Can I legally carry a gun in my store?

[cowfish]

Hi guys. Just registered but been lurking for some time now. I love what you guys are doing for people stuck living in California. This site has helped answer so many questions and to a greater extent has opened my eyes to subjects and issues I had not even been aware of.

That having been said, as my thread title asks; Can I legally carry a weapon on my person while I am working at my store?

A little background information:
My folks own a deli and we have had a few attempted robberies and a couple of late night break-ins over the years. We have unusual hours (open at 3am and close at 6pm) due to large catering orders and it seems the potential low lifes are taking advantage of that. Interestingly enough, the store is located 2 blocks away from the police station. Last month a group had the audacity to try to rob my mother outside our home's driveway as she prepared to leave for work in the morning. We think they followed one of my parents home.

Luckily, they only had a knife. My mom leaned on the horn and I ran out with my gun in hand and chased the guys off. (I made them practice these sort of drills in advance when I still lived with them in high school) Guess they didn't like my AK as much as I do cause they took off the instant they saw my gun, even before I could even start swearing at them. If I still lived at home with them, problem solved, but I don't. I live a good 120-130 miles away and it was dumb luck I was visiting that week, I might not be home the next time.

This was the last straw or so the saying goes, and I finally convinced my dad to get a shotgun for home defense. After a number of trips to the range and trying my various guns, he's come enjoy shooting. I want to get him a pistol and thus I finally come back to my original question. Is it legal for him to keep it on his person at the store? Or can he at the very least keep it close by in a safe location?

Thanks in advance guys! Oh, and my bad if I posted this in the wrong section. Wasn't a 100%.

[vincewarde]

I believe that the simple answer to the question is yes, but you would do well to visit DOJs website and download the latest version of the Gun Owners Guide. I believe that it will say something to the effect that any non-prohibited person (someone who can legally own a gun) may carry openly or concealed in their home or business. Unlike NYC, California doesn't require a special permit in your business. This can get complicated if you are an employee, but I think it is simple if you are the owner of a family business.

My understanding is that this does not cover the parking lot, or any other outdoor area open to the public (i.e. your unfenced front yard at home).

I am sure others here will flesh this answer out with further details, so I would keep checking if I were you.

Also, going to the range is great - but if I were going to carry in my business, I would get training in how to fight with a gun, as well as when lethal force is legal and necessary. You could start with a CCW class. Even if you never apply for a permit, I am sure you would learn a lot that would apply to carrying in a store.

Hope this helps!

[AndrewMendez]

Welcome: http://wiki.calgunsfoundation.org/Un...oncealed_Carry

[Librarian]

Perfect section. Imperfect answer.

The answer is 'maybe' and 'be sure to talk to your own lawyer before you act'.

See the wiki article for some background -- http://wiki.calgunsfoundation.org/Un...oncealed_Carry

YES, he can keep one at the register (for one example).

YES, he, as the owner, can carry concealed in his business; the tricky part comes in at 'loaded' where it intersects with 'what is a public place in a business?'

Anecdotes suggest that many PD are in favor of merchants being able to defend themselves; if you happen to know some of the locals, get their opinions.

And don't forget the lawyer ...

[Munk]

To remove doubt about unlicensed carry; apply for a license. I hope that prior violence, late hours, and being a business owner would be sufficient good cause for a license to carry. I guess it all comes down to who your sheriff is. (or chief of police, if lucky).

[cowfish]

Thanks for the info. Ill pass it on to my father.

[OleCuss]

I just want to emphasize that if you are carrying a firearm and you are subjected to robbery it does not mean that you should use your firearm.

You have to consider that if you shoot the bad guy you will likely go to jail for doing that. You will lose a lot of money paying lawyers to defend yourself. And if innocents are killed either by your shooting or by the bad guy shooting - it gets far messier ethically, emotionally, legally, and financially.

The upshot is that if you are convinced that you and/or others immediately around you (whom you know for a fact are innocent) are going to die if you don't shoot - then shoot to stop the bad guy.

But if you are pretty sure that letting them have money or goods will result in their leaving without major injury, you would do well to hold your fire.

One other thing. If at all possible, seek some sort of cover and/or distance before firing. Don't be a bullet sponge. Ideally, we practice drawing and preparing to fire as we move.

[kcbrown]

The upshot is that if you are convinced that you and/or others immediately around you (whom you know for a fact are innocent) are going to die if you don't shoot - then shoot to stop the bad guy.

But if you are pretty sure that letting them have money or goods will result in their leaving without major injury, you would do well to hold your fire.

How the !@$#$%!! are you supposed to tell the difference???

The bad guy isn't going to come in and ask nicely for your money without displaying some sort of threat to back up his "request".


You may have to say the above because that's the "legal standard", but as far as I know in the real world there's no way at all to really tell how much of a threat to your life someone with a weapon is. All you're doing is guessing, and that means that you're relying on blind luck.

And that means you have to assume the worst: the robber is going to attempt to kill you.

[Shoobee]

...

One other thing. If at all possible, seek some sort of cover and/or distance before firing. Don't be a bullet sponge. Ideally, we practice drawing and preparing to fire as we move.

Excellent point, Officer. I would not have thought of that on my own. Thanks.

[AragornElessar86]

To remove doubt about unlicensed carry; apply for a license. I hope that prior violence, late hours, and being a business owner would be sufficient good cause for a license to carry. I guess it all comes down to who your sheriff is. (or chief of police, if lucky).

Best advice thus far in the thread. Well after the whole "call a lawyer" bit that Librarian mentioned.

[Shoobee]

Welcome: http://wiki.calgunsfoundation.org/Un...oncealed_Carry

Thanks Andrew, great summary of the law on business and residential CCW. Basically, if your boss (who owns the business or is a partner in its ownership) permits you to CCW, then you may. And the boss or a partner may.

And inside your home, or in your fenced yard, you may also.

But in the common areas of your apartment or condo complex though, apparently you may not carry a loaded weapon either openly or concealed.

And in the public areas of your business location, you also may not carry a loaded weapon.

So it sounds like whenever you come out from behind the counter, or come out of your office, you may not be armed, unless there is an emergency situation in progress, if I read the statutes right.

So apparently the gun needs to stay behind the counter (where the public obviously are never allowed) or in your office (which is private).

[Shoobee]

Best advice thus far in the thread. Well after the whole "call a lawyer" bit that Librarian mentioned.

Applying for a license is not going to do any good in Santa Clara County and some others, unless you are a diamond jeweler, or if someone has made a threat on your life, and you can document it.

http://www.mercurynews.com/bay-area-news/ci_19521214

[kcbrown]

Applying for a license is not going to do any good in Santa Clara County and some others, unless you are a diamond jeweler, or if someone has made a threat on your life, and you can document it.

http://www.mercurynews.com/bay-area-news/ci_19521214

I thought that in Santa Clara county, it wouldn't do you any good unless you're the CEO of Cisco, have managed to contribute tens of thousands towards the sheriff's reelection campaign, or are politically "important".

From what I understand, Santa Clara county is not "accepting" applications, which probably means you have to have enough political clout to make a personal appointment with the sheriff, after which your application will "mysteriously" be accepted...


Remember, we're "little people", so it doesn't matter if we get hurt or killed out in the streets.

[Shoobee]

That Santa Clara County Sheriff has got to go. We need to vote her out.

Isn't there a retired LEO here somewhere that can get the NRA to back them?