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PyroFox79
08-02-2010, 12:23 PM
So I have just returned from my local gun store and while checking out i saw and advertisement for a book that said something about living withing 1000 ft of a school. I currently live about 680 feet from a school according to google earth. My main question is that am i breaking the law having a gun in my home or only when it leaves my house? I am not all that worried but it is bothering me in the back of my head. Thank you.

ZenMasta
08-02-2010, 12:25 PM
When it leaves the door (unless your property is fully gated/locked) it needs to be in a locked container. Pistols and Rifles included.

PyroFox79
08-02-2010, 12:28 PM
So if I put it in my car while in my garage it doesnt have to be locked in a case. because i dont have a lockable case unless I can find a way to lock my bag.

Nick Justice
08-02-2010, 12:28 PM
Correct.

In your home is fine. But outside, in your yard or driveway, without a fence, it's public property, and it needs to be unloaded, in a locked container.

ZenMasta
08-02-2010, 12:31 PM
And by car I assume you mean trunk right?

Nick Justice
08-02-2010, 12:32 PM
Even though I know of no case law that says so, I would say that the garage is fine as well, as long as the door is closed. If you garage is a seperate structure (like mine), you may have to transport them in a locked container between the two. See one reason why the "school zone" law is so silly?

PyroFox79
08-02-2010, 12:33 PM
Ok that makes more sense. I find it odd how I would be breaking the law walking 20 feet to my car.

Nick Justice
08-02-2010, 12:34 PM
You and me both!!

ZenMasta
08-02-2010, 12:35 PM
odd, ridiculous, outlandish yep pretty much.

Decoligny
08-02-2010, 12:35 PM
Correct.

In your home is fine. But outside, in your yard or driveway, without a fence, it's public property a public place, and it needs to be unloaded, in a locked container.

There is a difference between "public property" and "a public place".

Public Property is property that is OWNED by the people. Most BLM lands are public property that is managed by the Feds.

A Public Place is any area, either publicly owned, or privately owned that is immediately accessible to the general public. If anyone walking down the sidewalk can walk into your front yard, it is a public place.

Nick Justice
08-02-2010, 12:36 PM
Very good correction. Thanks.

PyroFox79
08-02-2010, 12:37 PM
oh and yes by car i do mean put it in my trunk

paul0660
08-02-2010, 12:39 PM
Dumb, but easy to accommodate. Everyone should have a lockable container plan unless you plan on always leaving the gun at home. Even a soft backpack with a lock through the zipper tabs will do it.

PyroFox79
08-02-2010, 12:49 PM
Man this means I have to go find a lock that will fit the zipper tabs

Uriah02
08-02-2010, 12:56 PM
Ok that makes more sense. I find it odd how I would be breaking the law walking 20 feet to my car.

Because there might be an overzealous LEO and you live in the PRK. Probability is against it, but this is the situation.

PyroFox79
08-02-2010, 12:58 PM
Ya there is a douche cop that lives a few houses down and hates my car because its loud.

paul0660
08-02-2010, 12:59 PM
Probability is against it, but this is the situation.

Correct. It isn't the odds, it's the stakes.

safewaysecurity
08-02-2010, 12:59 PM
When it leaves the door (unless your property is fully gated/locked) it needs to be in a locked container. Pistols and Rifles included.

I don't think long guns need to be locked.... just pistols

paul0660
08-02-2010, 1:02 PM
The California school law says long guns do not have to be in a locked case. The Federal law does.

Decoligny
08-02-2010, 1:43 PM
I don't think long guns need to be locked.... just pistols

Federal Gun Free School Zone Act does not differentiate between long guns and hand guns.

They use the term "firearm"

From 18 USC 922 Unlawful acts:

...

It shall be unlawful for any individual knowingly to possess a firearm that has moved in or that otherwise affects interstate or foreign commerce at a place that the individual knows, or has reasonable cause to believe, is a school zone.

putput
08-02-2010, 1:48 PM
Just to clarify, it does not have to go in the trunk if it is in a locked case. Think SUV without a trunk...

oh and yes by car i do mean put it in my trunk

NightOwl
08-02-2010, 3:37 PM
Man this means I have to go find a lock that will fit the zipper tabs

Put a lock on a paper bag.

stix213
08-02-2010, 4:54 PM
If all you gun nuts could just keep from shooting children on your way to your car from your front door than none of these laws would be necessary.....

oh wait, that doesn't really happen....

NightOwl
08-02-2010, 5:43 PM
If all you gun nuts could just keep from shooting children on your way to your car from your front door than none of these laws would be necessary.....

oh wait, that doesn't really happen....

Of course it doesn't. There are laws, you know.

