California Loaded Firearm in Home Legality

[SBOldMan]

My son has a number of issues with his ultra liberal english teacher. Without getting into her conservative bashing or liberal propaganda I would simply like to ask for help on one issue.

She has demanded that it is illegal to posess a loaded firearm in a private residence. What I would like is for him to be able to show her actual law that refutes her statement. Can someone point me to this? Thank you!

[gotgunz]

Have him tell her to go to google, click images and turn off the filters then have her type in tubgirl.

LOL

[sorensen440]

She is wrong.

[Casual Observer]

My son has a number of issues with his ultra liberal english teacher. Without getting into her conservative bashing or liberal propaganda I would simply like to ask for help on one issue.

She has demanded that it is illegal to posess a loaded firearm in a private residence. What I would like is for him to be able to show her actual law that refutes her statement. Can someone point me to this? Thank you!

It is illegal to have a loaded firearm unsecured if there is a minor in the house- even if it's just for a visit.

That being said, presuming there are no minors present, you can sleep a loaded firearm under the pillow every night as far as the law is concerned. The right extends to things like campsites and RV's too (when stopped and used as a residence, not as a vehicle.)

[Dark&Good]

What I would like is for him to be able to show her actual law that refutes her statement. Can someone point me to this? Thank you!

Looks like nobody got the question yet...

[fairfaxjim]

PC12031. (a)(1) A person is guilty of carrying a loaded firearm when he or she carries a loaded firearm on his or her 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.

PC12031. (b) Subdivision (a) shall not apply to any of the following:
(a) ...
(l) Nothing in this section shall prevent any person from having a loaded weapon, if it is otherwise lawful, at his or her place of residence, including any temporary residence or campsite.

By "if it is otherwise lawful" basically refers to whether or not you are a prohibited person from posessing firearms.

You are also authorized to posess a loaded firearm in your place of business, or as an employee if authorized by the business owner.
PC12031. (h) Nothing in this section shall prevent any person engaged in any lawful business, including a nonprofit organization, or any officer, employee, or agent authorized by that person for lawful purposes connected with that business, from having a loaded firearm within the person's place of business, or any person in lawful possession of private property from having a loaded firearm on that property.

[Quiet]

What I would like is for him to be able to show her actual law that refutes her statement. Can someone point me to this? Thank you!

Penal Code 12031
(l) Nothing in this section shall prevent any person from having a loaded weapon, if it is otherwise lawful, at his or her place of residence, including any temporary residence or campsite.

[Vacaville]

I'm a teacher and she shouldn't be pushing her personal views onto any of her students.

If she is doing the things you say, have your son document it and review it yourself to see if it really qualifies as personal bias and propaganda. If it is, then you should lodge a complaint with the local school board (the school Principal may sweep it under the rug) saying that she's indoctrinating the kids and provide evidence to support the claim. At the very least she is badly misinformed about 2A rights, and needs to be "re-educated".

[SBOldMan]

Bingo! That was fast...thank you very much.

What I have found as far as with children present is this-

You may be guilty of a misdemeanor or a felony if you keep a loaded firearm within any premises that are under your custody or control and a child under 18 years of age obtains and uses it, resulting in injury or death, or carries it to a public place, unless you stored the firearm in a locked container or locked the firearm with a locking device to temporarily keep it from functioning.

Still not against the law to store loaded around kids...just not the smartest thing to do.

Thanks again!

[Rumpled]

http://ag.ca.gov/firearms/forms/pdf/Cfl2007.pdf

page 32 of the document, page 37 of the pdf

[fairfaxjim]

BTW, you might want to gift her a copy of "How to Own a Gun & Stay Out of Jail" by John Machtinger. It's available at a lot of gun shops for about $10. Tell her that since she is injecting her personal opinions into areas that she shouldn't be, she might want to do her homework so as to not look like a complete moron to her students.

[SBOldMan]

I have seen the homework sheets, full of Obama praises and Bush bashing. Pictures of President Bush trying to make him look stupid and pictures of Pelosi with quotes about how incompetent the Republicans are.

She tried to force him to finish this sentence yesterday-

President Obama is an eloquent speaker because _________.

He refused in front of his peers, stating that he did not believe it to be a true statement. She pushed and pushed the issue and finally offered for him to replace the name, so he tried these three names before she silenced him- George Bush, Bill Oreilly, Dick Cheney.

He finally ended his argument to her with "Count how many times President Obama says "uh" during his campain speaches..."

LOL....good kid!!!

Anyways...off on a rant here.


Thanks everyone...

I'm a teacher and she shouldn't be pushing her personal views onto any of her students.

If she is doing the things you say, have your son document it and review it yourself to see if it really qualifies as personal bias and propaganda. If it is, then you should lodge a complaint with the local school board (the school Principal may sweep it under the rug) saying that she's indoctrinating the kids and provide evidence to support the claim. At the very least she is badly misinformed about 2A rights, and needs to be "re-educated".

[nick]

It is illegal to have a loaded firearm unsecured if there is a minor in the house- even if it's just for a visit.

That being said, presuming there are no minors present, you can sleep a loaded firearm under the pillow every night as far as the law is concerned. The right extends to things like campsites and RV's too (when stopped and used as a residence, not as a vehicle.)

Actually, it's illegal for the said minor to get the firearm in question and commit a crime with it, injure himself with it, etc. It's not illegal for it to be there or for the minor to handle it. It's just that the liability will be on the person letting the minor do that.

How do you think you're supposed to teach a minor how to shoot?

So basically, it's not illegal not to have a gun safe, or to keep a loaded gun outside of the safe if you have minors in the house. However, if they get a hold of that gun and do something stupid, you'll be prosecuted, unless you made a reasonable effort to prevent it, having the gun locked up being a part of it.

As for that teacher, she's simply confusing her desires with reality. Or maybe she figured that since Washington D.C. had that nonsense, the rest of the country is like that. Or, most likely, she just doesn't know much about the subject, and went with what she "felt was right", assuming that since it was right, then that's how it is.

[Cato]

It is illegal to have a loaded firearm unsecured if there is a minor in the house- even if it's just for a visit.

That being said, presuming there are no minors present, you can sleep a loaded firearm under the pillow every night as far as the law is concerned. The right extends to things like campsites and RV's too (when stopped and used as a residence, not as a vehicle.)

I don't think that's correct. You can have a loaded firearm around minors; however, should they get ahold of the firearm and hurt themselves or others, you may be liable.

[7x57]

It's not illegal for it to be there or for the minor to handle it. It's just that the liability will be on the person letting the minor do that.

How do you think you're supposed to teach a minor how to shoot?

Well, to be totally honest you're not *supposed to*, as that would perpetuate the evil gun culture that is the only thing preventing the left from solving all the world's problems, but your point is rather that they haven't yet mustered the votes to make it illegal.

7x57