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wertperch
06-03-2012, 6:48 PM
Not that I have a handgun yet, I only just purchased my first rifle (http://everything2.com/user/wertperch/writeups/June+4%252C+2012).

I was talking with a local friend, who advised me that while it would be legal to openly carry a loaded pistol in my home/grounds/campsite, it would be illegal to carry a concealed weapon without a CCW even in my own home.

I understand from California law (http://www.devittlaw.com/crimes-a-to-z/gun-issues/) that a person is not prohibited from "...carrying a firearm while at home or at his place of business, including temporary residences and campsites."

This does not state explicitly whether open or concealed carry. Any thoughts for this bewildered firearms newbie?

Bug Splat
06-03-2012, 6:53 PM
Welcome to Calguns.

Sure, carry how you want at home.

g_conway
06-03-2012, 6:55 PM
Not that I have a handgun yet, I only just purchased my first rifle (http://everything2.com/user/wertperch/writeups/June+4%252C+2012).

I was talking with a local friend, who advised me that while it would be legal to openly carry a loaded pistol in my home/grounds/campsite, it would be illegal to carry a concealed weapon without a CCW even in my own home.

I understand from California law (http://www.devittlaw.com/crimes-a-to-z/gun-issues/) that a person is not prohibited from "...carrying a firearm while at home or at his place of business, including temporary residences and campsites."

This does not state explicitly whether open or concealed carry. Any thoughts for this bewildered firearms newbie?

Open or concealed is up to you in the home. But would be a good idea to avoid scaring whoever is at the door when you answer it. JMO
Campsites and the like you probably cant carry anymore as "open carry" has been outlawed in CA. The law relates to your ability to have a gun at those sites, not the ability to wear it without a LTC.

adrenaline
06-03-2012, 6:55 PM
If you aren't free in your own home, this country has really gone to sh*t. Carry as you like...and be safe!

welchy
06-03-2012, 6:55 PM
Your friend doesn't know what he is talking about. Don't go out your front door though.

wertperch
06-03-2012, 7:26 PM
...not only that, but it's what I thought.

cebuvfr
06-03-2012, 8:09 PM
Welcome aboard!

Arkangel
06-03-2012, 8:33 PM
You should tell your friend about Calguns....

rob474
06-03-2012, 8:48 PM
welcome aboard. cali laws can be confusing so do lots of reading

wertperch
06-03-2012, 8:49 PM
You should tell your friend about Calguns....
I will hopefully be seeing him in the next couple of days, am hoping to have him coach me at the range. I will tell him, of course.

Manolito
06-03-2012, 9:02 PM
Welcome and please get some professional training. Not because your friend is not a good person but because a good foundation can prepare you for a safe and rewarding hobby of firearms.

What rifle did you buy as your first. What type of shooting do you like to watch and persue?

The one thing about shooting is you are the one responsible for the good hits as well as the bad. This is a very individual sport and very rewarding in my opinion.

pyromensch
06-03-2012, 9:37 PM
think about it...first, to come into your home, the "authorities", need, either, have a warrant, probable cause, or to be in pursuit.....you can walk around naked, with a concealed firearm, if you want to, (in your home), (and i don't want to know how you would do that!, BTW)

MossbergMan
06-03-2012, 10:06 PM
think about it...first, to come into your home, the "authorities", need, either, have a warrant, probable cause, or to be in pursuit.....you can walk around naked, with a concealed firearm, if you want to, (in your home), (and i don't want to know how you would do that!, BTW)

I know exactly how and where to hide a gun if you're naked, but I understand it's really uncomfortable to sit down.
If your neighbors see you, say dry practicing, as they did a friend of mine in front of an open front window...expect a visit from the local LE.`NOthing happened, the RCSO just looked at his open class gun and asked him questions about USPSA competition and to close his shades. I CCW around my home.

CZ9
06-03-2012, 11:09 PM
Kinda on the same topic, what about inside you own garage? With the door open?

disturbed1
06-03-2012, 11:38 PM
I have a huge fence clsoing off my property from the front of the house. Can I open carry all over me driveway and front yard since it is closed off to the public and can only be accessed by opening the front gate or front gate door?

adrenaline
06-04-2012, 4:12 AM
I'm not a legal expert, but if you are caught with a loaded firearm up to your property line....you can say, "I thought there was an intruder and I was seeking to eject that trespasser from my property."

Criminal Law: 3475. Right to Eject Trespasser From Real Property (http://www.justia.com/criminal/docs/calcrim/3400/3475.html)

Other than that, if you are simply doing the yard or something, I would hope that your scenario would allow you the privacy to do so. However, I'll wait till someone like Librarian chimes in. ;)

m98
06-04-2012, 4:40 AM
Campsites and the like you probably cant carry anymore as "open carry" has been outlawed in CA. The law relates to your ability to have a gun at those sites, not the ability to wear it without a LTC.

