Can you answer? (Handgun carry without CCW)

[felimen]

You go to the gun store, everyone that works there has a gun on their hip, or just about. What is the law, can I carry my gun on my hip in my candy store? I don't really have a candy store but you know what I mean, I hope. How bout my house, in the subs, am I allowed to carry my pistol on my hip on my property? I live in San Mateo, so you generally don't carry around the house, but I'm that one that wants to.

I'll do my research before I chose to but I'm wondering, curious, how many of us do this, who has had a problem doing this, I thought this would be a good topic or learning thread. Thanks ahead of time for your feedback.

The Digler!


Cannnnn youuuu diiig iiiiiit !

[SonofWWIIDI]

Local laws probably vary widely. But AFAIK:

You may carry on your property (open or concealed) provided that the portions of your property that you do carry in are not readily accessible to the public. It was put to me this way by local LEO. Any place the mail carrier/delivery drivers can go would be a no-no. So, in the house or backyard yes. Out in front, in an non fenced/gated area probably not.

As for at your business. My understanding is again, only where the public is restricted from going, i.e. Behind the counter/in the stock room.

That is a very basic outline. I'm sure that there may be other rules (and as I mentioned at the top, restrictions will vary by city/county).

If I'm wrong, I'm sure someone will be along to point it out shortly.

Perhaps librarian could point to some specific PC that would cover general state guidelines?

[beardog308]

My friend carries on his hip at his coin shop. He owns the entire strip mall. I'll have to ask him but he does what he wants regardless.

[Librarian]

FAQ - please see the wiki article https://web.archive.org/web/20151122...oncealed_Carry

SonofWWIIDI got most of it.

[SonofWWIIDI]

FAQ - please see the wiki article https://web.archive.org/web/20151122...oncealed_Carry

SonofWWIIDI got most of it.

Finally! I was right about something...even if only partially!

[Cokebottle]

And whether or not you have a CCW has no bearing on the legality of the open-carry that you see in gun stores.
CCW does not (as of about 8 years ago) also allow for loaded open carry.

[Michael in California]

if you happen to be within 1000 feet of a school don't do it, that's a federal issue not state

I do not believe that is correct. Within your private property, you are good as best as I can read the law. i.e. If your house abuts a school, you can open carry in your fenced back yard and house.

[felimen]

I know our house is supposed to be our safe haven, so why would I carry at home if I'm not in the ghetto . Because I can!

So if I'm in my backyard practicing with my holster and and snap caps, punching the heavy bag and drawing and firing. Im hoping the cops don't come kicking my gate in, helicopters hovering, making me drop my peice on the ground.

I need a place in the country is what I really need.


Cannnnn youuuu diiig iiiiiit !

[Librarian]

if you happen to be within 1000 feet of a school don't do it, that's a federal issue not state

I do not believe that is correct. Within your private property, you are good as best as I can read the law. i.e. If your house abuts a school, you can open carry in your fenced back yard and house.

School zones are much messier than that - see the wiki, https://web.archive.org/web/20151122...e_School_Zones - but Michael in CA has the essence here: the zone does not affect your private-access property.

[Untamed1972]

I do not believe that is correct. Within your private property, you are good as best as I can read the law. i.e. If your house abuts a school, you can open carry in your fenced back yard and house.

Not to mention the federal law is essentially unenforceable unless you're getting nailed with that charge as an enhancement to some other crime.

[IVC]

..., making me drop my peice on the ground.

"Piece" and "gat" don't mix well with carry.

[Soginator]

Depends also how your property is connected to the rest of the world. I have a store inside a mall, and there is no way in hell I'd open carry (even though I have a ccw license). So many rules, the mall would definitely ruin my day over it, blah blah. I assume there are also a lot of rules for leasing in a strip mall, even if your business is a standalone store with a separate entrance. So even if it is legal, it might not be worth the trouble. Also unless you know the owner, I wouldn't carry. Just my two cents, not actual legal advice.

[Cokebottle]

Not to mention the federal law is essentially unenforceable unless you're getting nailed with that charge as an enhancement to some other crime.

Even with the activist DA and judge who piece by piece ruled his defense points inadmissible, Theseus was only charged under 626.9 and not under the Federal statutes.

[Cokebottle]

Depends also how your property is connected to the rest of the world. I have a store inside a mall, and there is no way in hell I'd open carry (even though I have a ccw license). So many rules, the mall would definitely ruin my day over it, blah blah. I assume there are also a lot of rules for leasing in a strip mall, even if your business is a standalone store with a separate entrance. So even if it is legal, it might not be worth the trouble. Also unless you know the owner, I wouldn't carry. Just my two cents, not actual legal advice.

Permission to carry can only be granted by the property OWNER... if you are leasing, you are going to have to get permission, as will each of your employees.

The rules for business are not the same as for residential where your landlord has no control over your lawful possessions or activities.