imported post
The Thesus situation hung on the fact that the private property was a parking lot open to the public. A wrong determination made by a judge who wants to be a legislator.
626.9 (c) Subdivision (b) does not apply to the possession of a firearm
under any of the following circumstances:
626.9 (c) (1) Within a place of residence or place of business or on private
property, if the place of residence, place of business, or private
property is not part of the school grounds and the possession of the
firearm is otherwise lawful.
No mention of PUBLIC PLACE, merely a requirement that you are on PRIVATE PROPERTY to be exempted from 626.9 for loaded or unloaded carry
In 12031 we DO find "public place" but 12031 is talking about LOADED firearms, which if I remember correctly Thesus did not have.
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.
But 12031 also grants exemptions.
12031 (h) Nothing in this section shall prevent any person engaged in any lawful business, including a nonprofit organization, or any officer, employee, or agent authorized by that person for lawful purposes connected with that business, from having a loaded firearm within the person's place of business, or any person in lawful possession of private property from having a loaded firearm on that property.
12031 (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.
I do not see any conflict in the black letter law that prohibits carrying loaded on private property that you are in lawful possession of (own, rent, mom and dads, etc.) or unloaded carry on private property in a school zone - yes the judge is WRONG.
If I am mistaken in what the LAW says, please correct me. I am in California and carrying quite often. At my mothers home, where I stay so I am therefore it is my abode during that time, I carry loaded and open on the property which is in or very close to in a school zone.
I have the resources to fight an unlawful arrest and have no reservations about insisting on exercising my rights and privileges.