ChickenFarmer
Regular Member
imported post
I was reading PC12031 again because of the man that is being charged in another firearms related thread on this board.
I am not sure of the situation, but that is not the topic of this thread.
This got me to wondering. I have heard of case law that determines a grocery store parking lot as being public place, but that does not mean that it is still not private property and therefore exempt.
The only way I can see is if the argument in the case law suggests that since the private property is ALSO a public place the loaded PC can be enforced. Does anyone know the case the dictates a public place and its relation to PC 12031?
I was reading PC12031 again because of the man that is being charged in another firearms related thread on this board.
I am not sure of the situation, but that is not the topic of this thread.
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.
(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.
(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.
This got me to wondering. I have heard of case law that determines a grocery store parking lot as being public place, but that does not mean that it is still not private property and therefore exempt.
The only way I can see is if the argument in the case law suggests that since the private property is ALSO a public place the loaded PC can be enforced. Does anyone know the case the dictates a public place and its relation to PC 12031?