Private Property Definition

[Bolt_Action]

I’ve read some concerning things regarding exactly what is and isn’t considered “private property” when it comes to how the law regulates the carrying and possession of firearms ”in public.”

For example, a yard, while privately owned, may not legally be considered “private property” unless it’s fenced?

Can you carry/possess loaded/unloaded firearms in your backyard? What about your front yard? Does it matter if it’s fenced? If fencing matters, does it matter if there’s a gate to the fence and it’s open or closed?

What about inside your house or garage? Is that always private property? Does the status of how private it is change when a door or garage door is open or closed?

Is there some sort of Calguns FAQ that lays this all out, along with any supporting law or case law?

[DolphinFan]

Today you can carry a handgun anywhere they isn?t designated a ?Sensitive Place? with proper signage and restricted entry.

?We too agree and hold consistent with Heller and McDonald, that the Second and fourteenth amendments PEOTECTS an individual to carry a handgun for self defense outside the home.?

[edgerly779]

If property visible from public (no fence) than cannot open carry in Ca. FYI this is outdoors not indoors.

[Bolt_Action]

If property visible from public (no fence) than cannot open carry in Ca.

What does this mean? What if you have windows? Is that visible to the public? What if you have an open door, you have to stop carrying while your door is open? What if you get a knock on the door and you don?t know who?s there, you have to stop carrying in order to open your front door? What if you?re cleaning your guns, can you have the door or window open to vent the fumes?

Let’s say you have a work bench in your garage, can you keep your garage door open while you clean your guns? Or would that be possessing/carrying a firearm in a public place, now that your garage door is open?

[RickD427]

I?ve read some concerning things regarding exactly what is and isn?t considered ?private property? when it comes to how the law regulates the carrying and possession of firearms ?in public.?

For example, a yard, while privately owned, may not legally be considered ?private property? unless it?s fenced?

Can you carry/possess loaded/unloaded firearms in your backyard? What about your front yard? Does it matter if it?s fenced? If fencing matters, does it matter if there?s a gate to the fence and it?s open or closed?

What about inside your house or garage? Is that always private property? Does the status of how private it is change when a door or garage door is open or closed?

Is there some sort of Calguns FAQ that lays this all out, along with any supporting law or case law?

You're showing a major mis-understanding with your question.

"Privately-Owned Property" is not the opposite of "Public Property." Your whole question ends right there.

Please keep in mind that "Private Property" is different from "Privately-Owned Property" and that "Public Property" is different "Publicly-Owned Property."

In the former it's the access that is controlling, in the latter it's the title that is controlling.

You can have "Private" property that is "Publicly-Owned." The secure areas of a military base are a good example.

You can also have "Public" property that is "Privately Owned." A shopping mall is a good example.

With a notable exception for a business owner on his/her/its/other property, California's statutes governing carry address the access to a property, not the ownership of the property.

[SVT-40]

Open to public access is much different than privately owned.

Your front yard is your private property, but unless it's fully fenced with locked gates it's open to public access.

[Bolt_Action]

Open to public access is much different than privately owned.

Your front yard is your private property, but unless it's fully fenced with locked gates it's open to public access.

What about your garage? Is that ?open to public access? if your garage door happens to be open? What about your living room, is that ?open to public access? if you have your doors open?

[mr goodguy]

Once you hop the fence your now in private property? What if it’s only a 2 feet fence? But it’s gated with a small gate. I’m thinking anyone who jumps that fence is trespassing? No matter the height of the fence

[A-J]

I?ve read some concerning things regarding exactly what is and isn?t considered ?private property? when it comes to how the law regulates the carrying and possession of firearms ?in public.?

For example, a yard, while privately owned, may not legally be considered ?private property? unless it?s fenced?

Can you carry/possess loaded/unloaded firearms in your backyard? What about your front yard? Does it matter if it?s fenced? If fencing matters, does it matter if there?s a gate to the fence and it?s open or closed?

What about inside your house or garage? Is that always private property? Does the status of how private it is change when a door or garage door is open or closed?

Is there some sort of Calguns FAQ that lays this all out, along with any supporting law or case law?

Many many moons ago, there was a CGer who was arrested for open carry. He was in a laundromat doing laundry. But because the "privately owned" business was open to the public, he was convicted. There was a very lengthy discussion on this on here at the time. I don't recall how long ago or what his user name was, but it's where we all learned the distinction between private property (IE your gated front yard) and "publicly accessible" private property (IE your front yard with no fencing).

[Librarian]

See also the wiki - http://web.archive.org/web/202002160...oncealed_Carry, especially the lower discussion on Strider.

[RickD427]

What about your garage? Is that ?open to public access? if your garage door happens to be open? What about your living room, is that ?open to public access? if you have your doors open?

Once you hop the fence your now in private property? What if it?s only a 2 foot fence? But it?s gated with a small gate. I?m thinking anyone who jumps that fence is trespassing? No matter the height of the fence

Gents,

Please check out the body of case law concerning the concept of "Curtilage" (That's the fancy legal term for what you're describing).

That's an area of case law that's really to complex to adequately cover in this thread.

[Bolt_Action]

Gents,

Please check out the body of case law concerning the concept of "Curtilage" (That's the fancy legal term for what you're describing).

That's an area of case law that's really to complex to adequately cover in this thread.

But it’s not complicated to say whether it’s legal or not to have a firearm in your hands, clean one, etc. in your garage if the garage door is open. That’s a simple yes or no question. Either it’s legal, or it isn’t. It’s either legal or it isn’t, to have a firearm on your person in your house when your door is open.

[Russian Bot]

Your yard is private property with public access until you fence it. Your garage is private property, your living room is private property. For the sake of some of your examples, when I clean guns I usually do it in a place where I'm not easily visible from the sidewalk.

[RickD427]

But it?s not complicated to say whether it?s legal or not to have a firearm in your hands, clean one, etc. in your garage if the garage door is open. That?s a simple yes or no question. Either it?s legal, or it isn?t. It?s either legal or it isn?t, to have a firearm on your person in your house when your door is open.

Nope, it's not that simple. It should be, but it ain't.

My read on your question, goes like this:

1) If your garage opens right on to a common alley, and you're in a dense area, and your garage is often open, and you normally enter your home through the garage door, and you frequently socialize with your neighbors while in your garage (a hypothetical that I designed to minimize the "Curtilage"), then "No" you cannot openly carry a firearm (in a prohibited area) or carry a concealed firearm.

2) If your garage is at the end of a privately-owned driveway, away from the pathway to your front door, and you normally keep the garage door closed (all in my hypothetical to maximize the "Curtilage") then you can openly carry, or concealed carry, in the garage with the door open.

The reason that there is no "Yes or No" answer to question is that the concept of "Curtilage" applies differently in the two examples.

I have one diagnostic question - How much case law concerning "Curtilage" have you studied before making this post?

Please don't make the mistake of trying to apply "Common Sense" to the application of law. I can guarantee that will get you in trouble.

[Russian Bot]

But it?s not complicated to say whether it?s legal or not to have a firearm in your hands, clean one, etc. in your garage if the garage door is open. That?s a simple yes or no question. Either it?s legal, or it isn?t. It?s either legal or it isn?t, to have a firearm on your person in your house when your door is open.

Except it's not a simple yes or no. For example were you walking your front yard while holding it in a threatening manner? While cleaning with the door open did you inadvertently flag a 3 year old just walking by?
I prefer to keep them from the public view myself, there are family members who have no idea what I own, or even that I own guns at all.