Calguns.net  

Home My iTrader Join the NRA Donate to CGSSA Sponsors CGN Google Search
CA Semiauto Ban(AW)ID Flowchart CA Handgun Ban ID Flowchart CA Shotgun Ban ID Flowchart
Go Back   Calguns.net > POLITICS, LITIGATION AND ACTIVISM > California 2nd Amend. Political Discussion & Activism
Register FAQ Members List Calendar Mark Forums Read

California 2nd Amend. Political Discussion & Activism Discuss gun rights activism and 2A related political topics here. All advice given is NOT legal counsel.

Reply
 
Thread Tools Display Modes
  #1  
Old 07-06-2010, 10:44 AM
littleredrooster679's Avatar
littleredrooster679 littleredrooster679 is offline
Junior Member
 
Join Date: Jul 2010
Location: Southern CA
Posts: 6
iTrader: 0 / 0%
Default CA legal weapons in my home!??

Guys & Gals,

I'm new here... pardon me if this has been brought up already!

I'm Active Duty Army, retiring in a month. My wife and I purchased a house in Southern California where we will live... I'm from Florida, where laws are much, much more "lax" than here in CA.

My question is I'm just wondering what the law is on CARRYING IN MY OWN HOME and on my OWN PROPERTY. Am I able to carry my handgun, loaded/in holster, on my hip while in my yard (where I'm visible to others)??

Also, are there "rules" on how I may carry or store firearms INSIDE my home?

I won't get into details, but I have a HIGHLY "good reason" for ensuring that my home and family are protected.

I will be applying for CCW as well.

Any knowledgeable advice is highly appreciated !!! Thanks in advance.
Reply With Quote
  #2  
Old 07-06-2010, 11:08 AM
adamsreeftank's Avatar
adamsreeftank adamsreeftank is offline
Senior Member
 
Join Date: Jan 2006
Posts: 2,265
iTrader: 28 / 100%
Default

I'm sure others will fill you in on the legal issues, but my advice would be to not carry openly where others can see you. Even if it might be legal to carry in your front yard, you might still get a visit by the PD. I think even your yard may not be OK if it is not fenced off. I think there have been some people who ran into trouble doing that.

I would only recommend carrying concealed on your property where your neighbors could see you.
Reply With Quote
  #3  
Old 07-06-2010, 11:10 AM
NightOwl NightOwl is offline
Senior Member
 
Join Date: Jan 2010
Location: California
Posts: 587
iTrader: 0 / 0%
Default

There is a case on the books that makes your front yard public, even if you own it, if you don't actually block public access with a fence and gate. As such, it's a hazard if you'd choose to carry there. Check to see if you're in a gun free school zone. That's also a hazard if you're in your front yard (if it's not gated/fenced). I know, it's your property, but here in The People's Republic of Kalifornia if you don't prevent public access it counts as public property. Nifty, huh?

Inside your home you're good to go. Backyard, assuming it's fenced off from people who might just wander through, is also good to go.

California is not a "shall issue" state for CCW, it's a "may-issue". Depending on your county, you might or might not have a chance of getting a CCW. Southern CA has a lot of no-issue counties. While the ball is rolling on making a change in CA to shall-issue, it's not going to be ready tomorrow or next month. If you post a county, I'm sure someone (not me, I'm not sure about socal counties) can enlighten you as to your odds of getting a CCW there and what's in the works for getting it turned to shall issue.

Thank you for your service to our country, and my condolences on your move to CA.
Reply With Quote
  #4  
Old 07-06-2010, 11:11 AM
Untamed1972 Untamed1972 is offline
I need a LIFE!!
 
