inbox485
Regular Member
imported post
Just thought of possible legal reasoning for LOC in unicorporated areas:
The determination of whether or not 12031 applies in unincorporated areas is if it is a prohibited area. That has been loosely interpreted to mean any area with a ban on recreational shooting. But the law specifies "prohibited" meaning that under no circumstances may a firearm be discharged. Since discharge in self defense would still be permitted, the law shouldn't apply.
For purposes of example I will highlight three general purposes for discharging a firearm: hunting, target, self defense. If you are in an area where target practice is allowed, but hunting is not, you are clearly not in a prohibited area. What I am arguing is that if you are in an area that target practice and hunting are prohibited, but self defense is not, then you are not in a prohibited area within the meaning of 12031.
Thoughts?
Just thought of possible legal reasoning for LOC in unicorporated areas:
The determination of whether or not 12031 applies in unincorporated areas is if it is a prohibited area. That has been loosely interpreted to mean any area with a ban on recreational shooting. But the law specifies "prohibited" meaning that under no circumstances may a firearm be discharged. Since discharge in self defense would still be permitted, the law shouldn't apply.
For purposes of example I will highlight three general purposes for discharging a firearm: hunting, target, self defense. If you are in an area where target practice is allowed, but hunting is not, you are clearly not in a prohibited area. What I am arguing is that if you are in an area that target practice and hunting are prohibited, but self defense is not, then you are not in a prohibited area within the meaning of 12031.
Thoughts?
