Difference between revisions of "Unlicensed Concealed Carry"

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(Semi Public Places Restrictions)
(At Work)
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   a permit or license.
 
   a permit or license.
  
As such most employees and at most places of business can carry a concealed loaded firearm as long as they have the actual permission of someone entitled to grant that permission to exclude others and control activities. However, there are potential limitations as to where one can carry at a place of business as outlined below.
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As such most employees and at most places of business can carry a concealed loaded firearm as long as they have the actual permission of someone entitled to grant that permission to exclude others and control activities. However, there are potential limitations as to where one can carry at a place of business as outlined below. It is important to note that "place of business" does not include a taxi cab for a taxi driver; see ''People v. Marotta'' (1981) 128 Cal.App.3d Supp. 1.
  
 
== At Home ==
 
== At Home ==

Revision as of 03:45, 18 October 2009

At Work

Penal Code § 12025 makes it a crime to carry a concealed firearm without a permit. In 1988 the California Court of Appeals ruled in People v. Melton (1988) 206 Cal.App.3d 580 that a convenience store clerk could not take advantage of the general waiver in Penal Code § 12026 to carry a concealed and loaded firearm at a convenience store where he was employed. In 1989, the California Legislature amended PC § 12026 to read:

 (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 legislature also included a signing statement with the bill:

 The purpose of enacting this measure is to abrogate the holding in People v. Melton,
 206 Cal.App.3d 580, insofar as that decision purports to require the issuance of a
 concealed weapons permit in order to carry a pistol, revolver, or other firearm capable
 of being concealed upon the person, whether openly or concealed, within the places
 mentioned in Section 12026 of the Penal Code, by an individual who has a proprietary,
 possessory, or substantial ownership interest in the place.

California Appelate Courts returned to the question of whether one could carry concealed in a place of business in People v. Barela (1991) 234 Cal.App.3d Supp. 15. The facts in that case were unusual as an individual held himself out as a police officer and provided security in return for discounts on food. The person who supposedly granted him permission to carry concealed and loaded did not have the authority to grant him that. Further the court ruled that since he could not exclude individuals he did not have a possessory interest in the location and therefor it wasn't his place of business. However, the court affirms the common understanding of the Legislature's overturning of People v. Melton.

 In People v. Melton (1988) 206 Cal.App.3d 580 [253 Cal.Rptr. 661], the Court of
 Appeal affirmed the conviction of a convenience store clerk under Penal Code section
 12025. The clerk was armed with a concealed weapon while working. He argued that Penal
 Code section 12026 provided an exception to section 12025 that allowed him to carry a
 concealed weapon at his workplace. (206 Cal.App.3d at p.586.) The court disagreed and
 drew a distinction between "... carrying a concealable weapon ... and carrying such a
 weapon concealed upon the person as prohibited in section 12025." (Id. at p.594.) The
 court found that section 12026 did not provide any exceptions to Penal Code section
 12025, but "... merely highlights certain circumstances where owning, possessing,
 keeping or carrying a concealable weapon is not prohibited under section 12025."
 (206 Cal.App.3d at pp.594-595, fn. 4.)
 
 The Legislature responded to the Melton decision (206 Cal.App.3d 580) by amending
 Penal Code section 12026 to provide that a person may carry a concealable weapon
 "either openly or concealed" in his or her place of business or residence.fn. 1
 The Legislature also enacted an accompanying statement of purpose: "The purpose
 of enacting this measure is to abrogate the holding in People v. Melton,
 206 Cal.App.3d 580, insofar as that decision [234 Cal.App.3d Supp. 20] purports
 to require the issuance of a concealed weapons permit in order to carry a pistol,
 revolver, or other firearm capable of being concealed upon the person, whether
 openly or concealed, within the places mentioned in Section 12026 of the Penal
 Code, by an individual who has a proprietary, possessory, or substantial ownership
 interest in the place." (Stats. 1989, ch. 958, § 2, No. 8 West's Cal. Legis.
 Service, pp.2988-2989 [No. 5 Deering's Adv. Legis. Service, p. 3340].)

Again quoting Barela:

 The legislative statement of purpose makes clear that an employee must have a
 possessory interest in his or her workplace in order for that workplace to be
 considered the employee's "place of business" under section 12026. Only those
 employees who have the right to exclude others from their workplace, and the
 right to control activities there, may carry concealed weapons at work without
 a permit or license.

As such most employees and at most places of business can carry a concealed loaded firearm as long as they have the actual permission of someone entitled to grant that permission to exclude others and control activities. However, there are potential limitations as to where one can carry at a place of business as outlined below. It is important to note that "place of business" does not include a taxi cab for a taxi driver; see People v. Marotta (1981) 128 Cal.App.3d Supp. 1.

At Home

PC § 12026 clearly exempts any homeowner or renter from the restrictions on carrying a loaded concealed weapon in their home or rental property. PC 12026 § (b) states in relavent part:

 No permit or license to ... 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 ... who carries, either openly
 or concealed, anywhere within the citizen's or legal resident's place of residence,
 ... 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.

People who are not otherwise prohibited from possessing firearms can carry loaded concealed firearms in homes the own or rent and on any other private property that they "lawfully possess." Lawful possession is generally regarded to include carrying on private property where you have the resident or owner's permission to so carry.

Semi Public Places Restrictions

An important restriction on the carrying of concealed loaded firearms both at home and at work is People v. Overturf (1976) 64 Cal.App.3d Supp. 1 and it's progeny.