California Loaded Firearm in Home Legality

[gcrtkd]

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!

Where do you live and what school/scool district is it?

I've mentioned in another thread that the common understanding is that our laws function on the principle of, "That which is not prohibited is legal." One cannot break the intent or the spirit of a law. They can only break the law as written. An earlier poster in this thread that the onus is on the teacher to back up her statement with a verifiable source. I agree. You and/or your son should demand that she provide a specific reference to a penal/health and welfare or other code section where having a loaded gun in a private residence. If there is no code section specifically banning this then it is legal.

Your other options are: 1) Write an editorial to your local paper outlining the incorrect indoctrination going on in your son's school.

or

2) Invite her over to your home. Advise her of the loaded gun on your hip and dial 9-1 for her. Ask her to call the police. When they come over they can tell her she's wrong. (Caution: I do not really advise this last option b/c, while it would be the most viscerally pleasing, it would be a waste of police resources and there's always the chance that she might claim that you brandished the weapon at her. Best to have an independant witness or Mr. VideoCamera running during this exchange.)

[N6ATF]

Actually option 2 could work if you concealed it, wrapped it with alternating colors of electrical tape, and merely told her there is a gun on your person and it is completely legal to conceal a gun on your person within your own home, now call 911 if you think it isn't.

When the police get there, tell them that she never saw a gun, and they should first ask her what it looked like. Then when they lift your shirt or jacket, she'll be proven wrong, and cited with false report.

[ohsmily]

No **** Sherlock. Gee, I didn't know it was so obvious how wrong you were. If it was so obvious, why didn't you get it right the first time Watson???? Didn't you read the four posts above you who actually just clarified the point rather than some simple three letter acronym? Didn't you read the law before posting "facts" about it? And no, after I saw your post full of BS, I immediately responded. I didn't bother checking to see if someone else had already set you straight.

It's not necessarily illegal It isn't illegal at all, but it's more of a liability issue should the minor get a hold of it and do something illegal/ stupid with it.

I admit I was a bit off, but rather than simply post "FUD", why not take the extra effort and put something constructive down?

I posted all I needed to in order to point out that what you said was wrong and ensure that others disregard you bull. Don't trumpet half truths as law. You stated it as fact. You didn't say "I think X." You were more than a "bit off." The information was flat out wrong. Posts like that cause infrequent users to read it and then spread it to their friends and perpetuate the nonsense.

[John Browning]

Make a visit to the principal, and send a registered complaint via US Mail that is CC'd to the school board. Document EVERYTHING. It makes no sense to run from a fight that has found you. It is here, an your son will most definitely be screwed grade wise UNLESS you begin a trail of documented complaints of this teachers actions. Even better would be to get a voice recorder, conceal it, and record the teacher on one of his/her tirades. If you can prove the teacher is pulling this crap, and she knows you've gone to higher levels with the evidence, your kid will not suffer grade wise unless she is a total moron and hell bent on losing her job.

Document every single thing the teacher sends home, and get your kid to find a few friends who will let him keep their graded work. That way, if any issues of fairness in grading come up, and friend gets a B+ and son gets a C- for the same quality of work, you can prove discrimination.

I'm a teacher, and ****birds like your kids teacher should be banned from the classroom for attempting to brainwash kids into only one myopic view of the world. I keep my political views private, and actually teach the curriculum. Shocking!

[Kid Stanislaus]

Check the penal code. It's only illegal to store a firearm where a child may get access to it. Regardless, its wise to not have yoru son argue with her as the teacher will trash his grades - especially when he proves her wrong. Simply smile, node, and agree to all the crap she speaks knowing she'll never go beyond where she is.

In other words, teach your own kid to just bend over and take it.

[Kid Stanislaus]

Nope, there's too much to risk in going up against one of those fools. In school they can really screw your record that will affect things beyond that particular class.

For example?

[Kid Stanislaus]

No, its best to think with your brain and pick your battles. Its the old rule of not fighting with those that are in positions of higher authority that can make it worse. The other rule I learned that says it all is the only thing worse than an idiot is someone who argues with one.

I don't know how big the town/city we're dealing with here but in these parts a letter to the editor of the local fishwrap would have a "chilling effect" on this kind of idiocy. School administrators do NOT like have negative publicity.

[Fate]

Check the penal code. It's only illegal to store a firearm where a child may get access to it.

Maybe you should read it again.

