Well, hell - the gun was "in use", was it not?
"In use" being available for use.
:)
The moment he intended to use it (always) it is “in use”.
"911.... What's your emergencey?"
"Help me! A pit bull has my right arm in his mouth and won't let go! I can't use my hand to open the safe where I am required to keep my hand gun! Help!"
"OK sir, just relax. Do you know the dog? Officers are on their way. Where did you say you lived? Sir! Sir! Can you hear me?"
I never got the gun storage laws, as they seem to reduce the efficacy of firearms in most folks’ homes by at least 50% right off the bat.