carrying to assist a neighbor?

[DBA]

Very recently heard one of our neighbors was killed in her own home by a guest. The details are scrambled (coming from yet another neighbor not involved) and part of a current police investigation.

Hearing this story involved screaming cries for help and a neighbor's response forces me to reconsider how would I respond?

Obviously this must remain hypothetical as I do not know any factual details or even how much truth is in the story.

Can I carry a loaded firearm to another persons property? Neighbor or not I suppose the scenarios could even be extended to an active shooter at another public location.

I presume if I stuck a gun in my waste band and walked to neighbors house during a fracas or otherwise...that is concealing a weapon. I am a little unclear if carrying a loaded gun out front of my property is just as bad as crossing the street with it and possibly "brandishing". What about openly wearing a holstered firearm?

I realize this sounds mall ninja but I've been awake half the night as we were awoken by neighbors yelling to someone "stay out of my yard, Get the F#%* out of here!" The supposed murder and shouting from last night is all very close to my house and a little disconcerting.

[CSACANNONEER]

Since I don't know where you live, it's impossible to answer all your questions correctly. Are you in an incorporated city, a rural area? an apartment? a house? etc.

Under state law, of course it is legal to use lethal force to prevent a violent felony or in defense of self or another.

[DBA]

Sorry for leaving several presumptions. Yes we are within City limits in Santa Clara County CA. One should also presume we would dial 911 first or perhaps more accurately simultaneously to any hypothetical response.

[esy]

You can carry on your property. Calling LE when you hear a disturbance next door is what you should do, especially if all you’re hearing is “stay out of my yard” doesn’t elevate to a lethal force situation, IMO. Be a good witness until you hear someone screaming bloody murder and saying, “don’t shoot me or stop stabbing me.”

[CBR_rider]

This is one of those questions where what exactly happens in the situation you decide to carry a firearm in such a manner will dictate the outcome; along with your particular LE agency that responds and your DA's office. Then of course there are potential civil ramifications. Then there are also the potential ramifications of being spotted at an active shooter/violent scene while armed and being mistaken for the bad guy. I am not suggesting the best course of action is to simply hide behind one's curtains while on the phone with 911; but any course of action beyond that is fraught with legal and mortal perils that must be considered ahead of time (like you are doing) as well as at the particular moment in time based on what little you observe.

I know of several instances in my county where people have done such things and been golden; I also know of other instances where thing's didn't turn out so well civilly or criminally. Usually they didn't turn out as well because the situation was far short of something "life threatening."

[Garv]

Carry in your front yard? Pretty much no short of an immediate threat.

http://www.calguns.net/calgunforum/s...rry+front+yard

[CinnamonBear723]

Originally Posted by CBR_rider

This is one of those questions where what exactly happens in the situation you decide to carry a firearm in such a manner will dictate the outcome; along with your particular LE agency that responds and your DA's office. Then of course there are potential civil ramifications. Then there are also the potential ramifications of being spotted at an active shooter/violent scene while armed and being mistaken for the bad guy. I am not suggesting the best course of action is to simply hide behind one's curtains while on the phone with 911; but any course of action beyond that is fraught with legal and mortal perils that must be considered ahead of time (like you are doing) as well as at the particular moment in time based on what little you observe.

I know of several instances in my county where people have done such things and been golden; I also know of other instances where thing's didn't turn out so well civilly or criminally. Usually they didn't turn out as well because the situation was far short of something "life threatening."

This

[CSACANNONEER]

In the end, it's going to come down to what a jury thinks a reasonable person in the same or similar circumstances would have done. Here's a couple exception to PC 25850:

26045. (a) Nothing in Section 25850 is intended to preclude the carrying of any loaded firearm, under circumstances where it would otherwise be lawful, by a person who reasonably believes that any person or the property of any person is in immediate, grave danger and that the carrying of the weapon is necessary for the preservation of that person or property.
(b) A violation of Section 25850 is justifiable when a person who possesses a firearm reasonably believes that person is in grave danger because of circumstances forming the basis of a current restraining order issued by a court against another person who has been found to pose a threat to the life or safety of the person who possesses the firearm. This subdivision may not apply when the circumstances involve a mutual restraining order issued pursuant to Division 10 (commencing with Section 6200) of the Family Code absent a factual finding of a specific threat to the person’s life or safety. It is not the intent of the Legislature to limit, restrict, or narrow the application of current statutory or judicial authority to apply this or other justifications to a defendant charged with violating Section 25400 or committing another similar offense. Upon trial for violating Section 25850, the trier of fact shall determine whether the defendant was acting out of a reasonable belief that the defendant was in grave danger.
(c) As used in this section, “immediate” means the brief interval before and after the local law enforcement agency, when reasonably possible, has been notified of the danger and before the arrival of its assistance.
(Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)

26050. Nothing in Section 25850 is intended to preclude the carrying of a loaded firearm by any person while engaged in the act of making or attempting to make a lawful arrest.
(Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)

[DBA]

I am even more disconcerted after reading those related threads which I couldn't find during my search.

Basically carrying from my house to another may only go unpunished if I actually heard the screams "HELP! he's gonna kill me" which is what was heard by the closest neighbor. This closest neighbor came to render assistance and found the homeowner dead...and the suspected perpetrator in the house.
This is leaving me to wonder how many do hide behind curtains when they hear something. This state may and probably does have blood guilt for making good people too scared to help.