Open carry in front yard?

[CK_32]

I don't OC, but with a lot of events happening in my neighborhood it got me wondering.

What if we did walk into our front yard OCing a AR or pistol? What about CCWing on our front yard with cops present?? Being it's my property, shouldn't I be legally allowed to OC on my own property?

Legal? Illegal?

[teg33]

Unless your front yard is fenced and not open for public, it is illegal to carry unless you're exempt.

[glockman19]

Front yard must be fenced with controlled entry.

[CK_32]

That's what I figured.

Sounded like a CA rule. But no it's not fenced.

[Dvrjon]

If your property is fenced and gated, perhaps. No fence; no gate, your property is "public" and you can be arrested.
It's been covered some:

http://wiki.calgunsfoundation.org/Unlicensed_Concealed_Carry

http://www.calguns.net/calgunforum/showthread.php?t=612433

http://www.calguns.net/calgunforum/showthread.php?t=601853

http://www.calguns.net/calgunforum/showthread.php?t=505580

Also, if you were to open carry outside your house and interact in any way with the population, you could be subject to additional charges of "brandishment".

Best.

[GabeCA]

This state is retarded. You don't even have a right to keep and bear arms on your own property. They would probably send a SWAT unit to deal with you. If you are determined, perhaps assemble an AR15 upper on an unfinished 80% lower receiver. Or carry on your balcony/closed deck/roof if you have one. Just don't point it anywhere and be ready to surrender when the police comes. There were cases of people getting shot by the police for carrying airsoft rifles.

[Quiet]

This state is retarded. You don't even have a right to keep and bear arms on your own property. They would probably send a SWAT unit to deal with you. If you are determined, perhaps assemble an AR15 upper on an unfinished 80% lower receiver. Or carry on your balcony/closed deck/roof if you have one. Just don't point it anywhere and be ready to surrender when the police comes. There were cases of people getting shot by the police for carrying airsoft rifles.

Well you can thank people open carrying as a form of political protest and CA Governor Ronald Reagan for effectively banning open carry in CA.

[Michael Ehline]

You should still be able to conceal carry anywhere on your property that is privately held based upon my research. But Librarian just pointed out below that even if it is your property, you cannot if it is "public access," so you must close off your perimeter. The problem is that if it is a publicly accessible area, it would be considered "brandishing" to openly carry by many LEO I have interviewed, and as I saw with my own eyes when I worked for the Los Angeles City Attorney Criminal Prosecution Division. Why would you want to open carry in your hood anyways? Think like a covert ops Navy SEAL dude. Clark Kent! (Do not consider any of this legal advice, and seek a legal opinion letter you pay a lawyer for, prior to exercising your rights in California)

[CSACANNONEER]

I loaded open carry long guns in my "front yard" every day. Of course, I have a hunting license and a variety of stamps and tags and it is legal to shoot and hunt here.

[GabeCA]

Well you can thank people open carrying as a form of political protest and CA Governor Ronald Reagan for effectively banning open carry in CA.

The blame lies with the politicians and the courts, not with the people exercising their rights. While I would prefer concealed carry to open carry in almost every situation, I also do not see the point in distinguishing between them. Why would a criminal open carry a weapon? He would be more likely to get arrested.

Also, banning both open carry and concealed carry as is done in CA is a blatant violation of the Constitution. But times are changing, there are only a few "may issue" states left and hopefully in a few years that will also change.

[Librarian]

You should still be able to conceal carry anywhere on your property that is privately held based upon my research. The problem is that if it is a publicly accessible area, it would be considered "brandishing" to openly carry.

It would take an extraordinary leap of pretzel logic to claim carry in a holster to be 'brandishing'; California does not use the term, it's PC 417(b)

(b) Every person who, except in self-defense, in the presence of any other person, draws or exhibits any loaded firearm in a rude, angry, or threatening manner, or who, in any manner, unlawfully uses any loaded firearm in any fight or quarrel upon the grounds of any day care center, as defined in Section 1596.76 of the Health and Safety Code, or any facility where programs, including day care programs or recreational programs, are being conducted for persons under 18 years of age, including programs conducted by a nonprofit organization, during the hours in which the center or facility is open for use, shall be punished by imprisonment in the state prison for 16 months, or two or three years, or by imprisonment in a county jail for not less than three months, nor more than one year.

That said, the 'public access' problem applies to front yards; see the wiki article -- http://wiki.calgunsfoundation.org/Un...oncealed_Carry

[Michael Ehline]

It would take an extraordinary leap of pretzel logic to claim carry in a holster to be 'brandishing'; California does not use the term, it's PC 417(b)
That said, the 'public access' problem applies to front yards; see the wiki article -- http://wiki.calgunsfoundation.org/Un...oncealed_Carry

^^ I agree. But that is how LEO treats it unfortunately.

[Dvrjon]

It would take an extraordinary leap of pretzel logic to claim carry in a holster to be 'brandishing'; California does not use the term, it's PC 417(b)
That said, the 'public access' problem applies to front yards; see the wiki article -- http://wiki.calgunsfoundation.org/Un...oncealed_Carry

I only know what I read in the Wikis: http://wiki.calgunsfoundation.org/Fi...s_prohibitions

(On a positive note, I'm reading your Wikis)😀

I would think that, if one were to, in what could be described as a rude, angry, or threatening manner, place one's hand on one's holstered weapon, one might be perceived as exhibiting the weapon in a rude, angry, or threatening manner. Context would be key.

Best.

[RickD427]

^^ I agree. But that is how LEO treats it unfortunately.

Michael,

I'm gonna call BS on your posting here. LEO's are trained to apply the elements of offenses. The "rude and treatening manner" is an element of Brandishing of Firearm. Without that element, there is no violation.

California has more than 50,000 LEOs. I'm sure that you will find a few anecdotes where arrests for Brandishing a Firearm have been made absent all elements. Any time that you have that many practioners, you're going to have some errors. But those numbers are pretty small. You've made a very pejorative statement here, and have likened it to the entire profession.

Considering those 50,000+ LEOs, I hope that you can cite a correspondingly large number of incidents.

[glockman19]

If your property is fenced and gated, perhaps. No fence; no gate, your property is "public" and you can be arrested.
It's been covered some:

http://wiki.calgunsfoundation.org/Unlicensed_Concealed_Carry

http://www.calguns.net/calgunforum/showthread.php?t=612433

http://www.calguns.net/calgunforum/showthread.php?t=601853

http://www.calguns.net/calgunforum/showthread.php?t=505580

Also, if you were to open carry outside your house and interact in any way with the population, you could be subject to additional charges of "brandishment".

Best.

Banishing a weapon of any kind requires Anger, Threatening or Rude behavior to accompany the act. Without certain behavior, it is NOT brandishing.