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  #1  
Old 08-14-2016, 4:00 AM
rdtompki rdtompki is offline
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Default Outdoor dry fire practice on fenced property?

I sometimes OC on our fenced five acres. My competition sights, front and rear, are fiber optic so dry firing indoors really isn't a good facsimile. I'm guessing that unhostering the gun, if at all visible from the street, might constitute brandishing.

I take any and all responses recognizing none of the responses will constitute a legal opinion.

I actually have one location in full sunlight that wouldn't be visible from the street. Might have to let one neighbor know I'll be practicing occasionally (I only have two neighbors)
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Old 08-14-2016, 9:50 AM
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Quote:
Originally Posted by rdtompki View Post
I sometimes OC on our fenced five acres. My competition sights, front and rear, are fiber optic so dry firing indoors really isn't a good facsimile. I'm guessing that unhostering the gun, if at all visible from the street, might constitute brandishing.

I take any and all responses recognizing none of the responses will constitute a legal opinion.

I actually have one location in full sunlight that wouldn't be visible from the street. Might have to let one neighbor know I'll be practicing occasionally (I only have two neighbors)
The simple act of unholstering your weapon would not be "Brandishing." Here is the text of California's law regarding the 'Brandishing" of a firearm (Penal Code section 417(a)(2)):

"Every person who, except in self-defense, in the presence of any other person, draws or exhibits any firearm, whether loaded or unloaded, in a rude, angry, or threatening manner, or who in any manner, unlawfully uses a firearm in any fight or quarrel is punishable as follows:

(A) If the violation occurs in a public place and the firearm is a pistol, revolver, or other firearm capable of being concealed upon the person, by imprisonment in a county jail for not less than three months and not more than one year, by a fine not to exceed one thousand dollars ($1,000), or by both that fine and imprisonment.

(B) In all cases other than that set forth in subparagraph (A), a misdemeanor, punishable by imprisonment in a county jail for not less than three months."

Please note that element of "rude, angry, or threatening manner" or "uses in a fight or quarrel" must be present. Neither is the case in your question.

Also please not that it is not necessary to unholster a firearm to be guilty of "Brandishing." The "exhibition" of a holstered firearm in a "rude, angry or threatening manner" would satisfy the elements.

But even if your proposed action is not "Brandishing" , it's probably very unwise. The activity is likely to cause a call to the local constabulary by concerned citizens and you should expect that officers will respond to a "Man with a gun" call. That's usually not gonna end well.
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Old 08-16-2016, 9:55 AM
dpr dpr is offline
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An Easy Up with tarps on the sides that any one could see you?
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Old 08-16-2016, 10:31 AM
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You're fine. Of course avoid pointing it any neighbor's property or the road.

But the nice part about FO sights is that they work great in low light. So practice inside, outside, in the shade, in the sun, transitioning from shade to sun, etc etc. You can't control lighting conditions if you ever need your gun.
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Old 08-16-2016, 3:46 PM
Chewy65 Chewy65 is offline
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Good question. It doesn't sound like brandishing for reasons given by RickD, but could get some unwanted attention from neighbors and law enforcement. I say so in contemplation that I sometimes go to the back yard to check my skeet gun's swing and mount. I suppose a neighbor looking out of a second story window into my walled yard could freak out and call 911.
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Old 08-17-2016, 8:39 AM
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That's California, see a gun, call a cop. Far different than the rural states, it's more like a different country.
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Old 08-17-2016, 12:41 PM
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why not just dry fire inside? solves any problems you have with the peps living next door to you.
but up in the hills were i live it would be not a problem. but would not want to due to the heat during the day.


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Old 08-17-2016, 12:54 PM
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I see no real benefit that dry firing outside gives you that dry firing inside would not.

Therefore I assume your real intent is to play with your weapon out back. Which I will admit would be fun and is basically legal here is the problem.

Someone, (USPS, UPS, JW, whoever) driving down your street sees you, shoots a video and it goes viral.

Before you even get a chance to say "I'm not doing anything illegal" Sacramento will have gutted and amended another global warming bill and make it illegal.

So please be discrete.
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Old 08-19-2016, 2:07 PM
splithoof splithoof is offline
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Avoid the hassle. If nobody sees you, nobody will call the police, and you will not be questioned. Some activities are just better off when done discretely.
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