Can you or anyone site this to the actual regs? Loaded open carry on campsite illegal the same as just open carrying? I doubt it applies on an establish camp site out in the boonies.

adrenaline
06-04-2012, 4:54 AM
Can you or anyone site this to the actual regs? Loaded open carry on campsite illegal the same as just open carrying? I doubt it applies on an establish camp site out in the boonies.I'm curious about this too. I've always seen myself and family as my castle (not the walls of a property that I own). When I stay at hotels, I always have a firearm with me. I assume it is the same as at a campsite.

It is easier with me, however, since I have my CCW/LTC.

socalbowhunter
06-04-2012, 6:04 AM
Campsites and the like you probably cant carry anymore as "open carry" has been outlawed in CA. The law relates to your ability to have a gun at those sites, not the ability to wear it without a LTC.

You CAN carry concealed or open in at your campsite, so long as firearms are legal in the area. If you're camping in a State Park, no firearms are legal no matter what, but if you are camping on land that it is legal to possess a firearm, you can carry AT your CAMPSITE.

p1choco
06-04-2012, 9:49 AM
I don't remember where I read it. But I remember reading that you can open/conceal carry on your property or the property that you are renting (house w/yard for example) as long as there is fence or gate or something that identifies the property line.

troysland
06-04-2012, 9:56 AM
Yes, absolutely!

12026. (a) Section 12025 shall not apply to or affect any citizen of the United States or legal resident over the age of 18 years who resides or is temporarily within this state, and who is not within the excepted classes prescribed by Section 12021 or 12021.1 of this code or Section 8100 or 8103 of the Welfare and Institutions Code, who carries, either openly or concealed, anywhere within the citizen's or legal resident's place of residence, place of business, 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. (b) No permit or license to purchase, own, possess, keep, or 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, and who is not within the excepted classes prescribed by Section 12021 or 12021.1 of this code or Section 8100 or 8103 of the Welfare and Institutions Code, to purchase, own, possess, keep, or carry, either openly or concealed, a pistol, revolver, or other firearm capable of being concealed upon the person within the citizen's or legal resident's place of residence, place of business, or on private property owned or lawfully possessed by the citizen or legal resident.

Budd
06-04-2012, 10:19 AM
^^ this. And your campsite is your temporary residence so you can carry there as well - unless otherwise prohibited.

p1choco
06-04-2012, 10:37 AM
I may be confusing something else I read about what defines the property in a self-defense situation with a trespasser.

Librarian
06-04-2012, 11:40 AM
Much of this is covered at the wiki -- http://wiki.calgunsfoundation.org/Unlicensed_Concealed_Carry

There's no part of PC that says 'it is legal to carry in your camp site'; for the duration of your ordinary occupation, a camp site is both your temporary 'place of residence' and 'property owned or lawfully possessed'.

That said, in a multi-site location, a 'camp site' should not be thought to include 'the whole camp ground' any more than 'your home' should be thought to include 'the whole neighborhood'.

emsalex
06-04-2012, 1:54 PM
There is also this
http://www.calguns.net/calgunforum/showthread.php?t=186457

Last time I camped I had to keep my rifle in my tent or car unlaoded and not made ready for use.

wertperch
06-07-2012, 8:33 PM
Welcome and please get some professional training. Not because your friend is not a good person but because a good foundation can prepare you for a safe and rewarding hobby of firearms.

What rifle did you buy as your first. What type of shooting do you like to watch and persue?

The one thing about shooting is you are the one responsible for the good hits as well as the bad. This is a very individual sport and very rewarding in my opinion.

It's going to be a while before I get a handgun, largely for financial reasons.

As for the rifle, well I went the traditional route and bought a 10/22, and have been learning a great deal as well as having a lot of fun. As a total newcomer to the whole world of firearms, I have a lot to learn - one reason I joined up here, to be honest.

I have actually been writing some about my shooting experience - the latest of which is here (http://everything2.com/user/wertperch/writeups/June+4%252C+2012).

So far have put 250 rounds through it. There will be more.

Agent 0range
06-07-2012, 9:22 PM
Welcome to Calguns! Good choice on the 10/22. Great place to start and learn the basics. But beware...guns tend to multiply rapidly! Good luck and be safe.

wertperch
06-07-2012, 9:24 PM
Thanks. Sadly the only things likely to multiply are bills!

wertperch
06-08-2012, 7:02 AM
You really want someone coaching you when he has already proven that he doesn't know what he's talking about? :confused:

He can shoot. He hunts, does not own a handgun, is not a lawyer. I trust him to shoot, and coach me.

CK_32
06-08-2012, 9:07 AM
I open carry my AR Glock17 and my 870 at home with my tac vest and do combat roles all day. Not really but if I wanted to it would be legal lol

Just remember "Never reinact scenes from platoon with Charlie Sheen."

fizux
06-08-2012, 9:17 AM
^^ this. And your campsite is your temporary residence so you can carry there as well - unless otherwise prohibited.

Just be careful if you camp with an RV - in that case, I've seen it treated as a "vehicle" and not as a "residence." The last time I looked into that issue was several years ago, so there may be more recent case law.

paul0660
06-08-2012, 9:25 AM
He can shoot. He hunts, does not own a handgun, is not a lawyer. I trust him to shoot, and coach me.

