Re: Carrying a Concealed Weapon While Living in a Storage Unit
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cdwjava
HERE is what the state has to prove......
1. .....
2. .....
3. ....
Let's see ... defenses:
1. Belief she was in grave danger (PC 25600) ... nope
2. ....
3. ....
This response of yours is really helpful, It helps me understand. I especially like how you quoted sections of the law. This is so helpful to me because I can read it, and understand it*.
I'm not saying I agree with all of it, But I really wanted to express my gratitude for you giving your explanation. (:
Re: Carrying a Concealed Weapon While Living in a Storage Unit
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Quoting
toad
This response of yours is really helpful, It helps me understand. I especially like how you quoted sections of the law. This is so helpful to me because I can read it, and understand it*.
I'm not saying I agree with all of it, But I really wanted to express my gratitude for you giving your explanation. (:
Well, it's not amater of agreeing with me or not, that is what the law says. That comes from Calcrim which outlines the jury instructions for the offense. Those are the elements of the offense and the defenses that are available for that section. You can see that they do not apply to her situation.
As I mentioned, this is (surprisingly) a low grade misdemeanor and she is likely to face probation and fines and maybe a short jail stint - maybe. In all, it is rather minor.
Re: Carrying a Concealed Weapon While Living in a Storage Unit
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cdwjava
Well, it's not a mater of agreeing with me or not,
Perhaps I am confused about the law, Lets forget about her for a moment and help me understand the law:
Is it legal for a business/property owner to conceal a handgun while on there property? Including outside areas?
Re: Carrying a Concealed Weapon While Living in a Storage Unit
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Quoting
toad
Perhaps I am confused about the law, Lets forget about her for a moment and help me understand the law:
Is it legal for a business/property owner to conceal a handgun while on there property? Including outside areas?
On their own property? Generally, yes. Provided they can otherwise legally own and/or possess a firearm.
Re: Carrying a Concealed Weapon While Living in a Storage Unit
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Quoting
toad
Perhaps I am confused about the law, Lets forget about her for a moment and help me understand the law:
Is it legal for a business/property owner to conceal a handgun while on there property? Including outside areas?
Define "outside property".
Garage, backyard, ally way, front sidewalk ect ect...
Re: Carrying a Concealed Weapon While Living in a Storage Unit
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Quoting
toad
Perhaps I am confused about the law, Lets forget about her for a moment and help me understand the law:
Is it legal for a business/property owner to conceal a handgun while on there property? Including outside areas?
You also should realize that there are many types of corporate structure and in many what is known to be the owner may be the owner of a company but that does not necessarily make them the owner of any given asset of the company. In other words; we may be dealing with company owned assets. That would mean even if a single person owns the entire company, the property involved may not be considered to be owned by the person such that the law would allow them to carry a weapon on that property.
Re: Carrying a Concealed Weapon While Living in a Storage Unit
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jk
You also should realize that there are many types of corporate structure ....
Ok.
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Who'sThatGuy
Define "outside property".
Garage, backyard, ally way, front sidewalk ect ect...
For my question, I am referring to fenced arias behind 8 foot fences with locked gates.
Re: Carrying a Concealed Weapon While Living in a Storage Unit
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Quoting
toad
Ok.
For my question, I am referring to fenced arias behind 8 foot fences with locked gates.
If that fenced in area was off limits to customers and the public, and was owned by the person that was armed, I see no problem.
Re: Carrying a Concealed Weapon While Living in a Storage Unit
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cdwjava
Carry on their own property? Generally, yes. .....
Ok, So owners can have handguns on there own private property sometimes. "Great".
How about an owners adult son who regularly assists the owner? Lets say an owner has an adult child who comes to be with him and to help with the business. The Son is not hired to work there and is a full time student. He helps out on weekends whenever the father needs help with anything but He is not on payroll. The father pays for the school he attends. The father intends for the son to take over the business in the future and has told him so. The father encourages the son to carry a hand gun with him while he is on site helping. The son says "I would feel better if you gave me permission in writing"
The father wrights a letter, It says: "I give you permission to carry a hand gun while on my property, I authorize you to be here as my agent and assist me in any way you see fit. I will not pay you for this, however you may receive some benefits while you are here. Also I will be going on vacation from Dec 3 to Dec 14 and I specifically authorize you to look after my my property in my absence". Also as long as you keep getting good grades and continue helping me out, I will continue paying for your school and one day I will let you take over the business.
The son continues helping and always brings his gun to stay in his fathers good favor and show his dad he is a benefit to the business. The son thinks its a good way to keep dad paying the school bills.
PS. I'm not referring to her case. Furthermore, I understand that none of this would apply to her case in any way for several reasons. I am asking to help me understand the law.
My question is: Are there are any circumstances similar to this in which it is conceivably legal for the Son to carry a hand gun?(:
Re: Carrying a Concealed Weapon While Living in a Storage Unit
https://oag.ca.gov/sites/all/files/agweb/pdfs/firearms/pdf/cfl2013.pdf
Unless otherwise unlawful, any person over the age of 18 who is not prohibitedfrom possessing firearms may have a loaded or unloaded firearm at his or herplace of residence, temporary residence, campsite or on private property ownedor lawfully possessed by the person Any person engaged in lawful business(including nonprofit organizations) or any officer, employee or agent authorizedfor lawful purposes connected with the business may have a loaded firearmwithin the place of business if that person is over 18 years of age and not otherwiseprohibited from possessing firearms (Pen Code, §§ 25605, 26035 )