a safe, gun safe, gun case, lock box, or other device that is designed to be or can be used to store a firearm and that is designed to be unlocked only by means of a key, a combination, or other similar means.

The relevant law is 18 USC 922(z).

This law relieved firearms manufacturers and dealers from liability for criminal acts committed with weapons that were sold through legal channels. On the whole, it did more good than harm. It was endorsed by the NRA.

- Jim

[bpet]

Sounds to me like you ought to be able to take them a cable or trigger lock that you already have, give it to them to provide with the firearm that you purchase. Meets the law as I understand it and keeps you from having to pay them $5 for their trigger lock.

Edited:
Sorry, I'm trying to read and watch the Cowboys loose. Didn't understand the gist of your post until I re-read. I think you were focusing on the issue of mandatory locks (as your teaser says) and not on the fact that the clerk was trying to sell you a lock. My bad!

[dihappy]

Thanks guys!

So, if i can show them the wording (is there a website someone can link?) of the code/law i should be able to take my kimber slide lock, any lockable case, or even a trigger lock correct?

[KBCraig]

The shoddy little trigger locks most dealers include are less than a buck apiece in bulk. For them to try to make you pay extra for one is plain old profiteering.

[KBCraig]

So, if i can show them the wording (is there a website someone can link?) of the code/law i should be able to take my kimber slide lock, any lockable case, or even a trigger lock correct?

I don't think the case is sufficient. The law mandates that it has to deactivate the gun itself, not just secure it.

[Mike1951]

I can recall at least two used handguns that I've bought in the last year from one of the high end dealers in Houston.

Neither came with a lock of any kind.

I'm used to getting them with new guns, but can't remember getting one with a used gun.

[seamusTX]

So, if i can show them the wording (is there a website someone can link?) of the code/law i should be able to take my kimber slide lock, any lockable case, or even a trigger lock correct?

Here you go:
http://bulk.resource.org/gpo.gov/laws/1 ... 92.109.txt

You have to dig for the relevant portions.

- Jim

[DoubleJ]

I'm surprised it wouldn't just come with a lock of some sort!
CashAmerica makes a big deal out of "We GIVE you a trigger lock" but they don't ever say "it's the law"
ah, well.

[dihappy]

The shoddy little trigger locks most dealers include are less than a buck apiece in bulk. For them to try to make you pay extra for one is plain old profiteering.

I agree, he quoted me $5 for one

[dihappy]

So, if i can show them the wording (is there a website someone can link?) of the code/law i should be able to take my kimber slide lock, any lockable case, or even a trigger lock correct?

I don't think the case is sufficient. The law mandates that it has to deactivate the gun itself, not just secure it.

But the law, or what has been posted, says "or"

[dihappy]

Thanks all, here is what i found:

SEC. 5. Child Safety Lock Act of 2005. 18 USC 921 note.
CHILD SAFETY LOCKS.

(a) Short Title.--This section may be cited as the ``Child Safety
Lock Act of 2005''.
(b) <<NOTE: 18 USC 922 note.>> Purposes.--The purposes of this
section are--
(1) to promote the safe storage and use of handguns by
consumers;
(2) to prevent unauthorized persons from gaining access to
or use of a handgun, including children who may not be in
possession of a handgun; and
(3) to avoid hindering industry from supplying firearms to
law abiding citizens for all lawful purposes, including hunting,
self-defense, collecting, and competitive or recreational
shooting.

(c) Firearms Safety.--
(1) Mandatory transfer of secure gun storage or safety
device.--Section 922 of title 18, United States Code, is amended
by inserting at the end the following:

``(z) Secure Gun Storage or Safety Device.--
``(1) In general.--Except as provided under paragraph (2),
it shall be unlawful for any licensed importer, licensed
manufacturer, or licensed dealer to sell, deliver, or transfer
any handgun to any person other than any person licensed under
this chapter, unless the transferee is provided with a secure
gun storage or safety device (as defined in section 921(a)(34))
for that handgun.

And:

TITLE 18 > PART I > CHAPTER 44 > § 921

§ 921. Definitions
(a)(34) The term “secure gun storage or safety device� means—

(A) a device that, when installed on a firearm, is designed to prevent the firearm from being operated without first deactivating the device;
(B) a device incorporated into the design of the firearm that is designed to prevent the operation of the firearm by anyone not having access to the device; or
(C) a safe, gun safe, gun case, lock box, or other device that is designed to be or can be used to store a firearm and that is designed to be unlocked only by means of a key, a combination, or other similar means.

This would explain why many of us have purchased new weapons from reputable dealers WITHOUT a trigger lock.

I will say that my Kimber was purchasead in a plastic case (not locked), and with a cable slide lock (not on the weapon).

US code only states that the "safety device" is to be "provided" doesnt say it had to be installed. Strange that the Brady people would let that slip by.

[Xander]

US code only states that the "safety device" is to be "provided" doesnt say it had to be installed. Strange that the Brady people would let that slip by.

What would having it installed on the gun when you're in the gunstore making the purchase do to enhance child safety?