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 07-30-2012, 9:25 AM
OneHotDog OneHotDog is offline
Banned
 
Join Date: Jun 2012
Posts: 82
iTrader: 0 / 0%
Default Can I open carry in my frontyard?

My frontyard faces the street. I live in LA county. Can I carry my loaded gun in a holster in the open on my property?



1hd
Reply With Quote
  #2  
Old 07-30-2012, 9:30 AM
P5Ret P5Ret is offline
Veteran Member
 
Join Date: Oct 2010
Location: SF Ebay
Posts: 2,842
iTrader: 1 / 100%
Default

Yes but expect a visit when the neighbors call the police or sheriff. Expect to see guns drawn, because the call will no doubt go out as a "man with a gun". It is also legal to carry concealed on your property or place of business, so that may be a better way to go. The less attention you draw to yourself the better off you are.
Reply With Quote
  #3  
Old 07-30-2012, 9:36 AM
littlejake littlejake is offline
CGN/CGSSA Contributor
CGN Contributor
 
Join Date: Aug 2008
Location: Калифорния
Posts: 2,154
iTrader: 9 / 100%
Default

Yes, you will draw a SWAT team in LA county. If your front yard is not fenced, then it's an area where you're in legal limbo as to your property rights -- i.e. People can walk across your front yard. In this unfenced area, if you happen to be in a school zone, you risk prosecution under the GFSZ laws.

Worst case, the police tell you to lie prone, you refuse, and they shoot you 100 times.
__________________
Life Member NRA and 2A Foundation.
My posts are my own opinions and do not reflect those of any organization I am a member of.
Nothing I post should be construed as legal advice; if you need legal advice, see a lawyer.

"Necessity is the plea for every infringement of human freedom. It is the argument of tyrants; it is the creed of slaves."
William Pitt (1759-1806)
Reply With Quote
  #4  
Old 07-30-2012, 9:40 AM
greg36f greg36f is offline
Senior Member
 
Join Date: Nov 2009
Posts: 1,693
iTrader: 0 / 0%
Default

Quote:
Originally Posted by OneHotDog View Post
My frontyard faces the street. I live in LA county. Can I carry my loaded gun in a holster in the open on my property?



1hd


Absolutely........there really is no better way to tell all the s&^%heads in your neighborhood that you have guns......The little rascals always have such a hard time deciding what house to burg next…….This is a big help.

Stand by for lots of conflicting info that may or may not get your into trouble.

The real answer is “it depends”…..

It depends on fences, gates, locks, access, and on and on and on…

I think it’s a terrible idea even if you work out all the legal points.
Reply With Quote
  #5  
Old 07-30-2012, 9:58 AM
OneHotDog OneHotDog is offline
Banned
 
Join Date: Jun 2012
Posts: 82
iTrader: 0 / 0%
Default

Quote:
Originally Posted by littlejake View Post
Yes, you will draw a SWAT team in LA county. If your front yard is not fenced, then it's an area where you're in legal limbo as to your property rights -- i.e. People can walk across your front yard. In this unfenced area, if you happen to be in a school zone, you risk prosecution under the GFSZ laws.

Worst case, the police tell you to lie prone, you refuse, and they shoot you 100 times.
Just for carrying a gun on my own property? Surely you jest.

And yes my frontyard is not fenced. I am not in a GFSZ.


So I have no gun rights and no property rights. There is no castle doctrine in California that I know of. Sooooo, what rights do I have to protect my family? Do I have I right to jump in front of a bullet intended for my kids? Do I have a right to call the cops before someone touches my kids or wife? Tell me SOMETHING reassuring....

Last edited by OneHotDog; 07-30-2012 at 10:01 AM..
Reply With Quote
  #6  
Old 07-30-2012, 10:00 AM
taperxz taperxz is offline
Banned
 
Join Date: Feb 2010
Location: Lake County
Posts: 14,891
iTrader: 15 / 100%
Default

Quote:
Originally Posted by OneHotDog View Post
Just for carrying a gun on my own property? Surely you jest.

