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View Full Version : Open carrying/brandishing in my backyard ?


Tyson
03-08-2012, 6:57 PM
I live in a small city in the foothills. I was thinking with the nice weather and all it would to head out to my backyard to clean my handgun on my patio last week. I wanted some input as to legalities involved with this ? Am I in public with a gun ? Its my property my backyard. I do have 6 ft redwood fence surrounding me, its not as if I would be on the front porch where all my neighbors would see.

Also, what if in the night I wanted to investigate a noise in my backyard ? I head out with a loaded pistol in my backyard. Illegal ? I doubt I would do this but hey I want to know.

Thanks everyone.

Librarian
03-08-2012, 7:08 PM
Carrying a holstered handgun is NOT brandishing. Full stop.

There are some 'in public' issues with the front yard. Those seldom come up in back yards. See the wiki article -- http://wiki.calgunsfoundation.org/Unlicensed_Concealed_Carry

Tyson
03-08-2012, 7:30 PM
At Home

PC 12026 clearly exempts any homeowner or renter from the restrictions on carrying a loaded concealed weapon in their home or rental property. PC 12026 (b) states in relavent part:
No permit or license to ... carry, either openly or concealed,
shall be required of any citizen of the United States or legal
resident over the age of 18 years who resides or is temporarily
within this state ... who carries, either openly or concealed,
anywhere within the citizen's or legal resident's place of residence,
... or on private property owned or lawfully possessed by the
citizen or legal resident any pistol, revolver, or other firearm
capable of being concealed upon the person.


Bingo! thanks Librarian.

It sounds as if I could carry openly/concealed to the perimeter of my property. (I have no intention of doing this relax people) did I miss something anyone ?

SVT-40
03-08-2012, 7:31 PM
If your backyard is "fully fenced" then your not "in public" You are also not in an area open to the public so as long as you don't go pointing your firearm at the neighbor in her second story window or other similar stupid act, your perfectly legal.

SVT-40
03-08-2012, 7:34 PM
At Home

PC 12026 clearly exempts any homeowner or renter from the restrictions on carrying a loaded concealed weapon in their home or rental property. PC 12026 (b) states in relavent part:
No permit or license to ... carry, either openly or concealed,
shall be required of any citizen of the United States or legal
resident over the age of 18 years who resides or is temporarily
within this state ... who carries, either openly or concealed,
anywhere within the citizen's or legal resident's place of residence,
... or on private property owned or lawfully possessed by the
citizen or legal resident any pistol, revolver, or other firearm
capable of being concealed upon the person.


Bingo! thanks Librarian.

It sounds as if I could carry openly/concealed to the perimeter of my property. (I have no intention of doing this relax people) did I miss something anyone ?

Not to the "perimeter" of your property, unless that property is fully fenced locked and gated, and not a area "open to the public" such as your unfenced front yard.

2nab
03-08-2012, 7:39 PM
If your visible to public your subject to scrutiny. That doesnt mean you've broken the law but at the same time dont act surprised when your nosey neighber calls 911 to report their observation. The police will not know who you are and you may end up face down in your yard with a pistol in your ear, until they determine you are not a threat. I'm not implying they would be out of line, they are just doing their job, responding to a crazy neighbors call. When its done they will shake your hand and ask you to be more discrete or to have a discussion with your neighbors and set them at ease. Backyard out of sight, good to go. Front yard or in plain view you may have an interesting experience.

Ziggy91
03-08-2012, 7:49 PM
I clean my "toys" in the backyard after every trip to the range. Whether the neighbors don't care or are too afraid, I don't know... but still no harassment.... yet.

The gentleman above me stated that police may enter the property if they get any "serious" calls... I'm just waiting for one of the locals to try and climb my fences and get over without hurting themselves. Getting a surveillance system together might just be worth it :D

Tyson
03-08-2012, 7:50 PM
ahh I just read some more on People v Overturf.

Semi Public Places:

But in Overturf, the court held that the common areas of an apartment complex was a public place and thus Mr. Overturf couldn't carry a loaded firearm even though Mr. Overturf was the landlord of the apartment complex.

People v. Strider
In People v. Strider (2009) 177 Cal.App.4th 1393 the California Appellate Court ruled that a front yard surrounded by a fence and gate was not a public place for the purposes of PC 12031.


I've learned something today, maybe this may help others as well.

donw
03-09-2012, 6:06 AM
Sam Colt and his 7 buddies accompany me on my property all the time...usually concealed. we have some, shall we say, questionable characters, roaming the dirt road i live on at times.

just recently, a 'nut case' was roaming up and down the road with a rifle slung over his shoulder screaming loudly, incoherently. when i asked him what the problem was and if i could help him he said "No, i ran out of gas and i'm shouting so my girlfriend can find me with some gas." minutes later, after i went back into our house, a burst of semi-auto fire...the local sheriff then showed up, took him down and arrested him.

doggone right i carry on my own property...

if they get by the "Ruger" (Our 100lb Rottweiler) then they gotta contend with the colt...

when seconds count, the police are minutes away...especially where i live...

haole_50
03-09-2012, 6:32 AM
That brings up another STICKY issue. Yes, you have your back-yard fenced, and you are out of the eye of the public, BUT what about the "NOSY COPS in COPTERS" and such, like the "soon, coming to your neighborhood-global hawk spy aircraft"? My airspace, you should not be peeping down on my missile battery.

Jeepergeo
03-09-2012, 7:32 AM
That brings up another STICKY issue. Yes, you have your back-yard fenced, and you are out of the eye of the public, BUT what about the "NOSY COPS in COPTERS" and such, like the "soon, coming to your neighborhood-global hawk spy aircraft"? My airspace, you should not be peeping down on my missile battery.

Makes me think back to that guy in Long Beach, sitting on his back porch, a bit tipsy, and holding the hose nozzle. Things did not end well for him...no warning call, just a fusliade of bullets from the police that had surrounded him based on a call from a neighbor.

A-J
03-09-2012, 7:33 AM
That brings up another STICKY issue. Yes, you have your back-yard fenced, and you are out of the eye of the public, BUT what about the "NOSY COPS in COPTERS" and such, like the "soon, coming to your neighborhood-global hawk spy aircraft"? My airspace, you should not be peeping down on my missile battery.

Not really applicable, since the circumstances of being in an enclosed back yard still qualifies as "not in public."

Wrangler John
03-09-2012, 9:56 AM
I blocked the view to my rear patio so the neighbor's to the rear can't see me cleaning rifles on the table. There is a crew building a new house directly behind my property line, if the workers were standing on the scaffolding they might see a rifle on the table. Although surrounded by two fences, a 6' chain link and 6' redwood, they might feel uncomfortable with a "sniper" rifle in view. Beside the possibility of a call to the police, I don't want transient construction workers to know that firearms are available at my home. Out of sight, out of mind.

EXTRA300
03-10-2012, 1:49 AM
Makes me think back to that guy in Long Beach, sitting on his back porch, a bit tipsy, and holding the hose nozzle. Things did not end well for him...no warning call, just a fusliade of bullets from the police that had surrounded him based on a call from a neighbor.

I was thinking this exactly...

motorhead
03-10-2012, 11:35 AM
the law seems to hinge on access. if someone can wander in, it appears to be considered public, ownership aside. unless you're trying to make a statement, it would be best to proceed with caution if you're not on good terms with any neighbors who might see it. bear in mind, the word GUN in a 911 call sets many unwanted things in motion. not saying it SHOULD be this way, just that it is and we have to deal with it.