Join Date: Mar 2009
Posts: 17,582
iTrader: 2 / 100%
Default

As it stands now you may only carry loaded, open or concealed IN your home and areas of your property which are fenced. An unfenced front yard is currently considered a public space, so loaded carry there could get you in hot water. Also be aware of if you are within 1000ft of a school, also a big no-no.
__________________
"Freedom begins with an act of defiance"

Quote for the day:
Quote:
"..the mind is the weapon and the hand only its extention. Discipline your mind!" Master Hao, Chenrezi monastery, Valley of the Sun
Reply With Quote
  #5  
Old 07-06-2010, 11:13 AM
stix213's Avatar
stix213 stix213 is offline
AKA: Joe Censored
CGN Contributor - Lifetime
 
Join Date: Apr 2009
Location: San Rafael
Posts: 17,041
iTrader: 8 / 100%
Default

You can legally carry without a permit on your own property that isn't publicly accessible. For example, you can carry in your house, but you can't necessarily carry on your driveway or front yard unless you have a fence and gate.
Reply With Quote
  #6  
Old 07-06-2010, 11:14 AM
gun toting monkeyboy's Avatar
gun toting monkeyboy gun toting monkeyboy is offline
Calguns Addict
 
Join Date: Aug 2008
Location: San Diego (more or less)
Posts: 6,715
iTrader: 2 / 100%
Default

In your home you can carry whatever you want, however you want. If you want to keep a loaded pistol tucked into your waistband, under a shirt, no problem. As long as you aren't going out in public, it is fine. Your back yard, front yard, or porch may be a bit of a gray area. It depends on whether or not it is considered public. If you are on your property, and it is fneced in, it is usually not considered public. But there may be local laws in the area you are moving to. I'll leave that one for the experts. As for leaving loaded guns laying around the house, as long as kids don't get into them, it doesn't matter. We don't have any laws on how you must store them in most places. If you are moving someplace that CCWs are readily available, you are set. If you are moving to one of the more restrictive counties, you may have to wait a little while for the court cases to finish. By many estimates, we should have "shall issue" CCWs statewide inside of 18 months. Others think it may take a bit longer.
__________________
Quote:
Originally Posted by aplinker View Post
It's OK not to post when you have no clue what you're talking about.
Reply With Quote
  #7  
Old 07-06-2010, 11:26 AM
Lancear15's Avatar
Lancear15 Lancear15 is offline
Veteran Member
 
Join Date: Oct 2008
Location: CA
Posts: 2,634
iTrader: 20 / 100%
Default

Quote:
Originally Posted by stix213 View Post
You can legally carry without a permit on your own property that isn't publicly accessible.
^This

Even if your front yard is fenced, unless there is a locked gate, it is considered accessible by the public.

Concealed carry is always best, for many reasons including not having your neighbors call the police out of FUD.
__________________

Check out my Tactical Machining 80% build


Absolute power corrupts absolutely, even on Calguns.
NRA Life Member
USPSA Member
IDPA Member
Reply With Quote
  #8  
Old 07-06-2010, 11:33 AM
Glock22Fan's Avatar
Glock22Fan Glock22Fan is offline
Calguns Addict
 
Join Date: May 2006
Location: Los Angeles County
Posts: 5,752
iTrader: 0 / 0%
Default

Does anyone know if there is anything afoot that would challenge Overturf?
__________________
John -- bitter gun owner.

All opinions expressed here are my own unless I say otherwise.
I am not a lawyer and this is not legal advice.

Reply With Quote
  #9  
Old 07-06-2010, 12:07 PM
Lancear15's Avatar
Lancear15 Lancear15 is offline
Veteran Member
 
Join Date: Oct 2008
Location: CA
Posts: 2,634
iTrader: 20 / 100%
Default

" In States whose gun laws contain explicit exemptions for carrying guns in dwellings and the like, the courts have unanimously held the exemption inapplicable to common areas over which the defendant lacks exclusive control." Commonwealth v. Seay, 1978
__________________

Check out my Tactical Machining 80% build


Absolute power corrupts absolutely, even on Calguns.
NRA Life Member
USPSA Member
IDPA Member
Reply With Quote
  #10  
Old 07-06-2010, 12:17 PM
littleredrooster679's Avatar
littleredrooster679 littleredrooster679 is offline
Junior Member
 
Join Date: Jul 2010
Location: Southern CA
Posts: 6
iTrader: 0 / 0%
Default

And Roger.

