Circumventing The California CCW Permit Requirement!

so I get asked all the time can I carry my loaded handgun on my own property in my residence I get this question all the time so I thought I'd put out a quick video so although I am a licensed and practicing attorney in the state of California this in no way is legal advice I always recommend you look into the little codes for yourself this is just going to be some basic foundational information we're gonna look at some of the Penal Code and some of the case law that's developed around this but every situation factually is different do not think just because there are some general rules and guidelines that that will apply to your case so real quick before we jump into this video about you carrying your firearm in your home on your residence on your private property I would like to thank you SCCA for supporting the channel you see CA provides carry insurance legal protection and I would say if you're considering carrying a firearm in your home you know on your residents on your private property or if you have a CCW I always recommend that you have some sort of legal protection and you SCCA provides the best legal protection in my opinion I'll go ahead and pin a comment down below and also put a link to us CCA in the details generally in the state of California the rule is that yes you can carry a loaded firearm on your property if it is your own residence you own it it's your own private property that your own property you can carry a loaded firearm on your property there are some caveats however and so specifically for reference the code that kind of dictates this is Penal Code to five six zero five and this was Penal Code one two zero to six prior so depending on if you're looking at some case law or some other things that involve this specific legal issue you might see one of those codes so this Penal Code expressly exempts a homeowner or a renter from the law which penalizes individuals from carry a loaded firearm if that individual is carrying the firearm in their home if the renter is carrying the firearm in the you know area that they rent then this you know Penal Code to five six zero five kicks in and you are not violating California law by carrying a loaded firearm so real quick I'll just read two abbreviated and I kind of trimmed down the language of two five six zero five because there's a lot of extra no mumbo-jumbo that's adding there but I turned us down no permit or license to carry either openly or concealed shall be required of any citizen of the US or legal residents over the age of 18 years who resides or is temporarily within this state who carries either openly or concealed anywhere within the citizens or legal residents place of residence or on private property owned or lawfully possessed by the citizen or legal residents any pistol revolver or other firearm capable of being concealed upon the person so under this Penal Code essentially what it's saying is it you know if you're over 18 you are lawfully allowed to have this firearm the first place you are allowed to have that firearm carry it either open or concealed it can be loaded in your place of residence or on your private property so a lot of people will stop their inquiry there but there has been some case law that's developed around this issue that we need to dig into a little bit deeper because there's this issue of you know quasi public versus public property you know public access property common areas of specific properties like you know if you're a renter there may be some common areas and the questions might arise whether you can carry the firearm in these common areas so there's been some cases all its developed around that so we need to take a look into what exactly does that say so the general rule and what's developed in the state of California is let's say you have private property and let's say yes it is your private property but carrying a farm is prohibited even if it's your private property if there is open access to the public like if you allow the public to come onto your private property and you have public access to it then this law in the state of California says that you may not be able to carry a firearm concealed in those situations because then your property is no longer technically private it is kind of quasi public because you have granted you know the public access to your property so in this sense you know even though the property is privately owned it does not necessarily mean that the property is they're not open to the public or public property in a sense and a good case for this is people be over turf so in this case the court held that common areas of an apartment complex was a public place and therefore mister over turf could not carry a loaded firearm even though mister over turf was the landlord of the apartment complex he was lawfully allowed to be there I believe he even owned the apartment complex himself but since there was this you know public aspect to it there was public access and there was a common area he could not carry his firearm in this specific scenario because it actually wasn't private property anymore and it wasn't just as property because he allowed access to be public in the other renters into this common area and therefore he could did not take his firearm his loaded firearm or his concealed firearm yeah I think in this situation it was even you know he had it open into this common area and to throw it even further wrench into this there is some other case law in the state of California and the case that I'm gonna cite to is People v Strider which kind of hits on other boundaries of your private property or other boundaries of your residence so in this specific case the state of California or actually the appellate court in the state of California found that the front rear yard that was surrounded by a fence in a gate was not actually a public place and therefore this individual could not be held criminally liable under Penal Code one two zero three one which is having a loaded firearm in public and so in this specific situation this fenced in gated area was still considered a part of his private property part of his residence and therefore he was allowed to have the firearm in these areas and so the court kind of summed this up said that the reasonableness of detention turns on whether the people established at the suppression hearing that the fenced front yard was a public place within the meaning of the statute we can conclude it was not so here they said that this fenced-in area of his property was not public it was so part of his residence it was still private property and therefore he fell into the prior penal code language that we were discussing prior but the general rule in the state of California is if it is your residence if it is your own private property then yes you can carry a firearm loaded concealed or open within those areas you do not need a CCW you don't have to meet the CCW requirement and you should be insulated from the Penal Code because there's this other car vet in the Penal Code language that allows you to take these sort of actions practically should you be walking around in your front yard waving a gun brandishing a gun flaunting your gun stuff like that when there's public people around stuff like that my general recommendation is no do that don't defeat that you still won't have the police call on you and even though you're allowed to carry a firearm in your residence or in the surrounding areas maybe it's offense an area like we talked before this still doesn't mean that you won't be arrested you will still have to go through probably the legal process and prove that you were in the right carrying your firearm you know in your private on your private property in your residence but you're still gonna be arrested the police are still probably gonna be called and you're still gonna be arrested now you're all adults you can make that decision for yourself but I would recommend you don't do that just be smart about what you're doing so that's just some quick information on a question that I guess asked all the time if you have any questions go ahead and write in the comment section below and I'll try to answer the best of my ability if you found this video helpful and you like to support the channel the best way to do that is to join the patreon and I'll put a link to the patreon down the details another way to support the channel is using the various affiliate code also found in the details so as always thank you guys for watching don't forget to Like and subscribe and never forget a nation the draws a great distinction between scholars and lawyers of its laws or my cowards and tours filled by fools you

Channel: Armed Scholar

Views: 53,254

Keywords: gun laws, california gun laws, can you concealed carry in your home, ccw laws in your home, ccw california, residence, private property, ccw private property, ccw in your room, ccw at your house, carry a firearm on private property, california concealed carry laws, california gun laws concealed carry, self defense, california self defense laws, stand your, stand your ground, stand your ground law, concealed carry, concealed carry permit, california ccw, castle doctrine

Id: kc1ZL1mijoA

Length: 7min 49sec (469 seconds)

Published: Mon May 25 2020