On Your Own Property. - Page 4

TerriLi · October 29th, 2009, 04:54 PM

Open carry all the time in my yard and around the house. Heck talked to my neighbors across the fence.

DaveH · October 29th, 2009, 05:52 PM

Quote:

Originally Posted by BkCo1

Depends on where you live. Be more specific.

Semper Fi

Quote:

Originally Posted by tiwee

Each state has this covered in law or regulation.

If you include unwritten "Common Law", I suspect you are right. However, here in VA ownership and open carry is not addressed in written law or regulation. It is a right of anyone who has not had that right abridged by adjudication or by location (e.g., by the owner of the property or a limited number of "yes, but locations:

Quote:

Federal Property (concealed carry with CHP and hunting exempted in National Forests) (18USC § 930)

General Assembly Building & property (open or concealed carry OK for CHP holders only) (JRC Rule)

State Parks (concealed carry w/CHP legal but open carry prohibited)

Virginia Commonwealth University (8VAC90-10-50)

Courthouses (§18.2-283.1)

Detention Facilities (§15.2-915)

K-12 school property (unless unloaded in a closed container). CHP holders may possess a loaded concealed handgun while in a vehicle. (§18.2-308.1)

K-12 school buses. (§18.2-308.1)

Property used exclusively for K-12 school-sponsored functions (§18.2-308.1)

Air carrier airport terminal buildings (§18.2-287.01)

Places of worship while a meeting for religious purposes is being held "without good and sufficient reason" (§18.2-283)

Restaurants & clubs serving on-premises alcohol (concealed carry prohibited, open carry NOT prohibited; owners & employees exempted) (§18.2-308.J3)

Private property when prohibited by owner (§18.2-308.O)

Quote:

Originally Posted by cz2075bd

Not to nitpick but your mailbox is probably in a department of transportation easement which extends a bit beyond the curb. Despite the fact that you mow the grass around your mailbox, it may not be on your property.

In some States easement does not trump ownership except in those element enumerated in the easement. In Va this would be academic, unless the easement was for one of the restrictions listed above.

PM · October 29th, 2009, 06:11 PM

Quote:

Originally Posted by kspilot536

Here in Wichita they have an ordinance that there will be NO open carry,the state though allows OC.
But what im getting at is the ordinance I think says that there shall be no OC in public ..my land is NOT public..is it?

My guess is if you scare someone and the call WPD you will 1) see the business end of one or more .40's 2) lose the gun on your hip 3) have some nice time in retrictive jewelery 4) need a good lawyer. This is based on what I have heard about Wichita's mind set toward guns. Remember they were part of the group that spearheaded the posting of city parks before the state shut them down.

kspilot536 · October 29th, 2009, 06:46 PM

Let me clarify this,I live OUTSIDE of Wichita in a community called Park City.
So,I guess it's relaxed here as far as "OC".

Stevew · October 29th, 2009, 07:55 PM

State Law.

Eagleks · October 29th, 2009, 08:04 PM

Quote:

Originally Posted by kspilot536

Let me clarify this,I live OUTSIDE of Wichita in a community called Park City.
So,I guess it's relaxed here as far as "OC".

You still need to read the 'laws'. OC on your property is a Kansas Law... which pre-empts the City Laws. OC off your property is left to the laws of the cities.

TedBeau · October 29th, 2009, 09:51 PM

Quote:

Originally Posted by kspilot536

Does OC pertain to carrying on you're own property,like going to the mailbox..playing with the dog in the backyard,mowing the grass?
In other words is it legal to carry on you're own property outside NO matter what.
Im refering to OC carry on the hip.

I seem to recall that there was discussion in my CPL class about the fact that while it is perfectly legal to open carry on your own property, be aware that in most cities the city "Owns" the sidewalk in front of houses. I believe my instructor said that therefore, you cannot step onto the sidewalk if you are not in an open carry state.
There was some discussion about the fact that the little strip of land between the sidwalk and the road is once again "Your" property so it's ok to jump over the sidwalk and land on the grass near the road.
The fact that the city owns the sidewalk is one reason I refuse to live in the city. They require you to shovel snow off their sidewalk, and maintain it , keep it clear, but they own it and any derelict can walk down it, and take a leak.

TedBeau · October 29th, 2009, 09:59 PM

Quote:

Originally Posted by Rob P.

Each state is different. However, there was a recent decision here in California that says that private property which is not fenced/gated is not "private" for the purposes of carrying a loaded handgun because the public can still access the yard.

This decision is about as ridiculous as you can get and still define private property as "private." In the end the ONLY rationale you should follow is to not get arrested/charged for a handgun offense. Even if it is plainly legal you will STILL go to jail because our legal system is corrupt.

I say this as an attorney who practices civil and criminal law. I deal with this every day - judges & juries do not care what the law is. What they care about is that the prosecutor is bringing charges against you involving a gun and you are "scarey." You WILL BE convicted and you WILL go to jail and the appellate system will NOT reverse the decision in your favor.

My 2 cents. Take it or leave it but I can back up what I am saying here.

This is just plain stupid!!! Come on Arnold, get your head out of your,,, errr the sand! You mean that unless the property is fenced you are not allowed to keep the masses off your property? Next question how high a fence is required, does it have to be topped with razor wire to keep some poor disadvantaged "'youth" with a "disease" like crack dependency from climbing over it. What if it's electirfied, would that quailify the home owner as taken sufficient steps to protect poor the underprivilaged youth.

October 29th, 2009, 04:54 PM	#31
TerriLi Senior Member Join Date: Mar 2009 Location: Florida Posts: 836	Open carry all the time in my yard and around the house. Heck talked to my neighbors across the fence. __________________ I know not what this "overkill" means.

October 29th, 2009, 07:55 PM	#35
Stevew Member Join Date: Oct 2009 Location: Mississippi Posts: 343	State Law. __________________ Glock 22, GP100, S&W mod 60, Colt Delta Elite, Colt Govt 380, Ruger Single Six, Ruger Bearcat, Colt New Police

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October 29th, 2009, 06:46 PM	#34
kspilot536 Member Join Date: Aug 2009 Location: Wichita,Kansas Posts: 71	Let me clarify this,I live OUTSIDE of Wichita in a community called Park City. So,I guess it's relaxed here as far as "OC".