Thanks guys, I highly appreciate your input. That's pretty much what I thought, but thanks for clarifying alot of the details for me.
Reply With Quote
  #11  
Old 07-06-2010, 12:22 PM
Lancear15's Avatar
Lancear15 Lancear15 is offline
Veteran Member
 
Join Date: Oct 2008
Location: CA
Posts: 2,634
iTrader: 20 / 100%
Default

Welcome to the board BTW.
__________________

Check out my Tactical Machining 80% build


Absolute power corrupts absolutely, even on Calguns.
NRA Life Member
USPSA Member
IDPA Member
Reply With Quote
  #12  
Old 07-06-2010, 12:49 PM
j6p2004 j6p2004 is offline
Member
 
Join Date: Feb 2009
Posts: 175
iTrader: 17 / 100%
Default

Is it okay to carry inside the garage with the garage door up if the front yard is not fenced?
Reply With Quote
  #13  
Old 07-06-2010, 12:59 PM
GuyW GuyW is offline
Banned
 
Join Date: Dec 2002
Posts: 4,303
iTrader: 9 / 100%
Default

Quote:
Originally Posted by j6p2004 View Post
Is it okay to carry inside the garage with the garage door up if the front yard is not fenced?
No.
Reply With Quote
  #14  
Old 07-06-2010, 1:04 PM
Glock22Fan's Avatar
Glock22Fan Glock22Fan is offline
Calguns Addict
 
Join Date: May 2006
Location: Los Angeles County
Posts: 5,752
iTrader: 0 / 0%
Default

Quote:
Quote:
Originally Posted by j6p2004
Is it okay to carry inside the garage with the garage door up if the front yard is not fenced?
No.
Then is it OK to carry inside your front door if the front door is open?

How about if it is shut, but not locked?

Seems to me that if you are in your garage with a gun on your hip, public access to your garage is pretty well barred.
__________________
John -- bitter gun owner.

All opinions expressed here are my own unless I say otherwise.
I am not a lawyer and this is not legal advice.

Reply With Quote
  #15  
Old 07-06-2010, 1:07 PM
putput's Avatar
putput putput is offline
Senior Member
 
Join Date: Mar 2009
Location: Thanks Otis, Thanks Alan!
Posts: 768
iTrader: 11 / 100%
Default

Someone correct me if I'm wrong but there are no storage requirements in your home. You will be liable if a child can get to it. Actually I think the law says you could be liable if you reasonably believe that a child could get to it. As in you have children or children visit. If you don't have children or you don't have children visit then your good to go.
__________________
"America is at that awkward stage. It's too late to work within the system, but too early to shoot the bastards."
- Claire Wolfe

Reply With Quote
  #16  
Old 07-06-2010, 4:15 PM
Librarian's Avatar
Librarian Librarian is offline
Administrator
CGN Contributor - Lifetime
 
Join Date: Oct 2005
Location: Concord
Posts: 37,374
iTrader: 4 / 100%
Blog Entries: 6
Default

Quote:
Originally Posted by putput View Post
Someone correct me if I'm wrong but there are no storage requirements in your home. You will be liable if a child can get to it. Actually I think the law says you could be liable if you reasonably believe that a child could get to it. As in you have children or children visit. If you don't have children or you don't have children visit then your good to go.
Right.

The state compels FFLs to deliver firearms only if they are accompanied by some form of gun lock, or in the case of long guns, proof of owning a safe, but other than the child-access bit, there are no storage requirements.
__________________
No one will really understand politics until they understand that politicians are not trying to solve our problems. They are trying to solve their own problems - of which getting elected and re-elected are number one and number two. Whatever is number three is far behind.
- Thomas Sowell
I've been saying that for years ...

There is no value at all complaining or analyzing or reading tea leaves to decide what these bills really mean or actually do; any bill with a chance to pass will be bad for gun owners.

The details only count after the Governor signs the bills.

Not a lawyer, just Some Guy On The Interwebs.


