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  • ScottyXbones
    Senior Member
    • Jan 2010
    • 940

    Home vs business

    It's pretty well established that you can defend your home with a firearm, but can you defend your business with one?

    For the sake of discussion let's ssume there is a barrier between where customers and workers are and you have permission from the boss/owner, or you are the proprietor. What heat could you pack and what would the rules of engagement be?

    Would you be able to legally defend your business with a rifle like a roof Korean? How about with a RAW? How about during a robbery or terrorist attack like in San Bernardino? Would it have to be kept unloaded or in a container?

    Footnote: I'm not going to take a rifle to the office, I just want to discuss laws/hypothetical scenarios

    Footnote 2: when the heel is someone going to make an 80% CZ frame??
  • #2
    Librarian
    Admin and Poltergeist
    CGN Contributor - Lifetime
    • Oct 2005
    • 44664

    Yes, you can defend yourself at your business.

    See the wiki article: https://web.archive.org/web/20151122...oncealed_Carry

    Use your favorite search engine to find "los angeles jeweler shoots robbers"
    ARCHIVED Calguns Foundation Wiki here: http://web.archive.org/web/201908310...itle=Main_Page

    Frozen in 2015, it is falling out of date and I can no longer edit the content. But much of it is still good!

    Comment

    • #3
      ScottyXbones
      Senior Member
      • Jan 2010
      • 940

      Originally posted by Librarian
      Yes, you can defend yourself at your business.

      See the wiki article: https://web.archive.org/web/20151122...oncealed_Carry

      Use your favorite search engine to find "los angeles jeweler shoots robbers"
      Is there any case law on unconcealable (long) guns?

      Comment

      • #4
        Librarian
        Admin and Poltergeist
        CGN Contributor - Lifetime
        • Oct 2005
        • 44664

        No reason to suspect things would be more restrictive for a long gun than a handgun; I'm not aware of any court actions that work that way.
        ARCHIVED Calguns Foundation Wiki here: http://web.archive.org/web/201908310...itle=Main_Page

        Frozen in 2015, it is falling out of date and I can no longer edit the content. But much of it is still good!

        Comment

        • #5
          ScottyXbones
          Senior Member
          • Jan 2010
          • 940

          Well the link you posted only discusses concealed carry. Is it legal to have a loaded AR leaning against your desk? How about strapped to your back?

          Comment

          • #6
            Librarian
            Admin and Poltergeist
            CGN Contributor - Lifetime
            • Oct 2005
            • 44664

            Originally posted by ScottyXbones
            Well the link you posted only discusses concealed carry. Is it legal to have a loaded AR leaning against your desk? How about strapped to your back?
            The concern there is 'loaded in public' - loaded long gun no different from a loaded handgun.

            Re-read the wiki article part on "Semi Public Places Restrictions".
            ARCHIVED Calguns Foundation Wiki here: http://web.archive.org/web/201908310...itle=Main_Page

            Frozen in 2015, it is falling out of date and I can no longer edit the content. But much of it is still good!

            Comment

            • #7
              9mmepiphany
              Calguns Addict
              • Jul 2008
              • 8075

              Reminds me of Bob Chow's gun shop on Mission St. in The City.

              All the employees were wearing 1911s and there were loaded M1 carbines placed carefully at various points behind the counter...unsurprisingly, no one every tried to rob them
              ...because the journey is the worthier part...The Shepherd's Tale

              Comment

              • #8
                Beelzy
                Calguns Addict
                • Apr 2008
                • 9224

                If it's your business, you can load out like Arnold Schwarzenegger and it's legal.
                "I kill things for a living, don't make yourself one of them"

                Comment

                • #9
                  rodneyb
                  Member
                  • Apr 2016
                  • 139

                  How about this- I work for a corporation, its an ESOP, so technically I am an owner. Does that mean I can keep a gun at my desk to defend my business? Not going to because it is against company policy but wondered if it would be legal.

                  Comment

                  • #10
                    ScottyXbones
                    Senior Member
                    • Jan 2010
                    • 940

                    Originally posted by Librarian
                    The concern there is 'loaded in public' - loaded long gun no different from a loaded handgun.

                    Re-read the wiki article part on "Semi Public Places Restrictions".
                    It looks like Overton is the appropriate case to reference, but I don't see what the ruling was there. Overton was at his work as a property manager, a former employee shows up with 3 of his friends, threatens Overton and his car, so he gets his pistol to protect himself... how is that illegal?

                    The next question is, are co-workers considered the "public"? How about if you are the boss or the owner, are your employees "the public"?

                    If you are the boss, you choose who has acess to your workplace and who doesnt, if the customer area is separate. How does that affect the law?

                    Comment

                    • #11
                      Librarian
                      Admin and Poltergeist
                      CGN Contributor - Lifetime
                      • Oct 2005
                      • 44664

                      Originally posted by ScottyXbones
                      It looks like Overton is the appropriate case to reference, but I don't see what the ruling was there. Overton was at his work as a property manager, a former employee shows up with 3 of his friends, threatens Overton and his car, so he gets his pistol to protect himself... how is that illegal?

                      The next question is, are co-workers considered the "public"? How about if you are the boss or the owner, are your employees "the public"?

                      If you are the boss, you choose who has acess to your workplace and who doesnt, if the customer area is separate. How does that affect the law?
                      Overturf.

                      There are extensive quotes from the case at the wiki; the full opinion is also linked at the wiki. Overturf lost - no CCW, carry loaded in public.

                      Co-workers appear to be 'not public'; you have identified a key point: there are (or, can be) distinct staff areas and customer areas. See 9mmepiphany's post, above.
                      ARCHIVED Calguns Foundation Wiki here: http://web.archive.org/web/201908310...itle=Main_Page

                      Frozen in 2015, it is falling out of date and I can no longer edit the content. But much of it is still good!

                      Comment

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