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Thread: Carry on your own property

  1. #1
    Regular Member
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    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:
    1. Within the walls of your own home?
    2. Working in the yard outside, but still within the boundaries of your own property?
    3. Inside of a rental house you own?
    4. Outside of a rental house you own, but within the property boundaries?
    If this has been answered on another thread, please direct me there.

    Thanks!


  2. #2
    State Researcher
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    Jul 2007
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    Stanislaus County, California, USA
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    Matai wrote:
    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:
    1. Within the walls of your own home?
    2. Working in the yard outside, but still within the boundaries of your own property?
    3. Inside of a rental house you own?
    4. Outside of a rental house you own, but within the property boundaries?
    If this has been answered on another thread, please direct me there.

    Thanks!
    Howdy to you and yours.

    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!
    Participant in the Free State Project - "Liberty in Our Lifetime" - www.freestateproject.org
    Supporter of the CalGuns Foundation - http://www.calgunsfoundation.org/
    Supporter of the Madison Society - www.madison-society.org


    Don't Tread On Me.

  3. #3
    Regular Member
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    Thanks CA_L!

    On #2, can I mow my lawn while carrying an unloaded gun in holster and a loaded magazine in its own holster?

    If so, do you think it's safe to carry in the same fashion while painting the outside of a rental house?


    P.S. I'm assuming you're not a lawyer, I'm just interested in your opinion. The same holds true for anyone else who answers this thread.

  4. #4
    State Researcher
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    You could... but you might get paint on your gun...

    I used to open carry while mowing my lawn, but I got tired of cleaning bits of grass out of my gun. I don't carry my pistol openly anymore while working in the yard.

    For those that say there is no lawful reason to conceal a firearm... there's one - keeping debris out of the gun.

    The other big thing you really got to worry about is school zones. If you're within 1,000' of a K-12 school DO NOT step out onto the sidewalk while carrying. While you're on private property you're exempted, but otherwise it has to be in a locked container. I guess it's also important to know what qualifies for a 'locked container.' Pretty much anything other than your glove box or center console. Gun case locked and sitting on the passenger seat = OK. The trunk of your car qualifies as a locked container (assuming it locks).
    Participant in the Free State Project - "Liberty in Our Lifetime" - www.freestateproject.org
    Supporter of the CalGuns Foundation - http://www.calgunsfoundation.org/
    Supporter of the Madison Society - www.madison-society.org


    Don't Tread On Me.

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