Fenced front yard is not Public area

[tango-52]

Interesting decision from the courts. Too bad it got a felon carrying a gun and crack out of jail.

http://www.courtinfo.ca.gov/opinions...ts/B204571.PDF

[EM2]

Originally Posted by tango-52

Interesting decision from the courts. Too bad it got a felon carrying a gun and crack out of jail.

http://www.courtinfo.ca.gov/opinions...ts/B204571.PDF

I see this as a win for all of us in our efforts to protect & secure ALL of our rights, no matter how distastefull the defendant.
I did not know that the law recognized an un-fenced yard as a 'public' place.
Time for everyone to fence their yards.

[paul0660]

And I got a new Scrabble word........"curtilage"

[1923mack]

This opinion give us lots of previous cases to review. I had heard of one or two presedences, now have a whole lot more. One even mentioned storage area in back of unfenced yard as not being public area. Thanks for posting!

[Truckoholic]

To me...............the fact that my UNFENCED front yard is considered public property, is absolutely ridiculous! I should be able to walk around all I want to with a gun on my side with no permit to carry, as long as I remain within my property boundaries regardless of the presence of a fence!

[Keith92555]

Originally Posted by Truckoholic

To me...............the fact that my UNFENCED front yard is considered public property, is absolutely ridiculous! I should be able to walk around all I want to with a gun on my side with no permit to carry, as long as I remain within my property boundaries regardless of the presence of a fence!

+1

[THE Gimper]

Originally Posted by Truckoholic

To me...............the fact that my UNFENCED front yard is considered public property, is absolutely ridiculous! I should be able to walk around all I want to with a gun on my side with no permit to carry, as long as I remain within my property boundaries regardless of the presence of a fence!

The lack of a fence makes it readily accessible to the public. If mailmen, UPS drivers, traveling encyclopedia salesmen, Jehovah's Witnesses, the newspaper delivery boy, etc. can walk right up to your door, it accessible to the public. The fence indicates your intention to bar the public from having access to your property without your express permission.

[Keith92555]

Originally Posted by THE Gimper

The lack of a fence makes it readily accessible to the public. If mailmen, UPS drivers, traveling encyclopedia salesmen, Jehovah's Witnesses, the newspaper delivery boy, etc. can walk right up to your door, it accessible to the public. The fence indicates your intention to bar the public from having access to your property without your express permission.

I'm predicting a run on fencing at Home Depot this weekend.

[EM2]

Originally Posted by Truckoholic

To me...............the fact that my UNFENCED front yard is considered public property, is absolutely ridiculous! I should be able to walk around all I want to with a gun on my side with no permit to carry, as long as I remain within my property boundaries regardless of the presence of a fence!

Exactly how I see it.

Originally Posted by THE Gimper

The lack of a fence makes it readily accessible to the public. If mailmen, UPS drivers, traveling encyclopedia salesmen, Jehovah's Witnesses, the newspaper delivery boy, etc. can walk right up to your door, it accessible to the public. The fence indicates your intention to bar the public from having access to your property without your express permission.

And...., so what if it is accessible to the public private property accessible or not is still private. I understand the law may see it differently but that is what juries are for, to judge the merits of the law as well as the defendant. Common sense tells us that simply not having a fence should not make a criminal out of a homeowner who is exercising their rights.

[CCWInstructor]

This ruling as stated several times only applies to P.C. 12031. Not every situation. This discussion has exceeded 12031 by a long shot.

[1923mack]

While I agree with the thought that your yard is private property, laywers love previous case law. The case law on many occasions has considered our front yards public property. One can surely argue the issue. As stated every case is different. Are you willing to spend many thousand dollars arguing the issue? The fenced yard is supported by case law, not fenced you can roll the dice.

[Truckoholic]

It's not an issue for me in my current situation anyway since no one could really determine what my front yard is. I live on 16 acres out in the country with pro gun neighbors, and I could walk right along the entire perimeter of my property with 50 guns hanging all over me and no one would ever raise a fuss.

However, EVEN if I lived right smack in the middle of town, where my front yard met up with the public street or sidewalk, and I had neighbors on either side of me, there is absolutely no reason whatsoever, that I should not be able to carry a gun on my person right up to the edge of my property all the way around, whether there is a fence or not. My property, legal to have guns on MY property, therefore as long as I remain on MY property, legal to have guns on my person. What the hell has this country come to? They control everywhere else we have guns, and now we are letting them control where on our own property we can carry guns too? Are we looking to have it defined that within your home, and within your fenced back yard it is okay, but NOT in your front yard because even though that is private property, it is accessible to the public, therefore it is also public property. We can not allow this crap to happen! That is exactly how we lose every one of our rights over time. By being tolerant of BS like that.

It is perfectly legal for me to carry a gun in my temporary residence or campsite even. A campsite is just about as accessible to the public as anything. How many times have you been camping, and someone just walks right through your campsite? It happens all the time! But because of that, are you going to allow case law to tell you that you can no longer carry in your campsite because it has now been determined to be public property? Ridiculous!

[RedMongoosE]

so would an apartment community that is 100% GATED with a special key code or opener needed to open the gate be private property?

interesting..

[EM2]

Originally Posted by Truckoholic

It's not an issue for me in my current situation anyway since no one could really determine what my front yard is. I live on 16 acres out in the country with pro gun neighbors, and I could walk right along the entire perimeter of my property with 50 guns hanging all over me and no one would ever raise a fuss.

However, EVEN if I lived right smack in the middle of town, where my front yard met up with the public street or sidewalk, and I had neighbors on either side of me, there is absolutely no reason whatsoever, that I should not be able to carry a gun on my person right up to the edge of my property all the way around, whether there is a fence or not. My property, legal to have guns on MY property, therefore as long as I remain on MY property, legal to have guns on my person. What the hell has this country come to? They control everywhere else we have guns, and now we are letting them control where on our own property we can carry guns too? Are we looking to have it defined that within your home, and within your fenced back yard it is okay, but NOT in your front yard because even though that is private property, it is accessible to the public, therefore it is also public property. We can not allow this crap to happen! That is exactly how we lose every one of our rights over time. By being tolerant of BS like that.

It is perfectly legal for me to carry a gun in my temporary residence or campsite even. A campsite is just about as accessible to the public as anything. How many times have you been camping, and someone just walks right through your campsite? It happens all the time! But because of that, are you going to allow case law to tell you that you can no longer carry in your campsite because it has now been determined to be public property? Ridiculous!

I couldn't agree more, simply because there is a law and with precedent does not make it right. Education is the key here, the public has to wake up.

[nosmatt]

But, cant you shoot Jehovas Witness for trespassing?


just kidding!

Luckily, I live in the country too, and walking my property locked and loaded is no big deal. I feel sorry for the city slickers among us who have lost yet another right.