VAReact
08-02-2010, 6:03 PM
Maybe everyone's being a little too paranoid...:TFH:

Several years ago, I lived in an unincorporated (but VERY urban) part of LA county. I had just moved in to a rental across the street from an elementary school (I did not own guns at the time). The rental was a guesthouse in the back of the property that had a larger rental at the front of the property. The tenant up front was a very erratic woman that seemed to be drinking all the time (and it appeared was involved with other drugs as I found out later on). The second day I spoke with her, she was ranting and raving about the neighborhood being sketchy, and lifted up her shirt to show her gun tucked in the small of her back. I definitely felt uncomfortable, and that that display was inappropriate. I called LASD, and they totally blew the encounter off (SCHOOL ZONE!!!). Fortunately, the landlord took it a little more seriously and found a reason to evict her (he didn't have to look far). That woman was a nightmare, showing up wasted on my front porch asking for money, etc. -glad those days are past...

Fliggidy
08-02-2010, 10:56 PM
Man this means I have to go find a lock that will fit the zipper tabs

I went to Target and purchased a few of these locks...

http://cdn.dealsdirect.net/m/products/165/10165/1/product1_10165.jpg

the image is not exactly the one I got but similar type and paid less than $25 for 4 of them....

best thing is with the combo on the lock it's really easy to open...

and they do fit on zipper locks...

hope this helps....

Scratch705
08-02-2010, 11:01 PM
i live on the edge and carry my long guns from my front door to my trunk in non-locked cases!

freonr22
08-02-2010, 11:16 PM
Maybe everyone's being a little too paranoid...:TFH:

Several years ago, I lived in an unincorporated (but VERY urban) part of LA county. I had just moved in to a rental across the street from an elementary school (I did not own guns at the time). The rental was a guesthouse in the back of the property that had a larger rental at the front of the property. The tenant up front was a very erratic woman that seemed to be drinking all the time (and it appeared was involved with other drugs as I found out later on). The second day I spoke with her, she was ranting and raving about the neighborhood being sketchy, and lifted up her shirt to show her gun tucked in the small of her back. I definitely felt uncomfortable, and that that display was inappropriate. I called LASD, and they totally blew the encounter off (SCHOOL ZONE!!!). Fortunately, the landlord took it a little more seriously and found a reason to evict her (he didn't have to look far). That woman was a nightmare, showing up wasted on my front porch asking for money, etc. -glad those days are past...
was she hot?

Librarian
08-03-2010, 1:56 AM
Maybe everyone's being a little too paranoid...:TFH:

Several years ago, I lived in an unincorporated (but VERY urban) part of LA county. I had just moved in to a rental across the street from an elementary school (I did not own guns at the time). The rental was a guesthouse in the back of the property that had a larger rental at the front of the property. The tenant up front was a very erratic woman that seemed to be drinking all the time (and it appeared was involved with other drugs as I found out later on). The second day I spoke with her, she was ranting and raving about the neighborhood being sketchy, and lifted up her shirt to show her gun tucked in the small of her back. I definitely felt uncomfortable, and that that display was inappropriate. I called LASD, and they totally blew the encounter off (SCHOOL ZONE!!!). Fortunately, the landlord took it a little more seriously and found a reason to evict her (he didn't have to look far). That woman was a nightmare, showing up wasted on my front porch asking for money, etc. -glad those days are past...

If she were staying in her apartment/unit, school zone does not apply. Wandering around, near-certainly without CCW, outside her apartment is different.

Decoligny
08-03-2010, 6:56 AM
Maybe everyone's being a little too paranoid...:TFH:

Several years ago, I lived in an unincorporated (but VERY urban) part of LA county. I had just moved in to a rental across the street from an elementary school (I did not own guns at the time). The rental was a guesthouse in the back of the property that had a larger rental at the front of the property. The tenant up front was a very erratic woman that seemed to be drinking all the time (and it appeared was involved with other drugs as I found out later on). The second day I spoke with her, she was ranting and raving about the neighborhood being sketchy, and lifted up her shirt to show her gun tucked in the small of her back. I definitely felt uncomfortable, and that that display was inappropriate. I called LASD, and they totally blew the encounter off (SCHOOL ZONE!!!). Fortunately, the landlord took it a little more seriously and found a reason to evict her (he didn't have to look far). That woman was a nightmare, showing up wasted on my front porch asking for money, etc. -glad those days are past...

The case law that deals with "Public Area" deals with PC 12031 violations where the term "any public place in an incorporated city or prohibited area of unincorporated territory".

If this was not a prohibited area (shooting legal) then it would have been technically legal for her to have a loaded gun on private property even in a "public area".

Seeing as she was a renter, she has all the rights of a private property owner when it comes to concealed firearms on "her property".

So, there was most likely nothing the police could legally do about her having a loaded concealed handgun.

I would NOT recommend doing this however, due to the Theseus case, which shows that even when the law specifically exempts an action as legal, the DAs and Judges can and do make up the law as they see fit.