View Single Post
Old 01-09-2017, 11:29 AM
mej16489 mej16489 is offline
Senior Member
Join Date: Aug 2008
Location: SoCal
Posts: 2,324
iTrader: 3 / 100%

Originally Posted by Dvrjon View Post
Can you please clarify your comment?

People v. Overturf is about carrying in "public places" as opposed to private property. The parking lot of a business into which the public may enter unopposed is a public place (so's your front lawn.)

People v. Clark focuses on "loaded", and the specific conditions required to make the gun loaded.

Incorporated/Unincorporated areas appear to have no bearing on either case.
Overturf was convicted for having a loaded gun in a public place within an incorporated city. In other words, it tells us nothing about concealed carry (in public) but yet on private property.

Ultimately, when some asks a 'may I carry' topic, all of the bases need to cover both mode of carry (concealed/open) and the loaded state (loaded/unloaded) of the firearm.

Open Carry (both loaded and unloaded) are concerned about 'public places within incorporated cities' OR 'public places in unincorporated areas where discharge is prohibited' ergo Incorporated/Unincorporated (but prohibited discharge) are relevant to answer the question thoroughly.

Concealed carry (regardless of 'loaded-ness') has exemptions for property which one lawfully owns/possesses. Which could apply if one actually owned the parking lot. Similarly one's unfenced front yard.

Ultimately, there are indeed avenues in the statutes which would allow one to carry an unloaded handgun concealed (and even loaded concealed) in public.
Reply With Quote