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View Full Version : ULC / LCC in my home / backyard within 1000 ft of school -- legal questions


JeremyS
07-31-2011, 7:05 PM
So as we all know, open carry is illegal within 1000 feet of a school. My house is a few hundred feet from a public grade school.

I'll do what I please inside of my own home, of course! BUT... am I cool to concealed carry when I'm in my backyard? Or open carry in my backyard? Loaded open carry?

There's a ~ 7 foot tall fence surrounding my yard, and you cannot see into my yard from anywhere on the school property. Although I can actually see the fenced yard where the kids play at recess, because it's raised on a hill maybe 30 feet higher than the surrounding properties including mine, they have screening up on the fence to obscure it from sight and therefore they can't see out of it and onto my property either. No neighbor can see into my yard.

I've learned that concealed carrying on my front property is illegal even though it's my private property, because it's visible to "the public" and therefore is considered public for this purpose.

Anyway, obviously, the question here is does the 1000 foot rule outweigh CA stating that you are allowed to carry on your property or at your place of business?

Thanks.


Jeremy

RoundEye
07-31-2011, 7:14 PM
You're good anywhere on private property as long as it is not generally excessible to the public. So for instance if your front yard had a inclosed fence, then you would be ok school zone or not. The same applies to your backyard . If there is a fence around the property that cannot be accessed (without trespassing of course) then you're good to go.

That is my understanding at least, I am sure someone here will speak up if I misstated something.

unusedusername
07-31-2011, 7:49 PM
Visable to the public is irrelavant. Open to the public (accessable) is the key word...

If there is a barrier preventing public access, then carry behind the barrier is OK. Carry (loaded, concealed) outside the barrier is NOT ok.

The 1000' rule does not apply on your own (owned or rented) property behind a barrier that prevents access to the public.

Rallyfan
07-31-2011, 8:20 PM
Could someone clafiry:

Is the OP being OK to carry a locked container with his sidearm inside from the curb to his house?

Thanks.

JanG
07-31-2011, 9:16 PM
unloaded in a locked container qualifies as an approved method of transport

Rallyfan
07-31-2011, 9:29 PM
Thanks.

JeremyS
07-31-2011, 10:24 PM
I'd assume if it's legal (which it is) to drive around with it in a car like that, check it onto an airplane like that, keep it in my campsite in a state park where loaded firearms and shooting are prohibited, etc, then it's legal to carry across my sidewalk like that. I mean, if it were illegal then CA would effectively be prohibiting firearms ownership for everyone who lives within 1000 feet of a school who has to walk over 'public' property to get to their house (which I do. I live in San Francisco and if I'm not parking in my detached garage, which opens to the sidewalk, I'm parking on the street in front of my house and crossing the sidewalk to the ~22 stairs that go up to my front door).

...glad you posted it though, because I've never actually thought about it. I've stood on the sidewalk talking with neighbors while holding gun cases in my arms -- coming back from camping, sporting clays, the range, etc -- and never thought twice about it...



Thanks for the info on the physical barrier vs. visibly open, guys!

JeremyS
07-31-2011, 10:38 PM
Okay, guess what? Let's make it more complicated!

I've attached a picture from Google street view of the front of my house (NRA decal on my Pathfinder :p ), which is the one at the top of the brick staircase with the tiered garden.

* Is a staircase considered a barrier to the public?
* Is the 4-foot-tall brick wall at the edge of the sidewalk, holding up the bottom tier of the garden, a barrier to the public?
* Is the white, iron railing that you can see on the left side of the staircase, blocking the stairs from the garden, a barrier to the public?

Questions that come from the answers to the above:
* if I put a gate at the bottom stair, could I then carry concealed anywhere on my front property since public access should be considered 'barriered'?
* assuming the staircase itself is not a barrier, can I currently carry concealed in the tiered garden itself, since there are barriers to entry into it around the whole thing (there are iron railings at the top, and there is no access to the side near by neighbor's house thanks to his fence and a large drop between the two levels)?


Thanks. Good stuff :)


http://www.calguns.net/calgunforum/attachment.php?attachmentid=108606&d=1312180706

Merovign
08-01-2011, 7:11 PM
1) Put the gate in.

2) If you OC there will be comments, questions, and maybe trouble. I'd just go concealed in my yard.

3) I would not put a picture of my house on the internet. Or my car, especially in front of my house.

Remember, the internet is a dark alley.

Riodog
08-01-2011, 7:16 PM
HEY, I know that place. Got anything good in there?
Rio

JeremyS
08-01-2011, 8:32 PM
Keep in mind that this photo is already on the internet and anybody anywhere can view it on Google Street View ;)

I've got a nice smoker in the back (made some beef ribs today), but I'm really not sure trying to steal it would be worth risking the storm of lead to get to it. I'm sure my '97 Pathfinder is very enticing though.

Anyway without an address or license plate visible, I encourage you to print the photo and drive around San Francisco until you find my house. I'll give you $20 if you show up at my door!


Thanks for the posts :)

Librarian
08-01-2011, 8:32 PM
With that little front yard, this is interesting?

The gate would probably help; can't answer the other conditions, not sure.

But if you were to carry in your front yard, seems as if only your neighbors upstairs would see.

JeremyS
08-01-2011, 8:58 PM
Front 'yard' is visible to the street and from the sidewalk on both sides of the street. It's a fairly busy street. Back yard is private.

At any rate, I'm not too concerned about that -- it was really about the school that I can see from my back yard and knowing that I am well, well within 1,000 feet. BG's like to run through back yards, jumping fences, in this neighborhood after popping their buddy BG's with their gangsta shooting skillz and I sometimes like to carry (concealed) on my property, within the limits of the law (of course).

Glad to hear that the school doesn't prohibit me from doing this at my own home...