And yes my frontyard is not fenced. I am not in a GFSZ.
If it is not fenced, it is open to the public, you will be arrested for illegal UOC.
Reply With Quote
  #7  
Old 07-30-2012, 10:03 AM
hornswaggled's Avatar
hornswaggled hornswaggled is offline
Senior Member
 
Join Date: Feb 2011
Location: San Diego
Posts: 1,653
iTrader: 5 / 100%
Default

What they could get you for is carrying a loaded firearm in a public place, and yes I realize that your yard is your property. There have been cases of people getting charged while standing in their own driveway with a loaded gun, and in LA you DEFINITELY will if the cops know about it.
Reply With Quote
  #8  
Old 07-30-2012, 10:06 AM
greg36f greg36f is offline
Senior Member
 
Join Date: Nov 2009
Posts: 1,693
iTrader: 0 / 0%
Default

Quote:
Originally Posted by OneHotDog View Post
Just for carrying a gun on my own property? Surely you jest.

And yes my frontyard is not fenced. I am not in a GFSZ.


So I have no gun rights and no property rights. There is no castle doctrine in California that I know of. Sooooo, what rights do I have to protect my family? Do I have I right to jump in front of a bullet intended for my kids? Do I have a right to call the cops before someone touches my kids or wife? Tell me SOMETHING reassuring....


You my friend; have found a home here on Cal Guns "Off Topic"......
Reply With Quote
  #9  
Old 07-30-2012, 10:20 AM
OneHotDog OneHotDog is offline
Banned
 
Join Date: Jun 2012
Posts: 82
iTrader: 0 / 0%
Default

Quote:
Originally Posted by taperxz View Post
If it is not fenced, it is open to the public, you will be arrested for illegal UOC.
So, open carry on my property is illegal. Nice.

I hate this cesspool called California.
Reply With Quote
  #10  
Old 07-30-2012, 10:21 AM
taperxz taperxz is offline
Banned
 
Join Date: Feb 2010
Location: Lake County
Posts: 14,891
iTrader: 15 / 100%
Default

Quote:
Originally Posted by OneHotDog View Post
So, open carry on my property is illegal. Nice.

I hate this cesspool called California.
No, that was the answer to your OP. Things would be different with a fenced property, or inside your home.
Reply With Quote
  #11  
Old 07-30-2012, 10:22 AM
littlejake littlejake is offline
CGN/CGSSA Contributor
CGN Contributor
 
Join Date: Aug 2008
Location: Калифорния
Posts: 2,154
iTrader: 9 / 100%
Default

you might want to read the wiki article of GFSZ's -- it has nothing to do with school zone signs -- it's 1000 feet. You cannot sling a dead cat in LA County and not hit a GFSZ. And 1000 ft from what -- school perimeter? not defined.

http://wiki.calgunsfoundation.org/Gun_Free_School_Zones
__________________
Life Member NRA and 2A Foundation.
My posts are my own opinions and do not reflect those of any organization I am a member of.
Nothing I post should be construed as legal advice; if you need legal advice, see a lawyer.

"Necessity is the plea for every infringement of human freedom. It is the argument of tyrants; it is the creed of slaves."
William Pitt (1759-1806)
Reply With Quote
  #12  
Old 07-30-2012, 10:25 AM
taperxz taperxz is offline
Banned
 
Join Date: Feb 2010
Location: Lake County
Posts: 14,891
iTrader: 15 / 100%
Default

It should also be mentioned that you were referring to a handgun being holstered. Open carry of long guns has not been outlawed (yet) and would be legal if you were not in a GFSZ
Reply With Quote
  #13  
Old 07-30-2012, 10:28 AM
Twiggz's Avatar
Twiggz Twiggz is offline
Member
 
Join Date: Apr 2010
Posts: 242
iTrader: 3 / 100%
Default

Back yard is fine as long as it's fenced in and in your house is fine. You could build a fence in the front yard and carry, but that's still iffy IMO.
Reply With Quote
  #14  
Old 07-30-2012, 10:47 AM
Librarian's Avatar
Librarian Librarian is offline
Super Moderator
CGN Contributor - Lifetime
 