It's only illegal if they access it *AND* take it to a public place/school, accidentally hurt themselves or others or use it in a crime. It's not illegal for them to shoot someone in self defense with it either.

12035

...(subsection (a) lists definitions)...

(b) (1) Except as provided in subdivision (c), a person commits
the crime of "criminal storage of a firearm of the first degree" if
he or she keeps any loaded firearm within any premises that are under
his or her custody or control and he or she knows or reasonably
should know that a child is likely to gain access to the firearm
without the permission of the child's parent or legal guardian and
the child obtains access to the firearm and thereby causes death or
great bodily injury to himself, herself, or any other person.
(2) Except as provided in subdivision (c), a person commits the crime of "criminal storage of a firearm of the second degree" if he or she keeps any loaded firearm within any premises that are under his or her custody or control and he or she knows or reasonably should know that a child is likely to gain access to the firearm without the permission of the child's parent or legal guardian and the child obtains access to the firearm and thereby causes injury, other than great bodily injury, to himself, herself, or any other person, or carries the firearm either to a public place or in violation of Section 417.

(c) Subdivision (b) shall not apply whenever any of the following occurs:
(1) The child obtains the firearm as a result of an illegal entry to any premises by any person.
(2) The firearm is kept in a locked container or in a location that a reasonable person would believe to be secure.
(3) The firearm is carried on the person or within such a close proximity thereto that the individual can readily retrieve and use the firearm as if carried on the person.
(4) The firearm is locked with a locking device that has rendered the firearm inoperable.
(5) The person is a peace officer or a member of the armed forces or National Guard and the child obtains the firearm during, or incidental to, the performance of the person's duties.
(6) The child obtains, or obtains and discharges, the firearm in a lawful act of self-defense or defense of another person, or persons.

[motorhead]

have junior put a tack on her chair!
truly, the hag needs to be disciplined for spreading fud and her own narrow viewpoint in the classroom.

[markw]

Document everything, get one of those small portable recorders. She should be teaching english, not "praise the messiah." If this was my kid's school, there'd be hell to pay. This found your kid, not the other way around. Go to the principal, and then to the board. Documentation is key, I hope you still have some of the "homework" propaganda, and actually get her recorded.

[M. Sage]

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.

No. It's only illegal if you leave it out and a minor gets hold of it and does something illegal with it. It is not illegal to have a loaded or even unsecured firearm in your home when minors are present.

[Canute]

If you want to avoid the third rail of guns, challenge her on her endorsement of specific candidates and agendas.

[hvengel]

The advise about keeping records (or better yet audio recordings) and then using that later to "deal" with this teacher is a good one. Also if this teacher is as biased on as many subjects as it appears it will be quicker and easier to use issues other then RKBA when the time comes.

About 15 years ago I was working in a department that had a manager who was very sexist. It was so bad that even in an environment that was not at all PC everyone knew it was happening and wondered how this individual could get away with being so blatant about it. Later on I ended up working for this manager and one of the female workers in my group asked me what she should do about it. I advised her to keep notes on everything that happened and record everything about each incident; like what happened, when it happened, who was present and every other detail. Apparently she decided this was a good idea and her and one other female coworker started keeping a detailed log of incidents. About a year later they both went to HR with their detailed notes which had dozens of incidents documents. HR investigated and people who witnessed the events started getting phone calls from HR asking things like "were you there", "did this happen" and "were these isolated incidents". After a few week HR asked the two female employees what they wanted to happen and they both said that they wanted him to never be in a management position again and in only a few days he was demoted. I am sure that if either of them had said "I want him fired" that he would have been. My point is that the detailed documentation made what would have been a "he said, she said" situation that might have only resulted in the manager getting perhaps a reprimand into a very clear case that was resolved very quickly and resulted in the offending party getting disciplined very severely.

[mister dize]

You need to tread carefully here. Does she know that your family owns guns? If she's that far left, chances are there will eventually be a "concerned call" to state social services, saying that you've got "assault weapons laying all around the house". They get involved, and it just gets ugly.

When I was a kid, my brother told his teacher that we had a pellet gun, which we did. He also said that we "shoot animals with it", which I guess is partially true because he did see me pop a ground squirrel once. Anywho, the school's Democrat patrol got involved, called the state, there was this investigation, social worker came to our house, and so on. Eventually it blew over, but it's not a good experience.

[M. Sage]

I think the OP should have his kid pulled out of this harpy's class, to be honest.