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Questions about carrying at home.

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  • #16
    E Pluribus Unum
    Calguns Addict
    • Dec 2006
    • 8097

    Originally posted by CA_Libertarian
    See People v Overturf. He was carrying a loaded weapon in his front yard and was convicted under 12031. IIRC, his home was also the 'office' for the small apartment complex he lived in, so it was also his place of business.

    I don't think the legislature intended 12031 to be applied to private property, but the courts tend to disregard legislative intent when they really wanna nail a guy to the wall.
    I am not talking about an apartment complex. In an apartment complex, the "front lawn" is communal.

    I am saying in my home that I own, or that I am renting I can open carry or conceal a loaded firearm while anywhere on that private property, including the front lawn. Even if I am across the street from a school.

    I know this because I was once served an eviction notice by a landlord because it was a "condition of the lease that no firearms be present at any time." And the landlord came out to fix the air conditioning unit and saw my gun case. I looked in the lease and sure enough.... it said "No firearms or other deadly weapons". I decided to go to the eviction hearing and the judge denied it. He said the landlord had no ability to restrict private ownership of legal firearms even if it was specified in the lease agreement.
    Originally posted by Alan Gura
    The Second Amendment now applies to state and local governments. Our lawsuit is a reminder to state and local bureaucrats that we have a Bill of Rights in this country, not a Bill of Needs
    Originally posted by hoffmang
    12050[CCW] licenses will be shall issue soon.

    -Gene
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