Join Date: Oct 2005
Location: Concord
Posts: 33,139
iTrader: 4 / 100%
Blog Entries: 6
Default

And the long answer to this FAQ is at the wiki -- http://wiki.calgunsfoundation.org/Un...oncealed_Carry
__________________
Calguns Wiki, Magazine Qs, Knife laws

Unless there is some way to amend a bill so you would support it,
the details do not matter until the Governor signs or allows the bill to become law.

Ask CA law questions in the How CA Laws Apply to/Affect Me Forum
- most questions that start 'Is it legal ...' go there.

Not a lawyer, just Some Guy On The Interwebs.


Reply With Quote
  #15  
Old 07-30-2012, 10:49 AM
killathrilla killathrilla is offline
Senior Member
 
Join Date: Jul 2010
Posts: 1,334
iTrader: 14 / 100%
Default

...

Last edited by killathrilla; 01-06-2013 at 10:00 AM..
Reply With Quote
  #16  
Old 07-30-2012, 10:52 AM
Coded-Dude's Avatar
Coded-Dude Coded-Dude is offline
Calguns Addict
 
Join Date: Dec 2010
Posts: 6,709
iTrader: 1 / 100%
Default

I've said it once, and I'll say it again......I don't know, can you ?
__________________
x2

Quote:
Originally Posted by Deadbolt View Post
watching this state and country operate is like watching a water park burn down. doesn't make sense.
Quote:
Originally Posted by Obama
Team 6 showed up in choppers, it was so cash. Lit his house with red dots like it had a rash. Navy SEALs dashed inside his house, left their heads spinning...then flew off in the night screaming "Duh, WINNING!"
Reply With Quote
  #17  
Old 07-30-2012, 10:53 AM
meaty-btz's Avatar
meaty-btz meaty-btz is offline
Calguns Addict
 
Join Date: Sep 2010
Posts: 8,898
iTrader: 2 / 100%
Default

Walled Gardens folks. Wall up your house and property.. Good way to keep goblins, street types, and salesmen at bay.
__________________
...but their exists also in the human heart a depraved taste for equality, which impels the weak to attempt to lower the powerful to their own level, and reduces men to prefer equality in slavery to inequality with freedom.
Reply With Quote
  #18  
Old 07-30-2012, 10:53 AM
P5Ret P5Ret is offline
Veteran Member
 
Join Date: Oct 2010
Location: SF Ebay
Posts: 2,842
iTrader: 1 / 100%
Default

25850. (a) A person is guilty of carrying a loaded firearm when the
person carries a loaded firearm on the person or in a vehicle while
in any public place or on any public street in an incorporated city
or in any public place or on any public street in a prohibited area
of unincorporated territory.


Seems pretty simple. I see nothing that says your yard has to have a fence, nor is your front yard a public place. Yes it is open, and people may pass through neighbors may take a short cut across your driveway, but it is not a public place.

Yes California does have a Castle Doctrine law and has had for well over 100 years, read PC section 198.5.
Reply With Quote
  #19  
Old 07-30-2012, 11:04 AM
Liberty1's Avatar
Liberty1 Liberty1 is offline
Calguns Addict
 
Join Date: Apr 2007
Posts: 5,544
iTrader: 2 / 100%
Default

Case law says 'have a fence stay out of jail'.

