Carry on my property

[Pistol Fan]

Can someone direct me to legal info for carry on my residential acreage and/or place of business? I did a search and didn't come up with anything yet. I'm interested in concealed and open carry of both long guns and handguns. I seem to remember reading something detailing wether or not your property is accessible to the public.

[Coyote Brown]

Inflammatory FUD

[Pistol Fan]

If an officer sees your gun or a neighbor , you are a dead man. Law or not on your side.

Thanks for the answer, but it really doesn't address the question. I actually just found a helpful thread on open carry in your business. Didn't really want to ignite the open carry target discussion.

[Pistol Fan]

Found my answer here. Posting the link in case anyone is interested:

http://wiki.calgunsfoundation.org/Unlicensed_Concealed_Carry

[therealnickb]

It's legal to carry concealed on your property or at your business.

If you are concerned call a legal beagle. A public forum isn't the best place for accurate info IMO.

[Coyote Brown]

ULOC has gained so much negative press that this OP's question is valid. Loaded carry in known safe to protect oneself zones as your home and business are current in light of hundreds of new laws.

Tagged for silent observating.

[MudCamper]

PC 25400 (formerly 12025) (concealed), 25850 (formerly 12031) (loaded), and 26350 (UOC) all include exemptions for your home, place of business, and private property with authorization from the owner.

However, there have been court cases where private property that is physically open to the public do not qualify. There must be a fence or wall. I don't remember the citations but they have been discussed many times here on the forums. Perhaps some other person will find them and link?

However I also doubt that rural acreage would have the same "fence" requirement. The case I vaguely recall was all about a fenced suburban home and it's gate.

ETA: Found it. People v. Overturf. See the CGF wiki page here: http://wiki.calgunsfoundation.org/Un...oncealed_Carry

[Hachi6]

At the end of the unlicensed concealed carry link, the page states "As such, the current jurisprudence in California is that if the public can come unmolested or unchallenged into an area, you can not conceal or openly carry a loaded firearm in that area unless you have a specific and immediate need to defend life or property. "
So let's say I have a fence around my front yard but my driveway is not fenced in and is open to the street. If my garage is open, does it count as public grounds?

[voiceofreason]

Must the fence or gate be locked?

If you have a sliding/rolling gate that is not designed to lock in your front yard that is 4ft tall and it is closed, does this satisfy the requirements?

It is obviously closed to the public, but is not locked.

[Pistol Fan]

Must the fence or gate be locked?

If you have a sliding/rolling gate that is not designed to lock in your front yard that is 4ft tall and it is closed, does this satisfy the requirements?

It is obviously closed to the public, but is not locked.

For my purposes the entire property is fenced to a minimum of five feet and the only access is through locked gates bordered by No Trespass signs. It looks like I might be safe to protect my family in my home, even in California.

[Burbur]

At the end of the unlicensed concealed carry link, the page states "As such, the current jurisprudence in California is that if the public can come unmolested or unchallenged into an area, you can not conceal or openly carry a loaded firearm in that area unless you have a specific and immediate need to defend life or property. "
So let's say I have a fence around my front yard but my driveway is not fenced in and is open to the street. If my garage is open, does it count as public grounds?

Seems to me, that a homeowner with a gun can molest or challenge any member of the general public trying to gain access to his area, but that's just me...

[A-J]

I was going to ask this question myself. Some of the case law used in defining seems to have come from Heller. I find it troubling that my own front yard and driveway can be considered "public" especially since I live so close to a school. The question about hte open garage is a good one too. I buy and sell motorcycles to support my riding habit, and with the flakes you sometimes get on CL, I used to fell safe knowing that I could carry my gun loaded and concealed "just in case". But with ruling going towards there having to be an "imminent threat" if you're not inside the house or a completely enclosed area, I have my doubts. The problem is that once the threat reveals itself, it's often too late if you don't have the weapon at hand or in hand. You can't tell a BG "Hold on while I go get my gun, BRB."

EDIT - the link to the Wiki someone posted earlier has the answer and cites the specific case law. Nice!

[mej16489]

PC 25400 (formerly 12025) (concealed), 25850 (formerly 12031) (loaded), and 26350 (UOC) all include exemptions for your home, place of business, and private property with authorization from the owner.

However, there have been court cases where private property that is physically open to the public do not qualify. There must be a fence or wall. I don't remember the citations but they have been discussed many times here on the forums. Perhaps some other person will find them and link?

However I also doubt that rural acreage would have the same "fence" requirement. The case I vaguely recall was all about a fenced suburban home and it's gate.

ETA: Found it. People v. Overturf. See the CGF wiki page here: http://wiki.calgunsfoundation.org/Un...oncealed_Carry

Overturf only covers 25850/12031 public places with regard to 'loaded', it doesn't have anything todo with concealment which is explicitly about private property (owned) exemptions. I haven't really studied 26350 yet, but since it was based on 25850 it likely has the same 'public place' language.