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Casual Open Carry Event in San Pedro - September 16thm - 7:30pm - Granny's Donuts

ConditionThree

ConditionThree

State Pioneer
Joined
May 22, 2006
Messages
2,231
Location
Shasta County, California, USA
RockerFor2A said:
Would love to attend one of these in the San Diego area. I'm new to this site, but very interested in OC. I am reading the information I can find out there. I will gladly start a new thread and apologize if this is the wrong place, but just wondering a couple of things:

1) I discovered via a map that my home is within 1000 ft. of a small private school in a church (it's about 600 ft away). In theory is OC or even LOC legal on my own property? My reading of the law seems to indicate that OC would be.

2) I know with the higher profile of OC thanks to the AB1934 fight more info is out and I've read some of the training memos for LE departments in the San Diego area. Has OC become any less risky in my area? Is it still advisable to carry a recorder and be prepared with money set aside for an attorney or are police better trained about this.

My apologies in advance if my questions are better directed somewhere else. I'm reading all I can, but like most of you-- being a law abiding citizen-- my encounters with law enforcement up to this point in my 49 years on this planet have been limited to traffic stops and not potentially adversarial situations. Yet I'm upset that some in law enforcement would like to intimidate us out of exercising rights that the founding fathers meant to be protected.
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1) Judicial interpertation of what private property is, governs whether UOC or LOC is legal on your property. While there is little question that you can CCW, UOC, or LOC inside your home, case law (People v Strider I think) would construe areas of private property that do no limit access as a public area. Specifically- if your property is not fenced and there is no locked gate or other barrier preventing access to your property, LOC, and UOC would not be legal in the 626.9 context.

2) The more contact we have with law enforcement while OC will reduce the risks over time. I would assume that the risk is about the same as other areas of the state where the police have not issued any training bulletin or have no substantial contact with armed citizens.
 
RockerFor2A

RockerFor2A

Regular Member
Joined
Aug 27, 2009
Messages
145
Location
Lemon Grove, CA
Thank you so much for the reply. I appreciate it and have been studying and attempting to do due diligence on my part. I don't wish to be lazy and pester members here with questions without trying to find answers. I did read the FAQ that covered private property. I do have a fence around my property. The one area where there is not is a steep slope which is virtually impenetrable due to thick bougenvilla plants. You couldn't access my property without a machete and a spare hour or two. But I have a gate at the top of my driveway that I leave unlocked. So it seems to me if I were careful to close AND LOCK my gate, I could UOC or even LOC on my property?

I've read the forums and from what I've found, if a neighbor saw me UOC in my yard and called police (not likely) and they came to my house I would have to be sure to not set foot off my property or risk arrest. I saw an incident where an officer told someone to come speak to him on the public street and then whammo-- he's arrested. Come to think of it, if I'm in a school zone, if The officer requested I unlock and open my gate, I'd instantly be in violation, would I not?

I live in Lemon Grove which borders San Diego. The San Diego County Sheriffs Department handles patrol out here and I don't know if there officers are up to speed on this stuff. I don't have $5-$10K on hand for legal expenses however. It also seems like there's a business opportunity here for either gun stores or individuals to do OC training classes-- much like dive shops teach scuba. You'd have a day of classroom instruction and on the second day you'd go on a "supervised" OC field trip, if you will. It would be a worthwhile education for newbies like myself and a good business venture. I know many of you have made the point that there's a right/smart way to OC and then the other ways. It would be great if there were such a class/service where the experienced people could school the new folks. I've watched pullnshoot and his brother's video and those were enormously helpful. Imagine if you could have a class where you could do that role play with an instructor so when you do have your first LE contact you are as prepared as you can be?

Any way, thanks for the reply and I will try to do as much learning on my own before pestering with more questions. :)
 
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H

hgreen

Regular Member
Joined
Jun 4, 2010
Messages
470
Location
Centreville, VA
RockerFor2A said:
Thank you so much for the reply. I appreciate it and have been studying and attempting to do due dikkigence on my part. I don't wish to be lazy and pester members here with questions without trying to find answers. I did read the FAQ that covered private property. I do have a fence around my property. The one are where there is not is a steep slope which is virtually impenetrable due to thick bougenvilla plants. You couldn't access my property without a machete and a spare hour or two. But I have a gate at the top of my driveway that I leave unlocked. So it seems to me if I were careful to close AND LOCK my gate, I could UOC or even LOC on my property?

I've read the forums and from what I've found, if a neighbor saw me UOC in my yard and called police (not likely) and they came to my house I would have to be sure to not set foot off my property or risk arrest. I saw an incident where an officer told someone to come speak to him on the public street and then whammo-- he's arrested. Come to think of it, if I'm in a school zone, if The officer requested I unlock and open my gate, I'd instantly be in violation, would I not?

I live in Lemon Grove which borders San Diego. The San Diego County Sheriffs Department handles patrol out here and I don't know if there officers are up to speed on this stuff. I don't have $5-$10K on hand for legal expenses however. It also seems like there's a business opportunity here for either gun stores or individuals to do OC training classes-- much like dive shops teach scuba. You'd have a day of classroom instruction and on the second day you'd go on a "supervised" OC field trip, if you will. It would be a worthwhile education for newbies like myself and a good business venture. I know many of you have made the point that there's a right/smart way to OC and then the other ways. It would be great if there were such a class/service where the experienced people could school the new folks. I've watched pullnshoot and his brother's video and those were enormously helpful. Imagine if you could have a class where you could do that role play with an instructor so when you do have your first LE contact you are as prepared as you can be?

Any way, thanks for the reply and I will try to do as much learning on my own before pestering with more questions. :)
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These classes should really be for LEOs not citizens as the LEOs are the ones who interpret and enforce what they interpret of the law. A citizen could be the smartest person on earth, read CA law and do what they feel is legal by their interpretation and still go to jail because the LEO and judge interpreted the law a different way.
It feels like a no win situation in CA right now. Even if you spend hours researching your rights and the law, it can be all thrown out the window because a leftist judge and DA feel like sending you to jail.
 
Mike Hawk

Mike Hawk

New member
Joined
Nov 18, 2009
Messages
301
Location
San Pedro, CA, ,
Army said:
Be aware, San Pedro is LAPD territory.....and they don't like us :)
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How could you say that?! Last time they lavished you all with nice, shiny jewelry! :lol:
EDIT: BTW I believe that location is in Sheriff's territory, FWIW.
 
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Sons of Liberty

Sons of Liberty

Anti-Saldana Freedom Fighter
Joined
Mar 7, 2009
Messages
638
Location
Riverside, California, USA
cato said:
You know not of what you speak. CGF has never left one of us behind and has and is doing more then you may ever know. I hope someday you look back on your words with embarrassment and shame.

As for GFSZs don't try to find logic in the exemptions. You will find yourself in the clutches of the Ca. Criminal Court system.
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I know only what I know. Every time someone states what they know, a CGF-supporter comes back with "if only you knew!"

I will never look back on my words with embarrassment and shame because CGF chooses to create uninformed followers, who do not know, and I choose to base my positions on things that I know!

I refuse to follow an organization that shouts out, "Look at all of the good that we have done and are doing!", but says in the same breath "we can't tell you...just trust us."

The law says that "private property" is exempt. The legislature could have used "public places" but chose not to. The courts should not be allowed to so narrowly interpret the term. Courts should be giving the most favorable interpretation of "private property" to an accused since that is the phase that the law uses and the jury should hear the defense!
 
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