People v Strider

http://blogs.findlaw.com/california_...o-b204571.html
__________________
False is the idea of utility that sacrifices a thousand real advantages for one imaginary or trifling inconvenience; that would take fire from men because it burns, and water because one may drown in it; that has no remedy for evils except destruction. The laws that forbid the carrying of arms are laws of such a nature. They disarm only those who are neither inclined nor determined to commit crimes.
-- Cesare Beccaria http://www.a-human-right.com/
Reply With Quote
  #20  
Old 07-30-2012, 11:06 AM
killmime1234's Avatar
killmime1234 killmime1234 is offline
Senior Member
 
Join Date: Mar 2009
Location: San Jose
Posts: 1,537
iTrader: 2 / 100%
Default

Quote:
Originally Posted by P5Ret View Post
25850. (a) A person is guilty of carrying a loaded firearm when the
person carries a loaded firearm on the person or in a vehicle while
in any public place or on any public street in an incorporated city
or in any public place or on any public street in a prohibited area
of unincorporated territory.


Seems pretty simple. I see nothing that says your yard has to have a fence, nor is your front yard a public place. Yes it is open, and people may pass through neighbors may take a short cut across your driveway, but it is not a public place.

Yes California does have a Castle Doctrine law and has had for well over 100 years, read PC section 198.5.
It's been opined, by which authority I can't remember, that it is still considered a "public place" if it is publicly accessible, regardless of property lines. I believe you'll find that information in the FAQ page Librarian posted.

ETA: Liberty1 beat me to the punch.

Last edited by killmime1234; 07-30-2012 at 11:09 AM..
Reply With Quote
  #21  
Old 07-30-2012, 11:09 AM
OneHotDog OneHotDog is offline
Banned
 
Join Date: Jun 2012
Posts: 82
iTrader: 0 / 0%
Default

Quote:
Originally Posted by P5Ret View Post
25850. (a) A person is guilty of carrying a loaded firearm when the
person carries a loaded firearm on the person or in a vehicle while
in any public place or on any public street in an incorporated city
or in any public place or on any public street in a prohibited area
of unincorporated territory.


Seems pretty simple. I see nothing that says your yard has to have a fence, nor is your front yard a public place. Yes it is open, and people may pass through neighbors may take a short cut across your driveway, but it is not a public place.
Sorry, but the calguns wiki link above stands in direct opposition to your statement.
Reply With Quote
  #22  
Old 07-30-2012, 11:14 AM
P5Ret P5Ret is offline
Veteran Member
 
Join Date: Oct 2010
Location: SF Ebay
Posts: 2,842
iTrader: 1 / 100%
Default

Quote:
Originally Posted by Liberty1 View Post
Case law says 'have a fence stay out of jail'.

People v Strider

http://blogs.findlaw.com/california_...o-b204571.html
Not really applicable to the situation, as the defendant did not own or live at the property, and basically ran from the police, at a known gang house where there had been previous shootings.
Reply With Quote
  #23  
Old 07-30-2012, 11:17 AM
P5Ret P5Ret is offline
Veteran Member
 
Join Date: Oct 2010
Location: SF Ebay
Posts: 2,842
iTrader: 1 / 100%
Default

Quote:
Originally Posted by OneHotDog View Post
Sorry, but the calguns wiki link above stands in direct opposition to your statement.
I'll stick with the quoted law from the penal code, which shows no requirement to have a fence around your property.
Reply With Quote
  #24  
Old 07-30-2012, 11:23 AM
OneHotDog OneHotDog is offline
Banned
 
Join Date: Jun 2012
Posts: 82
iTrader: 0 / 0%
Default

Quote:
Originally Posted by P5Ret View Post
Not really applicable to the situation, as the defendant did not own or live at the property, and basically ran from the police, at a known gang house where there had been previous shootings.
Yeah, but the problem is, the cops can't distinguish a property owner from any other random open carry citizen. So they have to assume the OC is illegal. Fence or no fence. I am guessing.

Well, whatever the law says, its so vague, I don't know how anyone can defend their property and family without running afoul of the law. This is just a pathetic situation.

BTW, in case you haven't guessed yet, I am completely new to carrying guns for self-defense. Up to now, I've only done target shooting for pleasure and never actively attempted to protect anything (even myself!).
Reply With Quote
  #25  
Old 07-30-2012, 11:26 AM
mdimeo mdimeo is offline
Senior Member
 
Join Date: Feb 2006
Posts: 604
iTrader: 0 / 0%
Default

Quote:
Originally Posted by P5Ret View Post
I'll stick with the quoted law from the penal code, which shows no requirement to have a fence around your property.
Have fun in the lockup!
Reply With Quote
  #26  
Old 07-30-2012, 11:32 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

Wow, some of you sure are bursting to expose your ignorance (and I don't mean the OP, although he seemed initially reluctant to believe the advice given "Surely you jest?").

