Fedge wrote:People v Overturf (64 Cal.App.3d) is a great example of how out of hand CA law is in this area. Overturf was an arthritic older man who had an encounter on his property with a younger ex-employee and a couple of his friends. Overturf was convicted under 12031 for having a loaded weapon in his front yard. It is important to note that Overturf should have been exempted under 12031(h), as he was facing down 3 younger thugs who had already threatened him. This was voiced in the dissenting opinion. It's really hard to read this case without getting angry... such injustice.* I may carry CONCEALED/OPEN/LOADED on my own legal residence, place of business, or my own private property. (Enumerated by PC 12026)
I can't think of the cases, but it is well established that private property is open to the public. The logical example I can think of is that people can enter your property to walk up to your front door (such as for solicitation). So, if you live in an incorporated area and carry loaded in your front yard, you are subject to 12031.
Here's where the case gets interesting:
Subdivision (g) states: "Nothing in this section shall prevent any person from carrying a loaded firearm ... while engaged in hunting" (with limitations not relevant here).
Subdivision (h) reads: "(h) Nothing in this section is intended to preclude the carrying of any loaded firearm, under circumstances where it would otherwise be lawful, by a person who reasonably believes that the person or property of himself or another is in immediate danger and that the carrying of such weapon is necessary for the preservation of such person or property."
And, finally, subdivision (i) states: "(i) Nothing in this section is intended to preclude the carrying of a loaded firearm by any person while engaged in the act of making or attempting to make a lawful arrest."
It can thus be seen that none of the subdivisions (f) through (j) expressly create any exemptions from the liability established for violation of subdivision (a).So, by these judges' logic, even within your home it is a violation of 12031 to keep your weapon loaded (if you live in an incorporated area). "Carrying" and "having" are not synonymous. "Having" relates to an "act or state of possessing," Webster's New International Dictionary, Second Edition, page 1145, while "carrying" refers to the "act or instance of carrying" and the verb "carry" in relevant definition connotes "to convey, or transport ...;" and "to transfer from one place ... to another." (Id. at p. 412.)