Skip to comments.OCDO Press Release - Assemblywoman Saldana misleads public - AB 1934 tramples property rights
Posted on 05/27/2010 10:40:35 AM PDT by majstoll
But even more disturbing than Saldana's histrionic approach to marketing her 9,996 word bill creating or amending 8 sections of California's complicated gun laws is that fact that she has misled legislators, the media, and the public at large into believing that AB 1934 would not impact private property rights. For example, Ms. Saldana flatly warranted on San Diego 6 News that "The bill would ban open carry in public places - on private property, you're still allowed to carry a gun." See http://www.sandiego6.com/mediacenter/local.aspx?articleID=778999
But as Mr. Pierce explained in his recent Op-Ed, all private property in California is considered under the law to be a "public place" unless securely guarded or fenced - "remarkably, AB 1934 actually strips private property owners of their current right to allow open carry on their own land. Privately owned land is presumptively a public place under California law. As Justice Richard Aldrich of the California Appeals Court recently ruled in People v. Strider,
[p]laces of business and parking lots on private property, open to the general public, have consistently been held to be public places . . . [as is] the area outside a home in which a stranger is able to walk without challenge. . . . The term public place generally means a location readily accessible to all those who wish to go there . . . . The key consideration is whether a member of the public can access the place without challenge.
So anyone who owns a business, a home with a yard, or any other land, even a farm or ranch, should be concerned about AB 1934 because absent physical barriers or guards, the business or land is considered a public place under Saldanas bill."
(Excerpt) Read more at opencarry.mywowbb.com ...
Not a good sign...
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