It has been said over and over again that common sense isn't very commmon sense in California and the exemplar of that is that your property can still be public property. At least, that's the way the courts here see it. Doesn't matter if you don't like it, doesn't matter if your dictionary says different, anywhere the public has access, it does not matter who owns it, can be treated as public property. The only way to be safe is behind a locked, or at least lockable, barrier. (fence with lockable gate, your front (or garage) door or where ever else you can ban public acccess).

And p5Ret, try looking up People v. Overturf and the court case a while back involving one of our members, Theseus. Play silly games and ignore case law, win stupid prizes.
__________________
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.


Last edited by Glock22Fan; 07-30-2012 at 11:37 AM..
Reply With Quote
  #27  
Old 07-30-2012, 11:50 AM
greg36f greg36f is offline
Senior Member
 
Join Date: Nov 2009
Posts: 1,693
iTrader: 0 / 0%
Default

Originally Posted by OneHotDog
Just for carrying a gun on my own property? Surely you jest.

And yes my frontyard is not fenced. I am not in a GFSZ.


So I have no gun rights and no property rights. There is no castle doctrine in California that I know of. Sooooo, what rights do I have to protect my family? Do I have I right to jump in front of a bullet intended for my kids? Do I have a right to call the cops before someone touches my kids or wife? Tell me SOMETHING reassuring....


OP, I will not get into the legal debate already discussed here because others are moiré qualified and articulate.

I will say this though. Try not to get sucked into the negative attitude that is too often on display here on Cal Guns.

California is not perfect and there are many laws that should not exist or need changing; but it's not as bad as some will lead you to believe. We have pretty good laws that allow you to protect yourself in your home and there are exceptions that allow you to bring your gun into your yard or even a "true" public space if need be.

If you hear you kids cry for help and some guy is attacking them with a shovel in your yard, blaze away.

If your neighbor is getting beaten to death in the street, you are good to go protecting him / her.

Just because you cannot walk around your front yard with a gun does not mean all is lost.

Don’t get sucked into the negative. It will just blind you to the positive and make you one more angry gun owner.
Reply With Quote
  #28  
Old 07-30-2012, 12:31 PM
Wiz-of-Awd Wiz-of-Awd is offline
Senior Member
 
Join Date: Jan 2012
Location: Where I'm at ;)
Posts: 2,326
iTrader: 0 / 0%
Default

"I think"

...deliberately testing your neighbors and the law regarding your 2A rights is a step in the wrong direction. Know your rights and exercise them, but be careful to not impose them onto others who have rights as well.

This kind of "publicity" is very much to blame, when the attention it gains turns into legislation against your (our) rights.

A.W.D.
__________________
Quote:
In the end, time and irony always win.
Reply With Quote
  #29  
Old 07-30-2012, 12:43 PM
taperxz taperxz is offline
Banned
 
Join Date: Feb 2010
Location: Lake County
Posts: 14,891
iTrader: 15 / 100%
Default

Quote:
Originally Posted by P5Ret View Post
25850. (a) A person is guilty of carrying a loaded firearm when the
person carries a loaded firearm on the person or in a vehicle while
in any public place or on any public street in an incorporated city
or in any public place or on any public street in a prohibited area
of unincorporated territory.


Seems pretty simple. I see nothing that says your yard has to have a fence, nor is your front yard a public place. Yes it is open, and people may pass through neighbors may take a short cut across your driveway, but it is not a public place.

