ChickenFarmer wrote:Not sure of the case law, but I have heard the argument before. As I heard it, if the place is readily accessible to the general public, then it is a public place. If a parking lot at a grocery store is blocked off for a private event, then I think it would fall under the private property rules,if it is open to anyone and everyone who wants to walk/drive/ride into it, as it is during normal business hours, then I see it as a publicplace.I was reading PC12031 again because of the man that is being charged in another firearms related thread on this board.
I am not sure of the situation, but that is not the topic of this thread.
This got me to wondering. I have heard of case law that determines a grocery store parking lot as being public place, but that does not mean that it is still not private property and therefore exempt.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.
(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.
The only way I can see is if the argument in the case law suggests that since the private property is ALSO a public place the loaded PC can be enforced. Does anyone know the case the dictates a public place and its relation to PC 12031?
I have heard this arument pushed to the point of reasoning that if your front yard isn't fenced in, then it is also apublic place, as anyone can just walk right across your lawn.
Not sure what the real answer is, but will be interested to see if anyone can find the applicable case law.