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Thread: Citation Needed: Carry in hotel rooms / Temporary Residences

  1. #1
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    Citation Needed: Carry in hotel rooms / Temporary Residences

    It has long been discussed that inside of one's hotel room or campsite one can have their firearm loaded, (and concealed too?,) but I was wondering if someone could point me to the law or case law that establishes this as legal. I did some searching, but couldn't seem to find it, and I figure someone probably has it on their fingertips already.

    Thanks.
    Last edited by Felid`Maximus; 08-20-2012 at 01:48 PM.

  2. #2
    Regular Member mjones's Avatar
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    Quote Originally Posted by Felid`Maximus View Post
    It has long been discussed that inside of one's hotel room or campsite one can have their firearm loaded, (and concealed too?,) but I was wondering if someone could point me to the law or case law that establishes this as legal. I did some searching, but couldn't seem to find it, and I figure someone probably has it on their fingertips already.

    Thanks.
    PC 25400 makes CCW generally illegal
    PC 26350 makes UOC generally illegal
    PC 25850 makes Loaded guns generally illegal in cities and 'prohibited areas of unincorporated areas'


    25605. (a) Section 25400 and Chapter 6 (commencing with Section
    26350) of Division 5 shall not apply to or affect any citizen of the
    United States or legal resident over the age of 18 years who resides
    or is temporarily within this state, and who is not within the
    excepted classes prescribed by Chapter 2 (commencing with Section
    29800) or Chapter 3 (commencing with Section 29900) of Division 9 of
    this title, or Section 8100 or 8103 of the Welfare and Institutions
    Code, who carries, either openly or concealed, anywhere within the
    citizen's or legal resident's place of residence, place of business,
    or on private property owned or lawfully possessed by the citizen or
    legal resident, any handgun.
    (b) No permit or license to purchase, own, possess, keep, or
    carry, either openly or concealed, shall be required of any citizen
    of the United States or legal resident over the age of 18 years who
    resides or is temporarily within this state, and who is not within
    the excepted classes prescribed by Chapter 2 (commencing with Section
    29800) or Chapter 3 (commencing with Section 29900) of Division 9 of
    this title, or Section 8100 or 8103 of the Welfare and Institutions
    Code, to purchase, own, possess, keep, or carry, either openly or
    concealed, a handgun within the citizen's or legal resident's place
    of residence, place of business, or on private property owned or
    lawfully possessed by the citizen or legal resident.
    (c) Nothing in this section shall be construed as affecting the
    application of Sections 25850 to 26055, inclusive.



    26055. Nothing in Section 25850 shall prevent any person from
    having a loaded weapon, if it is otherwise lawful, at the person's
    place of residence, including any temporary residence or campsite.

  3. #3
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    Thanks mjones!

    Has there been a ruling concerning 25605 that said that a hotel room constitutes as a place of residence or private property owned or lawfully possessed?
    Last edited by Felid`Maximus; 08-20-2012 at 02:27 PM.

  4. #4
    Regular Member mjones's Avatar
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    Quote Originally Posted by Felid`Maximus View Post
    Thanks mjones!

    Has there been a ruling concerning 25605 that said that a hotel room constitutes as a place of residence or private property owned or lawfully possessed?
    Yes...too numerous to count... I can't remember the initial case but I believe it was back in the 30s.

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