Yes California does have a Castle Doctrine law and has had for well over 100 years, read PC section 198.5.
You have missed many points in your assumptions. First and foremost UOC of a handgun in this situation is now illegal. (there are many exemptions)

You also need to understand trespass laws. Even in the country, without posting or fencing, a property may be private but the assumption of public access is what the courts would look at. Without signs or fencing the public can assume ones property is accessible until the private property owner orders them to leave. 200 acres of land is no different than a city lot.

CA law will always consider under current law, unposted or un fenced property to be publicly accessible thus, creating your inability to openly carry a handgun in these areas where shooting is prohibited and short of an LTC. Posting and fencing is a game changer. You now have private, inaccessible property.

You MAY still openly carry a long gun, except in a GFSZ
Reply With Quote
  #30  
Old 07-30-2012, 1:28 PM
Decoligny's Avatar
Decoligny Decoligny is offline
I need a LIFE!!
 
Join Date: Mar 2008
Location: Newcastle, OK
Posts: 10,591
iTrader: 0 / 0%
Default

Quote:
Originally Posted by littlejake View Post
Yes, you will draw a SWAT team in LA county. If your front yard is not fenced, then it's an area where you're in legal limbo as to your property rights -- i.e. People can walk across your front yard. In this unfenced area, if you happen to be in a school zone, you risk prosecution under the GFSZ laws.

Worst case, the police tell you to lie prone, you refuse, and they shoot you 100 times.
I don't know why people insist on combining two seperate and distinct laws.

GFSZ law has nothing to do with the "public area" which is an unfenced front yard.

The "public area" reference has to do with the law against having a loaded firearm in an incorporated city, or in a prohibited area of unincorporated territory.

They do not apply to each other.

I live in unicorporated Kern County. I can legally carry a loaded firearm (openly or concealed) on my own front lawn. It wouldn't matter one bit if I lived right across the street for an elementary school.
__________________

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
  #31  
Old 07-30-2012, 1:30 PM
Decoligny's Avatar
Decoligny Decoligny is offline
I need a LIFE!!
 
Join Date: Mar 2008
Location: Newcastle, OK
Posts: 10,591
iTrader: 0 / 0%
Default

Quote:
Originally Posted by taperxz View Post
If it is not fenced, it is open to the public, you will be arrested for illegal UOC.
However, on his own property he can carry concealed, he just can't carry loaded.
__________________

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
  #32  
Old 07-30-2012, 1:31 PM
P5Ret P5Ret is offline
Veteran Member
 
Join Date: Oct 2010
Location: SF Ebay
Posts: 2,842
iTrader: 1 / 100%
Default

So if my front yard is a "public place" as some have suggested, and I lived in the city of Palo Alto, it would be a crime for me to smoke in my front yard? they have a no smoking in public place ordinance their definition of a public place seem to be pretty much in line with what all the lawyers here are saying. Pretty interesting good thing I don't smoke or feel the need to draw unwanted attention to myself by carrying a loaded gun in my front yard, not that anyone could see me as my closest neighbor is about 100 yards away.

Easiest way to stay out of trouble, having learned from an older brother who couldn't stay out of trouble is to not draw attention to yourself in the first place. Kind of what I said in the first post I made in this thread.
Reply With Quote
  #33  
Old 07-30-2012, 1:45 PM
rayrayz rayrayz is offline
Member
 
Join Date: Jun 2008
Posts: 466
iTrader: 7 / 100%
Default

Quote:
Originally Posted by OneHotDog View Post
Just for carrying a gun on my own property? Surely you jest.

And yes my frontyard is not fenced. I am not in a GFSZ.


