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Thread: Legal interpretation.

  1. #1
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    This is for you guys who read and understand the CA Penal Code better than me. 12031 (L), states that you can HAVE a loaded gun at your place of residence, including temporary residence or campsite. My question is, does have mean CARRY? lol

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    Ooh, tricky. I'm not sure if there is anycase law that defines this further. The closest I can think of is Overturf, but that dealt with a having/carrying in a place of business. Good question.

  3. #3
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    Code:
    (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.
    
    To have is to possess. You are allowed to have a loaded gun in your place of business, but not necessarily carry. Overturf.

  4. #4
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    I appriciate the response but I already have the definition. I was wondering about the not necessarily carry part.

    Always learning

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  5. #5
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    U can ask ur local DA's office, as I did, and the pat response is, "we do not give legal advice." Isn't that classic. U askurlocal guvtattorney if something is legal or not, cuz u don't want to break an administrative code, and the public servant will nottell u. (LOL)



  6. #6
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    simplysteven wrote:
    I appriciate the response but I already have the definition. I was wondering about the not necessarily carry part.

    Always learning

    SS
    Then I will make it more clear.

    If the law makes possession illegal then you can neither have nor carry.

    If the law makes carry illegal but not possession then you can have, but not carry.

    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
    This law prohibits carrying, not possessing or having.

    It is my understanding that a business, if open to the public is a public place and therefore you are not allowed to carry it loaded in your place of business, but you are allowed to possess one. That is what (L) is basically saying. . . It is clarifying you still have the right to possess.

  7. #7
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    Thanks for the clearity! I'll be UOC this weekend at ANF. I'll post back & detail any LEO encounters.

    Always learning

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  8. #8
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    Oh, but keep in mind, IANAL!

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