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Thread: Loaded at home?

  1. #1
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    Loaded at home?

    12026 allows for concealed and open carry at your house/busines/etc. but does it allow for loaded carry in those places or does it need to be unloaded like in all transport and open carry situations?
    Thanks

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    Campaign Veteran marshaul's Avatar
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    Quote Originally Posted by yawn View Post
    12026 allows for concealed and open carry at your house/busines/etc. but does it allow for loaded carry in those places or does it need to be unloaded like in all transport and open carry situations?
    Thanks
    Generally it can be loaded, but if you live in San Francisco it must be unloaded and locked, or carried (only within your curtilage, of course). There may be other places with similar ordinances.

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    State Pioneer ConditionThree's Avatar
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    I carry loaded and exposed at my home all the time. But I do live in unincorporated territory where discharge is not prohibited by local ordinance and my property is restricted access via a locked gate.
    New to OPEN CARRY in California? Click and read this first...

    NA MALE SUBJ ON FOOT, LS NB 3 AGO HAD A HOLSTERED HANDGUN ON HIS RIGHT HIP. WAS NOT BRANDISHING THE WEAPON, BUT RP FOUND SUSPICIOUS.
    CL SUBJ IN COMPLIANCE WITH LAW


    Support the 2A in California - Shop Amazon for any item and up to 15% of all purchases go back to the Calguns Foundation. Enter through either of the following links
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    Regular Member Decoligny's Avatar
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    Quote Originally Posted by ConditionThree View Post
    I carry loaded and exposed at my home all the time. But I do live in unincorporated territory where discharge is not prohibited by local ordinance and my property is restricted access via a locked gate.
    PC 12031 deals with loaded guns. It has an exception for in you own residence, or even in a temporary residencd like a hotel.

    PC 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.

  5. #5
    Campaign Veteran marshaul's Avatar
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    Quote Originally Posted by Decoligny View Post
    PC 12031 deals with loaded guns. It has an exception for in you own residence, or even in a temporary residencd like a hotel.

    PC 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.
    Thanks for the cite.

    Also, in case you do live in San Francisco, the following is the ordinance I mentioned earlier:

    http://search.municode.com/html/1414...IWEVIPROR.html

    SEC. 4512. - HANDGUNS LOCATED IN A RESIDENCE TO BE KEPT IN A LOCKED CONTAINER OR DISABLED WITH A TRIGGER LOCK.

    (a) Prohibition. No person shall keep a handgun within a residence owned or controlled by that person unless the handgun is stored in a locked container or disabled with a trigger lock that has been approved by the California Department of Justice.

    ...

    (c) Exceptions. This Section shall not apply in the following circumstances:
    (1) The handgun is carried on the person of an individual over the age of 18.
    (2) The handgun is under the control of a person who is a peace officer under Penal Code Section 830.
    Doesn't specifically prohibit loaded, but to be in compliance a safe or similar would have to be used to lock a loaded gun (other types of locks are either incompatible or unsafe with a loaded gun). The law may be in compliance with Heller as it allows you to have a weapon ready for home-defense, but it must be carried.

    Also note that, apparently, the children of LEOs are much smarter than other children, as LEOs are exempted for this child-saving () regulation.

    I only bring this up because your location is not listed.
    Last edited by marshaul; 01-16-2011 at 11:42 PM.

  6. #6
    State Pioneer ConditionThree's Avatar
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    Quote Originally Posted by Decoligny View Post
    PC 12031 deals with loaded guns. It has an exception for in you own residence, or even in a temporary residencd like a hotel.

    PC 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.
    While I didnt mention it specifically, I carry loaded not only inside my home, but while I am outdoors doing chores like yard work.
    New to OPEN CARRY in California? Click and read this first...

    NA MALE SUBJ ON FOOT, LS NB 3 AGO HAD A HOLSTERED HANDGUN ON HIS RIGHT HIP. WAS NOT BRANDISHING THE WEAPON, BUT RP FOUND SUSPICIOUS.
    CL SUBJ IN COMPLIANCE WITH LAW


    Support the 2A in California - Shop Amazon for any item and up to 15% of all purchases go back to the Calguns Foundation. Enter through either of the following links
    www.calgunsfoundation.org/amazon
    www.shop42a.com

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    thanks all for the info... I did notice the citation of propperty, and not just indoors... I probably wouldn't conceal carry/carry loaded on my lawn because of my propensity to not think about it and step onto the curb. But, going from my office my works main building would be legal and I could see me doing this. As for the SF law, is this really all that different then Cali state law. It basically means that you cannot leave your unloaded gun lieing around, which you can in the rest of California. Wait! Does this mean that handgun owners cannot clean their guns in SF?

    Any other towns/counties have any restrictions like this?

  8. #8
    Regular Member Decoligny's Avatar
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    San Francisco's ordinance is clearly unconstituional per Heller.

    Concealed is fine in your own yard, loaded and concealed may still get you in trouble. PC 12031 still applies if your front yard is in an incorporated city and not fenced in.

    Case law has ruled that an unfenced front yard is considered "a public area" as noted in PC 12031.

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    Cool

    Loaded, holstered, concealed and enjoying Conan (not the Barbarian) on TV. If you are at home, and all your hardware is in the safe - you are just as vulnerable as when walking through a GFSZ...

    Carry On!

    Livermoron

  10. #10
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    Quote Originally Posted by Livermoron View Post
    Loaded, holstered, concealed and enjoying Conan (not the Barbarian) on TV. If you are at home, and all your hardware is in the safe - you are just as vulnerable as when walking through a GFSZ...

    Carry On!

    Livermoron
    One thing you can do if a gun safe is the only safe place you have in your home to store your weapons away from children who you fear may be a danger to themselves or others if they do access those weapons, is to have your combination already worked through the sequence such that you only have to go to the last number of the combo in order to open your safe. Check it regularly so you know it hasn't been reset due to someone meddling with it so if any emergency does happen, you know you can still have quick access into your safe. You can even attach a little light to the outside of the safe in case you have to access it in the dark.

  11. #11
    Regular Member Beau's Avatar
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    You guys are awesome. I don't know how you put up with and wade through all the lame laws CA has. Just wanted to commend you guys for fighting the fight while under such tyranical rule.

    I had never even heard of UOC until I found this site. I couldn't imagine carrying without one in the chamber.
    Colorado Gun Owners - COGO
    http://www.ColoradoGunOwners.com

    A discussion forum for Colorado Gun Owners.

    Colorado Firearm law.
    http://www.lexisnexis.com/hottopics/colorado/
    Lexis Nexis: Colorado law pertaining to firearms.
    Title 18, Article 12

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