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  • DuknBucks
    Member
    • May 2012
    • 418

    In home inspections and the state of Kali (Community Care Licensing)

    My wife has owned her own business now for 15 years. (In home day care). Periodically the state will come in for "drop in" inspections which hasnt really been an issue before.

    It does supprise me that everytime they show up they ask to see the inside of my gun safe? They continue to use the reason that they must "verify" that i have no loaded firearms of ammunition stored inside.

    my response to that is the door is clearly locked and a combination is required to open it.......so why does my wife need to open the door for them? During her first visit she did open the door and they just looked in from 5' feet away and said that looks good. what does that acutually acomplish?

    I am doing the research on the law that allows them to enter our home and inspect.

    My question is how can I legally refuse acess without comprimising her liscense?
    Last edited by Librarian; 07-10-2012, 9:58 PM.
    sigpic
    Most of the further discussion beyond the clear concise answer is usually people just trying to convince others that the Penal Code/Case Law doesn't really apply because their uncle's friend's cousin's son-in-law works as a gardener for a retired judge from another state who might or might not have said he doesn't think it applies to a certain case that has absolutely nothing to do with the question the OP asked.
  • #2
    Ctwo
    Member
    • May 2011
    • 182

    Aren't there defined areas of the property that are allocated for business and others for personal private dwelling? I mean, are they obliged to inspect your wife's panty drawer?

    Comment

    • #3
      Rossi357
      Senior Member
      • May 2010
      • 1229

      Originally posted by DuknBucks
      My wife has owned her own business now for 15 years. (In home day care). Periodically the state will come in for "drop in" inspections which hasnt really been an issue before.

      It does supprise me that everytime they show up they ask to see the inside of my gun safe? They continue to use the reason that they must "verify" that i have no loaded firearms of ammunition stored inside.

      my response to that is the door is clearly locked and a combination is required to open it.......so why does my wife need to open the door for them? During her first visit she did open the door and they just looked in from 5' feet away and said that looks good. what does that acutually acomplish?

      I am doing the research on the law that allows them to enter our home and inspect.

      My question is how can I legally refuse acess without comprimising her liscense?
      Probably by entering in to a license agreement with the state, she gave up the right to deny them entrance to the premesis. If they want the gunsafe open she can tell them she doesn't know the combination.

      Comment

      • #4
        meaty-btz
        Calguns Addict
        • Sep 2010
        • 8980

        change combination, don't tell wife.
        ...but their exists also in the human heart a depraved taste for equality, which impels the weak to attempt to lower the powerful to their own level, and reduces men to prefer equality in slavery to inequality with freedom.

        Comment

        • #5
          DuknBucks
          Member
          • May 2012
          • 418

          Originally posted by Rossi357
          Probably by entering in to a license agreement with the state, she gave up the right to deny them entrance to the premesis. If they want the gunsafe open she can tell them she doesn't know the combination.
          that is what i advised her to do and she did...the repsonse given was she must know the combo to show them no ammunition is in there. they want to see in there on the next visit. ( the last one was five years ago)
          sigpic
          Most of the further discussion beyond the clear concise answer is usually people just trying to convince others that the Penal Code/Case Law doesn't really apply because their uncle's friend's cousin's son-in-law works as a gardener for a retired judge from another state who might or might not have said he doesn't think it applies to a certain case that has absolutely nothing to do with the question the OP asked.

          Comment

          • #6
            DuknBucks
            Member
            • May 2012
            • 418

            Originally posted by Ctwo
            Aren't there defined areas of the property that are allocated for business and others for personal private dwelling? I mean, are they obliged to inspect your wife's panty drawer?
            I think this may be the key...there are areas "off limits" the kids in care but the aggreement may have acess to the entire house and contents? not sure yet.
            sigpic
            Most of the further discussion beyond the clear concise answer is usually people just trying to convince others that the Penal Code/Case Law doesn't really apply because their uncle's friend's cousin's son-in-law works as a gardener for a retired judge from another state who might or might not have said he doesn't think it applies to a certain case that has absolutely nothing to do with the question the OP asked.

            Comment

            • #7
              meaty-btz
              Calguns Addict
              • Sep 2010
              • 8980

              Is the property yours? (aka the Safe) Did you sign any agreement? Tell them to piss off and have Jason Davis on speed dial if they try to kill your wifes license.

