Results 1 to 8 of 8

Thread: Carry on Private Property.....?

  1. #1
    Regular Member
    Join Date
    Dec 2008
    Location
    Peoria / Prescott, AZ, ,
    Posts
    54

    Post imported post

    Im drivin' out to your fine state in Dec to see some of my War buds, and I wanted to get the scoop on carrying on private property (my buds house) - open or concealed. Can you even carry concealed on private property in CA? Do I need to follow that bogus "Unloaded" rule?

    Here in AZ w/ my CCW I carry wherever I want however I want (although on private property the CCW doesn't matter)...and no one thinks twice about it - I just want to make sure I don't end up on the News for my "Bad" AZ habits.

    Any tips would be appreciated.

  2. #2
    Regular Member
    Join Date
    Jul 2009
    Location
    San Jose, California, ,
    Posts
    15

    Post imported post

    While inside your friend's house or fenced backyard, you can LOC or LCC. Be careful if any children will be present as there are laws about firearm storage when children are present. I'm sure more detail on this can be provided if you think there might be children.

    Unfortunately, California has case law which currently says frontyard/driveway are "public areas" even if they are private property and so certain things come into effect: If your friend lives within 1000 feet (as the crow flies) of any sort of school, you cannot carry in front of the house unless the firearm is unloaded in a locked, secure container. That's right - you can't even Unloaded Open Carry on your own front door step if you live within 1000 feet of a school.

    If he doesn't live within 1000 feet of a school, your safest bet is UOC anytime you exit the front door of the house - and obviously be prepared to lock it away if you enter a school zone while traveling.

  3. #3
    State Researcher
    Join Date
    Jul 2007
    Location
    Stanislaus County, California, USA
    Posts
    2,586

    Post imported post

    Lomic got it right, mostly.

    To clarify, 12025 (concealed carry ban) exempts private property, even unfenced front yards. HOWEVER, one member here is being maliciously prosecuted under another statute with an identical exemption. The DA is pushing the trial court to change the definition of "private property" to include only places where the public doesn't have access (e.g. behind locked doors/gates). So, for now I wouldn't rely on this exemption.

    12031 (loaded carry restriction) does NOT have the same exemption. The courts have ruled that only "possession" is exempted, and that "possession" doesn't include "carrying" (see People v Overturf). And for the above stated reasons, even this "possession" exemption will go away if "private property" is redefined by the courts.

    What I generally recommend for visitors to our state is to NOT open carry in public. There's simply too many laws where you can get jacked up pretty easily, and even if you're 100% within the law, you might get jacked up anyhow.

    Instead, I recommend "Poor Man's CCW" (aka "LUCC" - Locked Unloaded Container Carry). This method of carrying involves an unloaded handgun carried within a locked, fully-enclosed secure container. Carrying unloaded is a must in any city, and in many places in rural areas. The locked secure container exempts you from both 12025 and 626.9 (our Gun-Free School Zone Act, which prohibits possession of a handgun within 1,000 feet of grade schools).

    If you decide you really want to OC in CA, I suggest you spend a couple weeks browsing and reading up on the statutes and case law. There's a lot to know. A good place to start is http://www.californiaopencarry.org.
    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.

  4. #4
    Regular Member
    Join Date
    Dec 2008
    Location
    Peoria / Prescott, AZ, ,
    Posts
    54

    Post imported post

    wow wow wow.......so you can carry however you want on private property (inside or back yard)...but only unloaded?? How the hell is **** like this become law???

    So now if I grease someone in self-defence while Im there...is that like a no questions asked Go To Jail?

    Jesus man I don't know how you guys put up w/ **** like that....I don't think I could....
    Anyway thx for the info - think it would be easier taking a ******* sword or slingshot on my Cali trip!

  5. #5
    Regular Member mjones's Avatar
    Join Date
    Jul 2008
    Location
    SoCal, , USA
    Posts
    979

    Post imported post

    Mahan0331 wrote:
    wow wow wow.......so you can carry however you want on private property (inside or back yard)...but only unloaded?? How the hell is @#$% like this become law???
    No, you got that wrong...on private property (inside or back yard) do whatever you please...

    However, on private property, which is generally accessible to the public (unfenced front yard)act as if you are not on private property at all.

  6. #6
    Regular Member
    Join Date
    Dec 2008
    Location
    Peoria / Prescott, AZ, ,
    Posts
    54

    Post imported post

    ok ok - got it. Thx guys!

  7. #7
    Regular Member mjones's Avatar
    Join Date
    Jul 2008
    Location
    SoCal, , USA
    Posts
    979

    Post imported post

    Mahan0331 wrote:
    ok ok - got it. Thx guys!
    not a problem...when you come visit CA, be sure to bring some extra AZ patriotism with you that you can sprinkle on the ground in the hope that it grows!

  8. #8
    Banned
    Join Date
    Sep 2009
    Location
    Sunnyvale, California, USA
    Posts
    171

    Post imported post

    CA_Libertarian wrote:
    Lomic got it right, mostly.

    To clarify, 12025 (concealed carry ban) exempts private property, even unfenced front yards. HOWEVER, one member here is being maliciously prosecuted under another statute with an identical exemption. The DA is pushing the trial court to change the definition of "private property" to include only places where the public doesn't have access (e.g. behind locked doors/gates). So, for now I wouldn't rely on this exemption.

    12031 (loaded carry restriction) does NOT have the same exemption. The courts have ruled that only "possession" is exempted, and that "possession" doesn't include "carrying" (see People v Overturf). And for the above stated reasons, even this "possession" exemption will go away if "private property" is redefined by the courts.

    What I generally recommend for visitors to our state is to NOT open carry in public. There's simply too many laws where you can get jacked up pretty easily, and even if you're 100% within the law, you might get jacked up anyhow.

    Instead, I recommend "Poor Man's CCW" (aka "LUCC" - Locked Unloaded Container Carry). This method of carrying involves an unloaded handgun carried within a locked, fully-enclosed secure container. Carrying unloaded is a must in any city, and in many places in rural areas. The locked secure container exempts you from both 12025 and 626.9 (our Gun-Free School Zone Act, which prohibits possession of a handgun within 1,000 feet of grade schools).

    If you decide you really want to OC in CA, I suggest you spend a couple weeks browsing and reading up on the statutes and case law. There's a lot to know. A good place to start is http://www.californiaopencarry.org.
    Good advise, and thank you for keeping up with the ridiculous gun laws in the Golden State. I still shy from unloaded open carry ... guess I am a weenie; I still do not trust any local authority in California - too many local training budgets suffer due to the current economy, so training suffers.

    The last thing I need is some urban cowboy pointing a gun at me, even if he/she is a LEO.

    Are all California LEOs trained regarding our right to carry unloaded weapons? More importantly, are they ready to recognize the fact that citizens* have the right to carry loaded weapons?

    * It is up to you, citizen, to define who has the right to arm themselves and protect others.


Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •