You cannot load-up to protect a car in your driveway no matter how far from a school!
General observation, cite the legal authorities that support your explanations. That way people can then read the actual laws, and not rely on your analysis of the laws.
Now my comments on two specific questions.
FUD. 626.9 provides an exception for possession on private property. People v. Tapia, 129 Cal. App. 4th 1153 (2005), held that a sidewalk did not constitute private property because the public held an easement on the sidewalk, which meant that the sidewalk was not exclusively private property. Tapia’s holding does not apply to driveways, over which there is no public easement. Your reference to fences is irrelevant because Tapia expressly considered and found inapplicable the "public place" definitions which your reference to a fence implicates. Moreover, the question does not state whether the handgun is holstered or in your hand – thus the question is ambiguous as to whether brandishing is a factor to be considered. The restraining order exception you identify allows a person to possess a firearm within the GFSZ even if the person is not on private property, in a residence, or in a place of business. Thus a person who reasonably believes he is in grave danger due to circumstances that led to the issuance of a current restraining order may escort his children onto school grounds while carrying a loaded firearm without violating section 626.9. Of course, reasonable belief is an issue of fact, so you can be arrested and prosecuted. So, not a good idea.
FUD. Poorly written question. Where? You’re telling me that my children cannot carry realistic looking cap guns in the home or in the backyard. Penal code section 12556 states that “No person may openly display or expose any imitation firearm, as defined in Section 12550, in a public place.” Accordingly, if you are not in a public place, openly carrying a realistic replica is fine. As already mentioned, carrying a concealed realistic replica is not prohibited. Furthermore section 12556 includes numerous exceptions (e.g. theatrical exhibitions, carrying with a permit in parades and fairs, carrying in areas where firearms may be lawfully discharged, etc.) which your question does not exclude. One of your questions was that “You can carry a loaded handgun in California.” Which is true in some, but not all places, in California. The same thing is true with respect to replicas.
Hello All,
The school portion of this question was a miss-direction play.
A person may not place themselves in harmsway to protect a piece of property. If you are in the car and somebody tries to car-jack you, you are in imminent danger of being killed or hurt; therefore, you may protect your car and PERSON with lethal force.
If you are in your store and somebody tries to loot your store during the Rodney King riots, you may protect yourself and your store. Civil unrest gives you more leeway to protect property.
If you are safely in your house, and a car thief is stealing your car, you may call the police. If you run outside and shoot the bastard, you will probably be prosecuted on several charges.
Remember, you can only shoot somebody who FORCIBLY enters your house. However, if the person walked in through an open door or window and then starts to rape your daughter, boy, or wife/husband, then you may shoot the BG.
There must be a threat to your life or someone elses life before you can protect property.
I had one of my work trucks ripped-off. I asked the cops what my options were if I had caught the bastard in the act. They said call the police. Legally, that is the best option. Personally, I would have used the three "S" theory. Ripping off a man's tools is like ripping-off a man's life; tools are his livelyhood.
You can attempt a citizens arrest, but if the BG goes violent on you, you may face charges because you placed yourself in harmsway.
My advice: Go to the closest window while remaining inside the house with a loaded gun and an unloaded gun (no mag or ammo attached). Next scream-out "I AM GOING TO SHOOT YOUR ASS" and then rack the slide on the empty gun*. When the cops come, don't tell them anything about the guns. If they ask, lie.
Am I screwed-up on this issue?
markm
* Note: I used this method once, and, IT WORKED REALLY WELL! THE PERP HAULED ASS! That distinctive sound at 0200 hours is actually quite loud. According to John Lott, about 80% of the time, the mere presence of a gun thwarts a crime.
