Carrying a Concealed Weapon While Living in a Storage Unit

California

A Friend of mine lives in a storage unit!

It is not a normal home, but it has been her home for over 20 years, She initially moved in without permission, But over time, She and the management made arrangements for her to stay and serve as onsite armed security in exchange for free rent. One night some dark dressed men came into the outdoor facility after hours by getting through the locked gate or by climbing over the fence, She saw them on security cameras and steeped out of her unit to get a better view. As soon as she opened her door and walked outside she could see that they were police. They immediately detained and searched her for weapons, They discovered a concealed weapon and arrested her. She has since been charged.

I feel this charge is inappropriate because the facility was locked and she beveled it to be private at the time of the encounter.

Are there any grounds for fighting this?

even using your argument she was outside of her "home". That removed any argument of some claim of right while a person is within their own home.

to explain a bit:

Consider each individual unit an apartment. The area outside of an apartment is not part of an apartment. Any rights a home owner may have while on their curtilage do not apply to the common areas of an apartment grouping. Their rights start and end at their door.

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Quoting toad

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Are there any grounds for fighting this?

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Possibly.

CA Penal Code Section 25605 allows a person to carry "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 handgun."

No guarantees, but there might be a technicality in there that might help her, but she is going to need an attorney who specializes in firearms law to defend her and it's going to take a lot of money to accomplish it.

While I tend to agree with JK that she was outside her residence, she may well have been within her place of business providing security for the property.

I see the point but boy does that open a lot of cans of worms. No employment records? Nobody paid taxes on anything here? Is there any special permits or licensing required for an employer to engage an armed guard?

while it might be the lesser of two evils I would expect such a defense to be fraught with many hurdles and people with their hands out expecting money.

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Quoting toad

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California

A Friend of mine lives in a storage unit!

It is not a normal home, but it has been her home for over 20 years, She initially moved in without permission, But over time, She and the management made arrangements for her to stay and serve as onsite armed security in exchange for free rent.

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If she is living in a storage unit, then it is an illegal arrangement all around.

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One night some dark dressed men came into the outdoor facility after hours by getting through the locked gate or by climbing over the fence, She saw them on security cameras and steeped out of her unit to get a better view. As soon as she opened her door and walked outside she could see that they were police. They immediately detained and searched her for weapons, They discovered a concealed weapon and arrested her. She has since been charged.

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What was she charged for?

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I feel this charge is inappropriate because the facility was locked and she beveled it to be private at the time of the encounter.

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How can we know whether the charges are appropriate without knowing what the charges are? The code sections she has been arrested for will be a big help.

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Are there any grounds for fighting this?

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Your friend needs an attorney.

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Quoting jk

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The area outside of an apartment is not part of an apartment.

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Agreed, However;
I think there are important differences to consider. Her dwelling is more comparable to a timeshare, in that after 5:30 pm she has exclusive use of the outdoor space behind a locked gate. And she is the only onsite occupant.

that doesn't make it better. In fact it removes the employment argument and the fact is; it is not legally her curtilage even in the conditions suggested.

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Quoting toad

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Agreed, However;
I think there are important differences to consider. Her dwelling is more comparable to a timeshare, in that after 5:30 pm she has exclusive use of the outdoor space behind a locked gate. And she is the only onsite occupant.

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Once again, WHAT HAS SHE BEEN CHARGED WITH?

There are a number of potential offenses here ... not to mention that the police may very well go after the property owner as well.

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Quoting cdwjava

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What was she charged for?

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Possession of a concealed and loaded weapon,,,,Legally owned

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The code sections she has been arrested for will be a big help.

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Ok, I will get it.

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Quoting cdwjava

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Your friend needs an attorney.

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She has been assigned to a public defender.

There are a number of possible permutations for carrying a concealed weapon - that's why it's important to know which section.

As has been mentioned, once she left the storage unit she called "home" (arguably, it was not a home), she could be in violation of PC 26505 as she was not in her residence and likely cannot have be considered an employee. It's only a misdemeanor, so it's not likely to result in much of anything, unless she has some additional offenses, is on probation or parole, or has prior convictions for violence or felonies.

She will almost certainly NOT be permitted to return to the storage unit so you might consider helping her by arranging for housing for her.