Reply With Quote
  #17  
Old 07-06-2010, 4:58 PM
Decoligny's Avatar
Decoligny Decoligny is offline
I need a LIFE!!
 
Join Date: Mar 2008
Location: Newcastle, OK
Posts: 10,620
iTrader: 0 / 0%
Default

Quote:
Originally Posted by NightOwl View Post
There is a case on the books that makes your front yard public, even if you own it, if you don't actually block public access with a fence and gate. As such, it's a hazard if you'd choose to carry there. Check to see if you're in a gun free school zone. That's also a hazard if you're in your front yard (if it's not gated/fenced). I know, it's your property, but here in The People's Republic of Kalifornia if you don't prevent public access it counts as public property. Nifty, huh?

Inside your home you're good to go. Backyard, assuming it's fenced off from people who might just wander through, is also good to go.

California is not a "shall issue" state for CCW, it's a "may-issue". Depending on your county, you might or might not have a chance of getting a CCW. Southern CA has a lot of no-issue counties. While the ball is rolling on making a change in CA to shall-issue, it's not going to be ready tomorrow or next month. If you post a county, I'm sure someone (not me, I'm not sure about socal counties) can enlighten you as to your odds of getting a CCW there and what's in the works for getting it turned to shall issue.

Thank you for your service to our country, and my condolences on your move to CA.
The case law was in reference to a violation of PC 12031, loaded firearm in an incorporated city.

If the OPs new home in So Cal is in unincorporated territory (i.e. outside of city limits), and it is otherwise legal to discharge a handgun, then he can carry loaded, openly or concealed, on his own property, fenced or not.
__________________

If you haven't seen it with your own eyes,
or heard it with your own ears,
don't make it up with your small mind,
or spread it with your big mouth.
Reply With Quote
  #18  
Old 07-06-2010, 5:15 PM
rt66paul's Avatar
rt66paul rt66paul is offline
Member
 
Join Date: Jul 2010
Location: SoCal
Posts: 281
iTrader: 0 / 0%
Default

It used to be said that in many parts of LA county, that if it is known that there is a color tv, guns, and/or legal or illegal drugs in a house, it will be broken into. With TVs so cheap, I would think that only big screens apply, but the other 2, for sure. Don't ask, don't tell. Try to keep them out of sight and most of them locked up tight.(You may need one, so have it on hand.)

WE taxpayers certainly pay enough money for police and fire protection, not to mention for jails to keep the people that the schools failed with.

Last edited by rt66paul; 07-07-2010 at 7:58 AM..
Reply With Quote
  #19  
Old 07-06-2010, 6:12 PM
Spanky8601's Avatar
Spanky8601 Spanky8601 is offline
Senior Member
 
Join Date: Apr 2010
Location: Northwest of LA
Posts: 1,653
iTrader: 15 / 100%
Default

Welcome LittleRedRooster

I am sure you will enjoy the weather here. Sorry about the majority of politicians. Thanks for your service.
__________________
May I always be the type of person my dog thinks I am
Reply With Quote
  #20  
Old 07-07-2010, 12:51 PM
Bugei Bugei is offline
Member
 
Join Date: Jan 2008
Location: Foresthill. Lots of snakes here; better stay home.
Posts: 325
iTrader: 0 / 0%
Default Couple other items, Rooster

Quote:
Originally Posted by littleredrooster679 View Post
Guys & Gals,

I'm new here... pardon me if this has been brought up already!

I'm Active Duty Army, retiring in a month. My wife and I purchased a house in Southern California where we will live... I'm from Florida, where laws are much, much more "lax" than here in CA.

My question is I'm just wondering what the law is on CARRYING IN MY OWN HOME and on my OWN PROPERTY. Am I able to carry my handgun, loaded/in holster, on my hip while in my yard (where I'm visible to others)??

Also, are there "rules" on how I may carry or store firearms INSIDE my home?

I won't get into details, but I have a HIGHLY "good reason" for ensuring that my home and family are protected.

I will be applying for CCW as well.

