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Thread: Is a private business the same as a private home for OC?

  1. #1
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    Ok here is a possible scenario and one that I came close to today. I was open carrying and had no problems the whole trip. I went to a business that sells some really good chorizo burritos. I know the owners and they are really cool. They noticed the gun but did not say anything as they were busy. I wondered how I would respond to them if they asked to see the gun or something like that.

    I made up mind to tell them that I didnt know the law and would refuse to unholster the gun even if the place was empty.

    I know these guys they will eventually ask ... or its likely. I wouldnt mind doing that as I have no problem in my house if the gun is unloaded and all is safe.

    Whats the law in such a situaltion?

    Lets say its the owner of the business and you know them ... does anything change thenas to opposed whenI am on the street? I mean I know they have the right and I respect it for them to tell me to leave (no problems with that). But am I basically in a private home or no?

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    If the owner of the business doesn't want you strapped in his place he can ask you to leave. PC 602 (o) &(m) seem most relevant here. If the owner gives you permission you can probably load up. 12026PC coversloaded open and concealed carry in a residence or place of business . 12031(l) alsopermits carrying loaded in your residence, and probably by extension in anyone else's residence as long as you have their permission, are not trespassing or are not otherwise prohibited.

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    I presume you mean by "see it", that they want to actually look at it, look it over.



    I would not remove it from the holster, on the chance of being seen by passerby or patron and have a MWAG call. If they really insist on wanting to check it out, ask to go to a private room or area in the back.



    Otherwise, the only reason it needs to come out, is to load it for the occasion.......(Cop check not withstanding.)

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    Familarize yourself with these sites before going out again. If you are stoped by an Law Enforcement Officer remember to state

    " I do not consent to any warrantless searches, if you demand to see my gun you may"

    This site is a great FAQ:

    http://www.californiaopencarry.org/faq.html

    It also links to peoples personal encounters, so you can see how interactions go.



    This site is like a quick sheet. straight forward info.

    http://www.opencarry.org/ca.html

    Be sure to review this. http://www.californiaopencarry.org/CaliforniaOpenCarry.pdf

    Print it out, and carry it with you.



    This is PullnShoot's Blog site of his daily activities

    http://caopencarry.blogspot.com/

    On the right are great links to LE bulletins



    Remember the gun has to be UNLOADED and the Magazine has to be visible on you(such as the belt pouch, not covered by your shirt/sweater/anything at all)

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    Anti-Saldana Freedom Fighter bigtoe416's Avatar
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    Army wrote:
    I presume you mean by "see it", that they want to actually look at it, look it over.



    I would not remove it from the holster, on the chance of being seen by passerby or patron and have a MWAG call. If they really insist on wanting to check it out, ask to go to a private room or area in the back.



    Otherwise, the only reason it needs to come out, is to load it for the occasion.......(Cop check not withstanding.)
    +1. Could be misconstrued as brandishing by a third-party. If you know these people well then I wouldn't mind showing them in a private place. If I only kinda knew them then I would rather not disarm myself.

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    bigtoe416 wrote:
    Army wrote:
    I presume you mean by "see it", that they want to actually look at it, look it over.



    I would not remove it from the holster, on the chance of being seen by passerby or patron and have a MWAG call. If they really insist on wanting to check it out, ask to go to a private room or area in the back.



    Otherwise, the only reason it needs to come out, is to load it for the occasion.......(Cop check not withstanding.)
    +1. Could be misconstrued as brandishing by a third-party. If you know these people well then I wouldn't mind showing them in a private place. If I only kinda knew them then I would rather not disarm myself.
    It could be miscounstrued, but still is not brandishing. Brandishing requires intent and IIRC a victim. If one is simple showing the firearm to someone in public, say a firearms inspection prior to purchase, it is not brandishing and you would have at least one witness to the situation.

    BUT IANAL.

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    Anti-Saldana Freedom Fighter bigtoe416's Avatar
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    Theseus wrote:
    It could be miscounstrued, but still is not brandishing. Brandishing requires intent and IIRC a victim. If one is simple showing the firearm to someone in public, say a firearms inspection prior to purchase, it is not brandishing and you would have at least one witness to the situation.

    BUT IANAL.
    I guess the scenario I envisioned was a person walking by a glass-front store, glancing in and seeing a man pulling a gun out, whereupon the passerby immediately freaks, runs around the corner, and calls the police. It certainly isn't brandishing, but it is still mildly possible for somebody looking in for a second to think something bad is happening.

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    Regular Member turbodog's Avatar
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    A similar question came up in the class I was taking for my CC permit here in Louisiana. The instructors response was: If it's a place with public access (meaning a place of business) you do not have to ask permission to enter while armed. If it's a private residence, you must inform the owner you are carrying if you want to enter and they can refuse you if they wish. Don't know if it's the same for Cali tho.
    Quote Originally Posted by NavyLT View Post
    Him: "I carry my gun concealed"
    Me: "You're not very good at it"
    Him: "What do you mean?"
    Me: "I know you have a gun"
    End of conversation.

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