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Thread: Loaded oc on your own property

  1. #1
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    I'm aware of the penal code section permitting LOC (or concealed) on your property.

    Does it matter what part of the property? If you have an average size home on an average size lot and you're in the front yard mowing the yard while LOC, and someone calls PD to report MWG can they come on the property and question you?

    Also, suppose a friend comes over and he decides to LOC with my permission is heallowed to do so even though he'snot on his own property? And is OC legalwhen you liveacross the street from a school as long as you're on your own property?

    Apology if this subject has been discussed before.

    Thank you

  2. #2
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    Hawaii FiveO wrote:
    I'm aware of the penal code section permitting LOC (or concealed) on your property.

    Does it matter what part of the property? If you have an average size home on an average size lot and you're in the front yard mowing the yard while LOC, and someone calls PD to report MWG can they come on the property and question you?

    Also, suppose a friend comes over and he decides to LOC with my permission is heallowed to do so even though he'snot on his own property? And is OC legalwhen you liveacross the street from a school as long as you're on your own property?

    Apology if this subject has been discussed before.

    Thank you
    As I understand it, if the officer (and for that matter the general public) can walk to where you are without opening a gate or jumping a fence then the private property exemption does not apply. Thus Backyard and inside the residence or garage would be OK, but an open front yard would be risking violation.

  3. #3
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    Diesel-n-Lead wrote:
    Hawaii FiveO wrote:
    I'm aware of the penal code section permitting LOC (or concealed) on your property.

    Does it matter what part of the property? If you have an average size home on an average size lot and you're in the front yard mowing the yard while LOC, and someone calls PD to report MWG can they come on the property and question you?

    Also, suppose a friend comes over and he decides to LOC with my permission is heallowed to do so even though he'snot on his own property? And is OC legalwhen you liveacross the street from a school as long as you're on your own property?

    Apology if this subject has been discussed before.

    Thank you
    As I understand it, if the officer (and for that matter the general public) can walk to where you are without opening a gate or jumping a fence then the private property exemption does not apply. Thus Backyard and inside the residence or garage would be OK, but an open front yard would be risking violation.
    Cite?

  4. #4
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    Hawaii FiveO wrote:
    Diesel-n-Lead wrote:
    Hawaii FiveO wrote:
    I'm aware of the penal code section permitting LOC (or concealed) on your property.

    Does it matter what part of the property? If you have an average size home on an average size lot and you're in the front yard mowing the yard while LOC, and someone calls PD to report MWG can they come on the property and question you?

    Also, suppose a friend comes over and he decides to LOC with my permission is heallowed to do so even though he'snot on his own property? And is OC legalwhen you liveacross the street from a school as long as you're on your own property?

    Apology if this subject has been discussed before.

    Thank you
    As I understand it, if the officer (and for that matter the general public) can walk to where you are without opening a gate or jumping a fence then the private property exemption does not apply. Thus Backyard and inside the residence or garage would be OK, but an open front yard would be risking violation.
    Cite?
    If they find you to be violating 626.9 that's no cite, its a hook 'n book. For that matter, so is a 12031 or 12025 violation.

  5. #5
    Founder's Club Member MudCamper's Avatar
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    People v Overturf is one of several reasons why your front yard is a public place. Also People v Strider clarified that if it is fenced and gated (at least 3 feet) then it's private.

    Look in this thread: http://opencarry.mywowbb.com/forum12/36464.html

    And you can find links to these cases.


  6. #6
    Regular Member mjones's Avatar
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    [quote]bah....forum completely munched my post

  7. #7
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    MudCamper wrote:
    People v Overturf is one of several reasons why your front yard is a public place. Also People v Strider clarified that if it is fenced and gated (at least 3 feet) then it's private.

    Look in this thread: http://opencarry.mywowbb.com/forum12/36464.html

    And you can find links to these cases.
    Thank you MudCamper. I read a very, very long case law. Here is just about everything you want to know about yards, fences, etc.

    http://caselaw.lp.findlaw.com/data2/...es/b204571.pdf

    I found my answer to my initial questions.

  8. #8
    Regular Member JJ's Avatar
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    Hawaii FiveO wrote:
    MudCamper wrote:
    People v Overturf is one of several reasons why your front yard is a public place. Also People v Strider clarified that if it is fenced and gated (at least 3 feet) then it's private.

    Look in this thread: http://opencarry.mywowbb.com/forum12/36464.html

    And you can find links to these cases.
    Thank you MudCamper. I read a very, very long case law. Here is just about everything you want to know about yards, fences, etc.

    http://caselaw.lp.findlaw.com/data2/...es/b204571.pdf

    I found my answer to my initial questions.
    Good reading and very informative.

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