              Though, this is the price you pay for contracting with the government.
              ...but their exists also in the human heart a depraved taste for equality, which impels the weak to attempt to lower the powerful to their own level, and reduces men to prefer equality in slavery to inequality with freedom.

              Comment

              • #8
                Alan Block
                Veteran Member
                • Jan 2007
                • 3052

                I am glad that they can and do inspect child care facilities given some of the horror stories over the years.

                Comment

                • #9
                  shadowofnight
                  Veteran Member
                  • Jun 2009
                  • 3749

                  Access to entire house and yard for inspection, no area is off limits.
                  They want ammunition separate from firearms, and both locked up as well.



                  Bottom of page 3, 102417.

                  Comment

                  • #10
                    DuknBucks
                    Member
                    • May 2012
                    • 418

                    Originally posted by meaty-btz
                    Is the property yours? (aka the Safe) Did you sign any agreement? Tell them to piss off and have Jason Davis on speed dial if they try to kill your wifes license.

                    Though, this is the price you pay for contracting with the government.
                    yes the safe belongs to me. Its been so long since she got certified ...i dont remember ever signing anything other than Live scan paperwork for the criminal background checks.
                    sigpic
                    Most of the further discussion beyond the clear concise answer is usually people just trying to convince others that the Penal Code/Case Law doesn't really apply because their uncle's friend's cousin's son-in-law works as a gardener for a retired judge from another state who might or might not have said he doesn't think it applies to a certain case that has absolutely nothing to do with the question the OP asked.

                    Comment

                    • #11
                      DuknBucks
                      Member
                      • May 2012
                      • 418

                      Originally posted by Alan Block
                      I am glad that they can and do inspect child care facilities given some of the horror stories over the years.
                      A locked safe is a locked safe......the kids have no acess what so ever. I think this is a perfect example of "over reaching" authority by the state.
                      sigpic
                      Most of the further discussion beyond the clear concise answer is usually people just trying to convince others that the Penal Code/Case Law doesn't really apply because their uncle's friend's cousin's son-in-law works as a gardener for a retired judge from another state who might or might not have said he doesn't think it applies to a certain case that has absolutely nothing to do with the question the OP asked.

                      Comment

                      • #12
                        Scream_4637
                        Member
                        • Dec 2010
                        • 130

                        Originally posted by DuknBucks
                        A locked safe is a locked safe......the kids have no acess what so ever. I think this is a perfect example of "over reaching" authority by the state.
                        I agree...

                        My wife does the same thing. I keep my safe in one of the off-limits room. Lady did not inspect safe or ask about it during last inspection (about 3 weeks ago).

                        Let me know what you find out because I also read that ammo and guns need to be separate as well.

                        Comment

                        • #13
                          littlejake
                          Senior Member
                          • Aug 2008
                          • 2168

                          Originally posted by shadowofnight
                          Access to entire house and yard for inspection, no area is off limits.
                          They want ammunition separate from firearms, and both locked up as well.



                          Bottom of page 3, 102417.
                          The language seems pretty clear.
                          Life Member NRA and 2A Foundation.
                          My posts are my own opinions and do not reflect those of any organization I am a member of.
                          Nothing I post should be construed as legal advice; if you need legal advice, see a lawyer.

                          "Necessity is the plea for every infringement of human freedom. It is the argument of tyrants; it is the creed of slaves."
                          William Pitt (1759-1806)

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                          • #14
                            paul0660
                            In Memoriam
                            • Jul 2007
                            • 15669

                            The language seems pretty clear.
                            It does. It is the responsibility of the provider to follow those rules. Once the inspector is aware of the safe, they have the authority and responsibility to make certain the rules are adhered to. This has nothing to do with kids and guns. It has to do with applying and getting a license and following the requirements of the license.
                            *REMOVE THIS PART BEFORE POSTING*

                            Comment

                            • #15
                              Kukuforguns
                              Senior Member
                              • Sep 2010
                              • 659

                              There you go. If child care services are not provided in the room with the safe and if children have no access to the room with the safe, then you are not required to permit the Department to inspect that room. At the next visit, politely advise the inspectors that no children are ever present in that room and point out the above regulation.

                              If children do have access to that room, then the Department has an excellent argument that they can see the insides of the safe.
                              WTB: Magazines for S&W M&P 9c

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