Matai wrote:Howdy to you and yours.Hi Everyone,
I was raised in California, but recently moved to Utah. However, I still have family in California with the need to defend themselves. The two places I'm concerned about the most are Modesto, Stanislaus County (hi CA_Libertarian!) and Seaside, Monterey County.
I'm really confused about California law. I just want to know when the state thinks it's ok for me and my family to provide for our own defense. So, within the city limits of the two cities I mentioned above, my question is
Can you carry a gun and how (concealed or unconcealed, loaded or unloaded) in the following situations:
If this has been answered on another thread, please direct me there.
- Within the walls of your own home?
- Working in the yard outside, but still within the boundaries of your own property?
- Inside of a rental house you own?
- Outside of a rental house you own, but within the property boundaries?
We have state preemption, so the rules are the same across the state. I'll give you my best interpretation of the statutes/case law:
1. No restriction on method of carry. Concealed & loaded are both OK.
2. People v Overturf, while very bad case law, has yet to be overturned. In this case a man was convicted for carrying a loaded weapon in his front yard.
3 and 4. Rented & owned property are treated the same, to the best of my knowledge. As long as you're in lawful possession of the property or there by permission of the person in lawful possession of the property. (For example, you would be exampt from 12025 & 12031 while a guest within the walls of your family's home, rented or owned.
I hope this helps. For more info, www.californiaopencarry.com is a great resource.
I also encourage you to direct your friends/family to this site. We need more freedom lovers getting involved!