The advice for him to join Calguns is warranted. Then he can be a knowledgeable coach.

Btw, many lawyers know snot about gun law. Some advertise their ignorance on their websites.

someR1
06-08-2012, 9:35 AM
I know you can open carry or conceal carry INSIDE your home.

But what about OUTSIDE on your front lawn, on your porch, or in the back yard ????

heyitsmyname
06-08-2012, 9:42 AM
I know you can open carry or conceal carry INSIDE your home.

But what about OUTSIDE on your front lawn, on your porch, or in the back yard ????

12026. (a) Section 12025 shall not apply to or affect any citizen of the United States or legal resident over the age of 18 years who resides or is temporarily within this state, and who is not within the excepted classes prescribed by Section 12021 or 12021.1 of this code or Section 8100 or 8103 of the Welfare and Institutions Code, who carries, either openly or concealed, anywhere within the citizen's or legal resident's place of residence, place of business, 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. (b) No permit or license to purchase, own, possess, keep, or 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, and who is not within the excepted classes prescribed by Section 12021 or 12021.1 of this code or Section 8100 or 8103 of the Welfare and Institutions Code, to purchase, own, possess, keep, or carry, either openly or concealed, a pistol, revolver, or other firearm capable of being concealed upon the person within the citizen's or legal resident's place of residence, place of business, or on private property owned or lawfully possessed by the citizen or legal resident.

Sent from my LG-P999 using Tapatalk 2

someR1
06-08-2012, 9:46 AM
12026.

thank you ....that's what I thought :)

jflores37
06-08-2012, 11:45 AM
Just be careful if you camp with an RV - in that case, I've seen it treated as a "vehicle" and not as a "residence." The last time I looked into that issue was several years ago, so there may be more recent case law.

i was gonna ask about the situation involving an RV. my dad technically lives in one. i know...living in a vehicle on the streets in Los Angeles County may not be legal to begin with...but...it is what it is....tons of people do. most times they blend in right in front of us. anyway....he recently bough a Ruger 10/22...just to feel safer. he's very experienced with firearms...former military....but he isn't sure of the legal issues when it comes to his "home"....the RV. can he legally have it in there at all times? does it have to be unloaded? it's registered in his name....he has the paperwork with him...he just isn't sure if it's gonna be a problem. if law enforcements ever stops and asks if he has any weapons...he will be up front and let them know that he does...but...what problems might he face? any ideas?

Librarian
06-08-2012, 11:51 AM
I know you can open carry or conceal carry INSIDE your home.

But what about OUTSIDE on your front lawn, on your porch, or in the back yard ????

12026. (a) Section 12025 shall not apply to or affect any citizen of the United States or legal resident over the age of 18 years who resides or is temporarily within this state, and who is not within the excepted classes prescribed by Section 12021 or 12021.1 of this code or Section 8100 or 8103 of the Welfare and Institutions Code, who carries, either openly or concealed, anywhere within the citizen's or legal resident's place of residence, place of business, 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. (b) No permit or license to purchase, own, possess, keep, or 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, and who is not within the excepted classes prescribed by Section 12021 or 12021.1 of this code or Section 8100 or 8103 of the Welfare and Institutions Code, to purchase, own, possess, keep, or carry, either openly or concealed, a pistol, revolver, or other firearm capable of being concealed upon the person within the citizen's or legal resident's place of residence, place of business, or on private property owned or lawfully possessed by the citizen or legal resident.

Sent from my LG-P999 using Tapatalk 2

It isn't that easy.

Courts have said that parts of your property that you cannot close off and deny entry to are 'public' for purposes of carrying guns.

See the wiki, especially the part about People vs Strider -- http://wiki.calgunsfoundation.org/Unlicensed_Concealed_Carry

Caribouriver
06-08-2012, 11:53 AM
wertperch:Welcome to calguns. I have learned so much here and received enormously useful advice. True, firearm ownership is a hefty responsibility but with the responsibility comes great satisfaction. Not long ago I read that the British Pistol Team has to go to Switzerland to practice because of Britain's gun laws. If that is true, all the more reason to welcome you!

wertperch
06-08-2012, 1:14 PM
wertperch:Welcome to calguns. I have learned so much here and received enormously useful advice. True, firearm ownership is a hefty responsibility but with the responsibility comes great satisfaction. Not long ago I read that the British Pistol Team has to go to Switzerland to practice because of Britain's gun laws. If that is true, all the more reason to welcome you!

Well in the UK, firearms ownership has been much harder since the Hungerford shootings. These days the only way to own a weapon is to a) be a farmer (and you still have to apply for a licence! from the local police) or b) be a member of a shooting club (and even then, I believe that it's .22 only, and the guns have to stay at the club).

Even in California, gun ownership is a relative breeze! I'm having a lot of fun, learning a lot and hoping to learn even more. One day I will have 1" groups - hopefully before I'm too old - 50-odd is quite late to start to learn by US standards, I guess. :oji:

Sunday
06-08-2012, 8:41 PM
If you aren't free in your own home, this country has really gone to sh*t. Carry as you like...and be safe! We are getting there quicker than you can imagine!!!