View Full Version : Legal question on emergency assistance

11-03-2009, 6:29 PM
Imagine the following theoretical but possible event:

I wake up in the middle of the night hearing a neighbor shouting for help.
I don't know if he/she is shouting for help because the house in on fire, or somebody tries to rob/kill her/her or whatever. I dial 911.

But let’s assume I live in a region where the police is probably not showing up within the next 10-20 minutes.

Would it be legal in that situation to walk to my neighbor’s house carrying a loaded gun on me (visible or concealed (without CCW))?
Let's assume it was just a little fire. I help the neighbor to extinguish it. In the meantime the cops show up and see my gun. Would I be in trouble?

11-03-2009, 6:37 PM
Yes, it would be legal to do that if you believe your neighbor or their property to be in immediate grave danger. PC 12031(j)(1) states this exception:

"Nothing in this section is intended to preclude the
carrying of any loaded firearm, under circumstances where it would
otherwise be lawful, by a person who reasonably believes that the
person or property of himself or herself or of another is in
immediate, grave danger and that the carrying of the weapon is
necessary for the preservation of that person or property. As used
in this subdivision, "immediate" means the brief interval before and
after the local law enforcement agency, when reasonably possible, has
been notified of the danger and before the arrival of its

12031 also says it is legal to carry a loaded firearm if you are attempting to make an arrest.

"Nothing in this section is intended to preclude the carrying
of a loaded firearm by any person while engaged in the act of making
or attempting to make a lawful arrest."


11-03-2009, 6:41 PM
Edit isn't working for me, so I'll add another post. Note that the 12031 exemptions are for loaded carry, and not necessarily concealed carry. Offhand, I can't think of a 12025 exemption that would allow you to carry concealed in this case.