Any knowledgeable advice is highly appreciated !!! Thanks in advance.
Not exactly on point, Rooster, since you didn't ask, but if you weren't aware, there are a couple of items you should know. We have a bunch of laws a guy could run afoul of if he doesn't know about them.

1) You're going to need to fill out import forms for your handguns. Here are instructions:
http://www.gunlaw.com/index.php?opti...d=40&Itemid=28
Just plain foolish, isn't it? Wait! There's more!

2) We have phony-baloney (but still enforced) assault weapon laws. Basically, you should use the AW flowchart, the pistol flowchart and the shotgun flowcharts to see if any of your weapons fall into the AW category. See the ads at the top of the screen? There's a bar that includes an option "AW & OLL Guides". Run each of the flowcharts on your rifles, pistols and shotguns. If any of them show up as an AW, seek further help here: there are real experts on the law here.

Anyhow, we welcome you to California, even if the state legislature seems to want us all dead.
__________________
--Bugei
The Bill of Rights. Void where prohibited by law.
Reply With Quote
  #21  
Old 07-07-2010, 6:02 PM
gunsmith gunsmith is offline
Senior Member
 
Join Date: May 2004
Location: Arizona
Posts: 1,957
iTrader: 1 / 100%
Default

wait a minute, I think if children under 18 are in the home alone it needs to be locked up, which reminds me of the Carpenter story. CA gun laws kill children!
http://www.examiner.com/x-2698-Charl...-rises-heroism
__________________
NRA Life Member
Reply With Quote
  #22  
Old 07-07-2010, 6:07 PM
OleCuss OleCuss is offline
Calguns Addict
 
Join Date: Jun 2009
Location: Kalifornia
Posts: 6,140
iTrader: 0 / 0%
Default

Also, Google "Merced Pitchfork Murders" to get another look at the brilliance of ensuring that kids who know how to handle a weapon can't defend themselves. Edit: Pretty much the same story - but you'll get additional looks at it with the Google search.
Reply With Quote
  #23  
Old 07-07-2010, 6:39 PM
Decoligny's Avatar
Decoligny Decoligny is offline
I need a LIFE!!
 
Join Date: Mar 2008
Location: Newcastle, OK
Posts: 10,620
iTrader: 0 / 0%
Default

Quote:
Originally Posted by gunsmith View Post
wait a minute, I think if children under 18 are in the home alone it needs to be locked up, which reminds me of the Carpenter story. CA gun laws kill children!
http://www.examiner.com/x-2698-Charl...-rises-heroism
Not true in the least.

The law says that IF a child under 18 gets access to your gun, AND causes great bodily injury or death, then you are guilty of improper gun storage.

You have to have injury or death before the criminal charge can be brought.

PC 12035

(b) (1) Except as provided in subdivision (c), a person commits
the crime of "criminal storage of a firearm of the first degree" if
he or she keeps any loaded firearm within any premises that are under
his or her custody or control and he or she knows or reasonably
should know that a child is likely to gain access to the firearm
without the permission of the child's parent or legal guardian and
the child obtains access to the firearm and thereby causes death or
great bodily injury to himself, herself, or any other person.

(2) Except as provided in subdivision (c), a person commits the
crime of "criminal storage of a firearm of the second degree" if he
or she keeps any loaded firearm within any premises that are under
his or her custody or control and he or she knows or reasonably
should know that a child is likely to gain access to the firearm
without the permission of the child's parent or legal guardian and
the child obtains access to the firearm and thereby causes injury,
other than great bodily injury, to himself, herself, or any other
person, or carries the firearm either to a public place or in
violation of Section 417.
(c) Subdivision (b) shall not apply whenever any of the following
occurs:
(1) The child obtains the firearm as a result of an illegal entry
to any premises by any person.
(2) The firearm is kept in a locked container or in a location
that a reasonable person would believe to be secure.
(3) The firearm is carried on the person or within such a close
proximity thereto that the individual can readily retrieve and use
the firearm as if carried on the person.
(4) The firearm is locked with a locking device that has rendered
the firearm inoperable.
(5) The person is a peace officer or a member of the armed forces
or National Guard and the child obtains the firearm during, or
incidental to, the performance of the person's duties.
(6) The child obtains, or obtains and discharges, the firearm in a
lawful act of self-defense or defense of another person, or persons.
(7) The person who keeps a loaded firearm on any premise that is
under his or her custody or control has no reasonable expectation,
based on objective facts and circumstances, that a child is likely to
be present on the premises.
__________________

