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Carry on Private Property.....?

Mahan0331

Regular Member
Joined
Dec 3, 2008
Messages
54
Location
Peoria / Prescott, AZ, ,
imported post

Im drivin' out to your fine state in Dec to see some of my War buds, and I wanted to get the scoop on carrying on private property (my buds house) - open or concealed. Can you even carry concealed on private property in CA? Do I need to follow that bogus "Unloaded" rule?

Here in AZ w/ my CCW I carry wherever I want however I want (although on private property the CCW doesn't matter)...and no one thinks twice about it - I just want to make sure I don't end up on the News for my "Bad" AZ habits.

Any tips would be appreciated.
 

Lomic

Regular Member
Joined
Jul 28, 2009
Messages
15
Location
San Jose, California, ,
imported post

While inside your friend's house or fenced backyard, you can LOC or LCC. Be careful if any children will be present as there are laws about firearm storage when children are present. I'm sure more detail on this can be provided if you think there might be children.

Unfortunately, California has case law which currently says frontyard/driveway are "public areas" even if they are private property and so certain things come into effect: If your friend lives within 1000 feet (as the crow flies) of any sort of school, you cannot carry in front of the house unless the firearm is unloaded in a locked, secure container. That's right - you can't even Unloaded Open Carry on your own front door step if you live within 1000 feet of a school.

If he doesn't live within 1000 feet of a school, your safest bet is UOC anytime you exit the front door of the house - and obviously be prepared to lock it away if you enter a school zone while traveling.
 

CA_Libertarian

State Researcher
Joined
Jul 18, 2007
Messages
2,586
Location
Stanislaus County, California, USA
imported post

Lomic got it right, mostly.

To clarify, 12025 (concealed carry ban) exempts private property, even unfenced front yards. HOWEVER, one member here is being maliciously prosecuted under another statute with an identical exemption. The DA is pushing the trial court to change the definition of "private property" to include only places where the public doesn't have access (e.g. behind locked doors/gates). So, for now I wouldn't rely on this exemption.

12031 (loaded carry restriction) does NOT have the same exemption. The courts have ruled that only "possession" is exempted, and that "possession" doesn't include "carrying" (see People v Overturf). And for the above stated reasons, even this "possession" exemption will go away if "private property" is redefined by the courts.

What I generally recommend for visitors to our state is to NOT open carry in public. There's simply too many laws where you can get jacked up pretty easily, and even if you're 100% within the law, you might get jacked up anyhow.

Instead, I recommend "Poor Man's CCW" (aka "LUCC" - Locked Unloaded Container Carry). This method of carrying involves an unloaded handgun carried within a locked, fully-enclosed secure container. Carrying unloaded is a must in any city, and in many places in rural areas. The locked secure container exempts you from both 12025 and 626.9 (our Gun-Free School Zone Act, which prohibits possession of a handgun within 1,000 feet of grade schools).

If you decide you really want to OC in CA, I suggest you spend a couple weeks browsing and reading up on the statutes and case law. There's a lot to know. A good place to start is http://www.californiaopencarry.org.
 

Mahan0331

Regular Member
Joined
Dec 3, 2008
Messages
54
Location
Peoria / Prescott, AZ, ,
imported post

wow wow wow.......so you can carry however you want on private property (inside or back yard)...but only unloaded?? How the hell is shit like this become law???

So now if I grease someone in self-defence while Im there...is that like a no questions asked Go To Jail?

Jesus man I don't know how you guys put up w/ shit like that....I don't think I could....
Anyway thx for the info - think it would be easier taking a goddamn sword or slingshot on my Cali trip!
 

mjones

Regular Member
Joined
Jul 15, 2008
Messages
974
Location
SoCal, , USA
imported post

Mahan0331 wrote:
wow wow wow.......so you can carry however you want on private property (inside or back yard)...but only unloaded?? How the hell is @#$% like this become law???

No, you got that wrong...on private property (inside or back yard) do whatever you please...

However, on private property, which is generally accessible to the public (unfenced front yard)act as if you are not on private property at all.
 

mjones

Regular Member
Joined
Jul 15, 2008
Messages
974
Location
SoCal, , USA
imported post

Mahan0331 wrote:
ok ok - got it. Thx guys!
not a problem...when you come visit CA, be sure to bring some extra AZ patriotism with you that you can sprinkle on the ground in the hope that it grows!
 

Bull Frog

Regular Member
Joined
Jul 29, 2009
Messages
217
Location
Sunnyvale, California, USA
imported post

CA_Libertarian wrote:
Lomic got it right, mostly.

To clarify, 12025 (concealed carry ban) exempts private property, even unfenced front yards. HOWEVER, one member here is being maliciously prosecuted under another statute with an identical exemption. The DA is pushing the trial court to change the definition of "private property" to include only places where the public doesn't have access (e.g. behind locked doors/gates). So, for now I wouldn't rely on this exemption.

12031 (loaded carry restriction) does NOT have the same exemption. The courts have ruled that only "possession" is exempted, and that "possession" doesn't include "carrying" (see People v Overturf). And for the above stated reasons, even this "possession" exemption will go away if "private property" is redefined by the courts.

What I generally recommend for visitors to our state is to NOT open carry in public. There's simply too many laws where you can get jacked up pretty easily, and even if you're 100% within the law, you might get jacked up anyhow.

Instead, I recommend "Poor Man's CCW" (aka "LUCC" - Locked Unloaded Container Carry). This method of carrying involves an unloaded handgun carried within a locked, fully-enclosed secure container. Carrying unloaded is a must in any city, and in many places in rural areas. The locked secure container exempts you from both 12025 and 626.9 (our Gun-Free School Zone Act, which prohibits possession of a handgun within 1,000 feet of grade schools).

If you decide you really want to OC in CA, I suggest you spend a couple weeks browsing and reading up on the statutes and case law. There's a lot to know. A good place to start is http://www.californiaopencarry.org.

Good advise, and thank you for keeping up with the ridiculous gun laws in the Golden State. I still shy from unloaded open carry ... guess I am a weenie; I still do not trust any local authority in California - too many local training budgets suffer due to the current economy, so training suffers.

The last thing I need is some urban cowboy pointing a gun at me, even if he/she is a LEO.

Are all California LEOs trained regarding our right to carry unloaded weapons? More importantly, are they ready to recognize the fact that citizens* have the right to carry loaded weapons?

* It is up to you, citizen, to define who has the right to arm themselves and protect others.

:banghead:
 
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