So I have no gun rights and no property rights. There is no castle doctrine in California that I know of. Sooooo, what rights do I have to protect my family? Do I have I right to jump in front of a bullet intended for my kids? Do I have a right to call the cops before someone touches my kids or wife? Tell me SOMETHING reassuring....
nope, he does not. on the bright side you can have guns inside..... Sucks that we do not have a castle doctrine......
As another member pointed out, you may not want thugs to know that you have guns as this may put targets on your home.
Reply With Quote
  #34  
Old 07-30-2012, 1:49 PM
Coded-Dude's Avatar
Coded-Dude Coded-Dude is offline
Calguns Addict
 
Join Date: Dec 2010
Posts: 6,709
iTrader: 1 / 100%
Default

Quote:
Originally Posted by P5Ret View Post
So if my front yard is a "public place" as some have suggested, and I lived in the city of Palo Alto, it would be a crime for me to smoke in my front yard? they have a no smoking in public place ordinance their definition of a public place seem to be pretty much in line with what all the lawyers here are saying. Pretty interesting good thing I don't smoke or feel the need to draw unwanted attention to myself by carrying a loaded gun in my front yard, not that anyone could see me as my closest neighbor is about 100 yards away.

Easiest way to stay out of trouble, having learned from an older brother who couldn't stay out of trouble is to not draw attention to yourself in the first place. Kind of what I said in the first post I made in this thread.
I can't seem them citing fro smoking in your yard(but who knows, this is CA).....now citing/arresting you for public intoxication in your own yard?(happens all the time I'm sure).
__________________
x2

Quote:
Originally Posted by Deadbolt View Post
watching this state and country operate is like watching a water park burn down. doesn't make sense.
Quote:
Originally Posted by Obama
Team 6 showed up in choppers, it was so cash. Lit his house with red dots like it had a rash. Navy SEALs dashed inside his house, left their heads spinning...then flew off in the night screaming "Duh, WINNING!"
Reply With Quote
  #35  
Old 07-30-2012, 1:51 PM
supra supra is offline
Member
 
Join Date: Mar 2011
Posts: 128
iTrader: 0 / 0%
Default

Quote:
Originally Posted by P5Ret View Post
I'll stick with the quoted law from the penal code, which shows no requirement to have a fence around your property.
It seems simple enough. However, case law will further define terms such as "public place" ect. If you want to keep your gun rights, you should take the advice given by Calguns and informed Calgunners like Librarian.

Interpreting the penal code yourself without any case law to support your opinion is a good way to get yourself in trouble. The LEO, DA, and/or judge does not care about your interpretation of the law.
__________________
”Gun control is like trying to reduce drunk driving by making it tougher for sober people to own cars.”
~Unknown
Reply With Quote
  #36  
Old 07-30-2012, 1:54 PM
steelcore steelcore is offline
Member
 
Join Date: Nov 2010
Location: South SF
Posts: 241
iTrader: 7 / 89%
Default

Quote:
Originally Posted by P5Ret View Post
Easiest way to stay out of trouble, having learned from an older brother who couldn't stay out of trouble is to not draw attention to yourself in the first place. Kind of what I said in the first post I made in this thread.
I agree. Why push the envelope? Do you NEED to carry a gun in your front yard? Are you there for hours, exposed to drive-by shootings?

Just carry concealed on your property if you honestly want protection. I've done it when I was concerned about retaliation, but no one would have EVER known I had a condition 1 weapon on me.

If you want to draw negative attention and make your neighbors unfriendly and doubt your intentions, go ahead and show off that pistol. Might as well carry a sign on a stick as well, cause I'd take that as a cry for attention if my neighbors did that.
Reply With Quote
  #37  
Old 07-30-2012, 2:07 PM
odysseus's Avatar
odysseus odysseus is offline
I need a LIFE!!
 
Join Date: Dec 2005
Location: NorCal
Posts: 10,372
iTrader: 0 / 0%
Default

These threads come up all the time. I have to always ask, if you had an attorney, what answer do you think your attorney would recommend you do for your own best interest?

Most probably that while perhaps you might think you are in a position to argue about it in court, your attorney might tell you that it is slippery, you could be arrested anyway and put in jail and have to post bond, you could lose a criminal court case on a myriad of reasons, and it will cost you a lot of money either way even if you won. Is it worth it? Sure we all need test cases, cases that go further to test the law and liberty. Do you want to be and even can you be that person?