If you haven't seen it with your own eyes,
or heard it with your own ears,
don't make it up with your small mind,
or spread it with your big mouth.

Last edited by Decoligny; 07-07-2010 at 6:45 PM..
Reply With Quote
  #24  
Old 07-07-2010, 6:57 PM
Meplat's Avatar
Meplat Meplat is offline
Calguns Addict
 
Join Date: Jul 2008
Location: Fresno, CA
Posts: 6,919
iTrader: 3 / 100%
Default

I grew up not far from where the Pitchfork murders happened. I still live only 60 miles away.

Mr. Carpenter was intimidated by CA law. However, the law only applies if the children who access the firearm do so without parental permission. If he had given his children permission to access his guns in case of emergency and left them where the children could access them he would have been alright.

For heaven sakes, if you have children or grandchildren who are well disciplined, trained, and responsible, make sure they have that permission and access. And let them know how important it is that they prevent other, non-authorized, children to have access!
__________________
Take not lightly liberty
To have it you must live it
And like love, don't you see
To keep it you must give it

"I will talk with you no more.
I will go now, and fight you."
(Red Cloud)
Reply With Quote
  #25  
Old 07-07-2010, 7:58 PM
OleCuss OleCuss is offline
Calguns Addict
 
Join Date: Jun 2009
Location: Kalifornia
Posts: 6,140
iTrader: 0 / 0%
Default

I think there may be one or two exceptions to what you were saying. I think that if the weapon is an AW there may be legal difficulty letting your children have access. I admit this may be FUD but it is what I recall. But generally, for regular handguns, rifles, and shotguns - train your kids and let them have the access if they are pretty trustworthy. Remember that IANAL!
Reply With Quote
  #26  
Old 07-07-2010, 8:47 PM
gunsmith gunsmith is offline
Senior Member
 
Join Date: May 2004
Location: Arizona
Posts: 1,957
iTrader: 1 / 100%
Default

wow, I thought at the time that they had to be locked up, terrible what happened-I bet he was told by some one like a gun shop owner or a cop that they had to be locked up.
__________________
NRA Life Member
Reply With Quote
  #27  
Old 07-07-2010, 11:54 PM
j6p2004 j6p2004 is offline
Member
 
Join Date: Feb 2009
Posts: 175
iTrader: 17 / 100%
Default

According to the BATF Youth Handgun Safety Act, juveniles (under 18) are allowed to use firearms for home defense.

"(3) This subsection does not apply to-
.....
(D) the possession of a handgun or ammunition by a juvenile taken in defense of the juvenile or other persons against an intruder into the residence of the juvenile or a residence in which the juvenile is an invited guest."

Better train your kids than to lock up the guns.

As pointed out by Decoligny, PC 12035 also allows the use of firearms by children for self defense.

Last edited by j6p2004; 07-08-2010 at 12:00 AM..
Reply With Quote
Reply

Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off

Forum Jump



All times are GMT -8. The time now is 5:11 AM.




Powered by vBulletin® Version 3.8.9
Copyright ©2000 - 2018, vBulletin Solutions, Inc.
Proudly hosted by GeoVario the Premier 2A host.
Calguns.net, the 'Calguns' name and all associated variants and logos are ® Trademark and © Copyright 2002-2018, Calguns.net an Incorporated Company All Rights Reserved.
Calguns.net and The Calguns Foundation have no affiliation and are in no way related to each other.
All opinions, statements and remarks made by Calguns.net on this web site and elsewhere are solely attributable to Calguns.net.