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help on some information
- Thread starter ryan645
- Start date
cato
Newbie
imported post
http://www.leginfo.ca.gov/cgi-bin/displaycode?section=pen&group=12001-13000&file=12020-12040
12026. (a) Section 12025 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,...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 pistol, revolver, or other firearm capable of being
concealed upon the person.
(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,... to
purchase, own, possess, keep, or carry, either openly or concealed,
a pistol, revolver, or other firearm capable of being concealed upon
the person 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 Section 12031.
12031. (a) (1) A person is guilty of carrying a loaded firearm when
he or she carries a loaded firearm on his or her person or in a
vehicle while in any public place or on any public street in an
incorporated city or in any public place or on any public street in a
prohibited area of unincorporated territory.
(h) Nothing in this section shall prevent any person engaged in
any lawful business, including a nonprofit organization, or any
officer, employee, or agent authorized by that person for lawful
purposes connected with that business, from having a loaded firearm
within the person's place of business, or any person in lawful
possession of private property from having a loaded firearm on that
property.
http://www.leginfo.ca.gov/cgi-bin/displaycode?section=pen&group=12001-13000&file=12020-12040
12026. (a) Section 12025 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,...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 pistol, revolver, or other firearm capable of being
concealed upon the person.
(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,... to
purchase, own, possess, keep, or carry, either openly or concealed,
a pistol, revolver, or other firearm capable of being concealed upon
the person 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 Section 12031.
12031. (a) (1) A person is guilty of carrying a loaded firearm when
he or she carries a loaded firearm on his or her person or in a
vehicle while in any public place or on any public street in an
incorporated city or in any public place or on any public street in a
prohibited area of unincorporated territory.
(h) Nothing in this section shall prevent any person engaged in
any lawful business, including a nonprofit organization, or any
officer, employee, or agent authorized by that person for lawful
purposes connected with that business, from having a loaded firearm
within the person's place of business, or any person in lawful
possession of private property from having a loaded firearm on that
property.
CA_Libertarian
State Researcher
imported post
ryan645 wrote:
So, feel free to carry loaded or unloaded, open or concealed while on your property.
ryan645 wrote:
Like Cato pointed out, sections 12025 & 12031 do NOT apply to private property or places of business, as long as you lawfully own, lease, or "possess" the land.
So, feel free to carry loaded or unloaded, open or concealed while on your property.
ConditionThree
State Pioneer
imported post
CA_Libertarian wrote:
You forgot where you 'reside' orat your'residence'.
12031 (l) Nothing in this section shall prevent any person from having a loaded weapon, if it is otherwise lawful, at his or her place of residence, including any temporary residence or campsite.
While you are not an 'owner' of a campsite- or an apartment or hotel room, you still can carry a loaded weapon there without any permit, even inside incorporated areas. Bear in mind at a campsite you would still need to adhere to the law against concealing your weapon by carrying it openly in a belt holster (12025 (f)). Your only other option at a campsite would be to have it in a locked container (12026.1)
CA_Libertarian wrote:
You forgot where you 'reside' orat your'residence'.
12031 (l) Nothing in this section shall prevent any person from having a loaded weapon, if it is otherwise lawful, at his or her place of residence, including any temporary residence or campsite.
While you are not an 'owner' of a campsite- or an apartment or hotel room, you still can carry a loaded weapon there without any permit, even inside incorporated areas. Bear in mind at a campsite you would still need to adhere to the law against concealing your weapon by carrying it openly in a belt holster (12025 (f)). Your only other option at a campsite would be to have it in a locked container (12026.1)
ConditionThree
State Pioneer
imported post
ryan645 wrote:
Yosemite National Park is off limits, because it is a National Park (36 C.F.R. 2.4(a)). As is Patrick's Point State Park, because it's a California State Park (CCR Title 14, Div.3, chap. 1, s 4313 (a))
Think National Forests, recreation areas, commercial campsites,... there are more than enough of those to go camping armed.
ryan645 wrote:
Yosemite National Park is off limits, because it is a National Park (36 C.F.R. 2.4(a)). As is Patrick's Point State Park, because it's a California State Park (CCR Title 14, Div.3, chap. 1, s 4313 (a))
Think National Forests, recreation areas, commercial campsites,... there are more than enough of those to go camping armed.
CA_Libertarian
State Researcher
imported post
ConditionThree wrote:
Also, I think a strong argument can be made for carrying concealed at "temporary residences" (such as camp sites). 12026 simply says "residence" as an exempted place; 12031 adds "any temporary residence or campsite" to the definition of residence.
The wording leaves the definition open to interpretation: did the legislature intend to have 2 definitions of the same word in the same chapter? The local LEOs and DA may try to enforce 12025 at a camp site. However, it is well established that this deprives any defendant of due process (Connally v. General Const. Co. (269 U.S. 385(1026)), and this application of law should be held unconstitutional.
If you don't feel like being drug through the court system, I would suggest you err on the side of caution. Also, keep in mind if you're camping under the stars that covering up with a blanket, sleeping bag, or long coat would likely be considered concealing your belt-holstered weapon.
ConditionThree wrote:
I thought "possess" covered temporary residences, but it is a bit unclear.
Also, I think a strong argument can be made for carrying concealed at "temporary residences" (such as camp sites). 12026 simply says "residence" as an exempted place; 12031 adds "any temporary residence or campsite" to the definition of residence.
The wording leaves the definition open to interpretation: did the legislature intend to have 2 definitions of the same word in the same chapter? The local LEOs and DA may try to enforce 12025 at a camp site. However, it is well established that this deprives any defendant of due process (Connally v. General Const. Co. (269 U.S. 385(1026)), and this application of law should be held unconstitutional.
If you don't feel like being drug through the court system, I would suggest you err on the side of caution. Also, keep in mind if you're camping under the stars that covering up with a blanket, sleeping bag, or long coat would likely be considered concealing your belt-holstered weapon.