...and as mentioned, people concealed carry on their property all the time and no one is the wiser. Quasi public access on private owned property is tricky to carry loaded on and LE in most urban\suburban areas will have an arrest first policy. Open carry in today's society brings in a lot of issues from the unwashed masses. Yes - it shouldn't be this way, but it is the state of things.
__________________
"Just leave me alone, I know what to do." - Kimi Raikkonen

The moment the idea is admitted into society, that property is not as sacred as the laws of God, and that there is not a force of law and public justice to protect it, anarchy and tyranny commence.' and that `Property is surely a right of mankind as real as liberty.'
- John Adams

http://www.usdebtclock.org/
Reply With Quote
  #38  
Old 07-30-2012, 2:23 PM
OneHotDog OneHotDog is offline
Banned
 
Join Date: Jun 2012
Posts: 82
iTrader: 0 / 0%
Default

Quote:
Originally Posted by steelcore View Post
I agree. Why push the envelope? Do you NEED to carry a gun in your front yard? Are you there for hours, exposed to drive-by shootings?

Just carry concealed on your property if you honestly want protection. I've done it when I was concerned about retaliation, but no one would have EVER known I had a condition 1 weapon on me.

If you want to draw negative attention and make your neighbors unfriendly and doubt your intentions, go ahead and show off that pistol. Might as well carry a sign on a stick as well, cause I'd take that as a cry for attention if my neighbors did that.
Yeah, but if my property is considered a public area according to case law, carrying concealed is also not an option. The bottomline is that you cannot be outside in a public area and carry a firearm without a LTC.

This goes back to my question that I posted over at the LTC discussion forum. No permit, no carry, no protection.

Okay, you say "OP, if a bad guy accosts you or your family, just go in the house and get your firearm". Hey, no problem, except my firearms are locked and the ammo is locked and they in two different locations. (I have small curious children that wanna grab and touch everything. So I'm safety conscious, and not just because this cesspool called California requires me to be. I don't want my children hurt.) Meanwhile, the bad guys have already hurt my kids or wife.

I'll risk the unlawful concealed carry on my property if I have to though.
Reply With Quote
  #39  
Old 07-30-2012, 2:53 PM
greg36f greg36f is offline
Senior Member
 
Join Date: Nov 2009
Posts: 1,693
iTrader: 0 / 0%
Default

Quote:
Originally Posted by OneHotDog View Post
Yeah, but if my property is considered a public area according to case law, carrying concealed is also not an option. The bottomline is that you cannot be outside in a public area and carry a firearm without a LTC.

This goes back to my question that I posted over at the LTC discussion forum. No permit, no carry, no protection.

Okay, you say "OP, if a bad guy accosts you or your family, just go in the house and get your firearm". Hey, no problem, except my firearms are locked and the ammo is locked and they in two different locations. (I have small curious children that wanna grab and touch everything. So I'm safety conscious, and not just because this cesspool called California requires me to be. I don't want my children hurt.) Meanwhile, the bad guys have already hurt my kids or wife.

I'll risk the unlawful concealed carry on my property if I have to though.
OP, you are confusing "public access" and "public property".
Reply With Quote
  #40  
Old 07-30-2012, 2:59 PM
steelcore steelcore is offline
Member
 
Join Date: Nov 2010
Location: South SF
Posts: 241
iTrader: 7 / 89%
Default

First, why would you get arrested for a concealed carry on your own property? Only if you were drawing attention, right? No police officer would make contact with you unprovoked.

If someone confronts you on the lawn and you don't make some effort to retreat before drawing your weapon, it's a sign of aggression. That's how the police and judge will look at it. It doesn't matter AT ALL how you view it. They make the decisions. Don't be the guy that makes law more strict because he wanted to see how far he could push the grey area of the laws.

If you need to be outside and carry a gun while your children play, move to a different area. Saying "it costs a lot to move" isn't valid either, because nothing is worth more than family.
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 10:33 PM.




Powered by vBulletin® Version 3.8.9
Copyright ©2000 - 2016, 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 2002-2016, Calguns.net an Incorporated Company All Rights Reserved.