Carrying on Private Property?

[PositiveInfluence]

I own 5 acres of land in the Sacramento area that I do in fact live on. It is frequented by vandals, squatters and the like each night for God knows what. I was wondering about carrying on my own private property, what are the legal issues pertaining to this request? Thanks guys!

[CSACANNONEER]

If you have a fence around it, you should be GTG!

[PositiveInfluence]

Perfect! Thank you sir! Does that carry over into concealed or should I get a holster?

[Brianguy]

I think it has to be a locked fence

[PositiveInfluence]

It is a chain link fence, it surrounds my entire property, and one side is even lined with barb wire! There is a sliding gate that leads to my driveway but that is closed nightly and most of the day.

[CSACANNONEER]

Personally, I normally carry concealed (I am not a LEO nor do I have a CCW) on any property that I am living on. I don't like showing my ace in the hole until I need to. Well, that and I've found that a belt holster can get in my way while working.

[kilrain]

I think it has to be a locked fence

If you have a fence around it, you should be GTG!

Why do you think there has to be a fence around the property? There is nothing in the law requiring a fence. See 12026 PC.

[garrett916]

its private property. you can carry a long gun strapped to your back i side arm on your hip and a chainsaw in your hands it doesnt matter. your property carry your gun where ever whenever you want on it.

[tlillard23]

its private property. you can carry a long gun strapped to your back i side arm on your hip and a chainsaw in your hands it doesnt matter. your property carry your gun where ever whenever you want on it.

just like Mr. Hart down in SLO. the cops didn't seem to mind.... taking his guns.

[kilrain]

just like Mr. Hart down in SLO. the cops didn't seem to mind.... taking his guns.

I don't think, but I admit I've not followed that story closely, that he was arrested for, or charged with, carrying a concealed firearm or even just "carrying a firearm" for that matter. If he was, I stand corrected.............

[RedMongooSe]

i know that when you have a fence around your property you have a higher expectation of privacy. furthermore, that fence acts like a border where the public knows or reasonably should know they are not allowed. A DA told me that if there is a fence you are OK to drink alcohol and carry a gun because there is that expectation of privacy. however, if there is no fence, there is a lower expectation of privacy and because of that you can be cited for drinking in public or a 120XX section even though it might be your property!

just my .02

red

[kilrain]

i know that when you have a fence around your property you have a higher expectation of privacy. furthermore, that fence acts like a border where the public knows or reasonably should know they are not allowed. A DA told me that if there is a fence you are OK to drink alcohol and carry a gun because there is that expectation of privacy. however, if there is no fence, there is a lower expectation of privacy and because of that you can be cited for drinking in public or a 120XX section even though it might be your property!

just my .02

red

California Penal Code12026
(a) Section 12025 shall not apply to or affect any citizen of the United States or legal resident over the age of 18 years who resides or is temporarily within this state, and who is not within the excepted classes prescribed by Section 12021 or 12021.1 of this code or Section 8100 or 8103 of the Welfare and Institutions Code, who carries, either openly or concealed, anywhere within the citizen's or legal resident's place of residence, place of business, or on private property owned or lawfully possessed by the citizen or legal resident any pistol, revolver, or other firearm capable of being concealed upon the person.

(b) No permit or license to purchase, own, possess, keep, or carry, either openly or concealed, shall be required of any citizen of the United States or legal resident over the age of 18 years who resides or is temporarily within this state, and who is not within the excepted classes prescribed by Section 12021 or 12021.1 of this code or Section 8100 or 8103 of the Welfare and Institutions Code, to purchase, own, possess, keep, or carry, either openly or concealed, a pistol, revolver, or other firearm capable of being concealed upon the person within the citizen's or legal resident's place of residence, place of business, or on private property owned or lawfully possessed by the citizen or legal resident.

(c) Nothing in this section shall be construed as affecting the application of Section 12031.

The DA was trying to get you, and everybody else, to "play it safe" by telling you about the fence, which is probably a prudent choice. That being said, the state law says nothing about requiring a fence or needing a reasonable expectation of privacy to carry a firearm on your own property. I'm not saying you won't get hassled or even arrested, I'm just saying that if you do, you have a legal defense in criminal court and possibly grounds for a civil action.

I won't address the drinking issue as I don't see how it is relevant to the post.

[CSACANNONEER]

Why do you think there has to be a fence around the property? There is nothing in the law requiring a fence. See 12026 PC.

I realize what the law states. I also know that there is some BAD case law out there too. Just talk to Thesus if you don't believe me. I know his case was a bit different but, the judge ruled that since the public can enter freely enter the private property, it is treated as "public property"!

[RedMongooSe]

I realize what the law states. I also know that there is some BAD case law out there too. Just talk to Thesus if you don't believe me. I know his case was a bit different but, the judge ruled that since the public can enter freely enter the private property, it is treated as "public property"!

this is how they rule it in OC.

[RedMongooSe]

California Penal Code12026
(a) Section 12025 shall not apply to or affect any citizen of the United States or legal resident over the age of 18 years who resides or is temporarily within this state, and who is not within the excepted classes prescribed by Section 12021 or 12021.1 of this code or Section 8100 or 8103 of the Welfare and Institutions Code, who carries, either openly or concealed, anywhere within the citizen's or legal resident's place of residence, place of business, or on private property owned or lawfully possessed by the citizen or legal resident any pistol, revolver, or other firearm capable of being concealed upon the person.

(b) No permit or license to purchase, own, possess, keep, or carry, either openly or concealed, shall be required of any citizen of the United States or legal resident over the age of 18 years who resides or is temporarily within this state, and who is not within the excepted classes prescribed by Section 12021 or 12021.1 of this code or Section 8100 or 8103 of the Welfare and Institutions Code, to purchase, own, possess, keep, or carry, either openly or concealed, a pistol, revolver, or other firearm capable of being concealed upon the person within the citizen's or legal resident's place of residence, place of business, or on private property owned or lawfully possessed by the citizen or legal resident.

(c) Nothing in this section shall be construed as affecting the application of Section 12031.

The DA was trying to get you, and everybody else, to "play it safe" by telling you about the fence, which is probably a prudent choice. That being said, the state law says nothing about requiring a fence or needing a reasonable expectation of privacy to carry a firearm on your own property. I'm not saying you won't get hassled or even arrested, I'm just saying that if you do, you have a legal defense in criminal court and possibly grounds for a civil action.

I won't address the drinking issue as I don't see how it is relevant to the post.

I'm not trying to argue, here is just some food for thought.

People v. Yarbrough (2008)

and:

"When construing statutes forbidding certain behavior in a 'public place' or 'public area,' California courts have routinely held that privately-owned property can constitute a public place." (People v. Tapia, supra, 129 Cal.App.4th 1153, 1161.)