Warning

 

Close

Confirm Action

Are you sure you wish to do this?

Confirm Cancel
Member Login
Posted: 5/30/2003 3:53:07 PM EDT
Couple questions for you CCW legal wizzes. Without a CCW permit, can you carry concealed on your own property? I don't mean around the yard, but if you have a significant anount of property and want to stuff a gun in your pocket just for safety's sake if you are venturing deep into your own woods. Also, (though I'm sure laws vary from state to state) if you don't need a pistol permit in another state that you own property, can you carry concealed on your own out of state property? Though no one should be coming on your property, wildlife management officers are the one sticky point. Though my own property, fish and game guys frequently swing through to check for licenses, and I don't carry concealed on my own property as I'm not sure where the laws are when on your own property.
Link Posted: 5/30/2003 4:00:36 PM EDT
I believe that I have the correct answer, but I'm no legal whiz. You can carry on your property concealed or un-concealed. Period. The local enforcement officials cannot even venture on to your property with out your permission. So don't let them. If they make a habit of trapseing onto your property, you need to make an official complaint, not to them, but with the Director or supervisor of the district that you live in. Be nice, and tell tham that if they would like to cut through a corner of you property, to please ask permission in advance for each and every time they want to "trespass"
Link Posted: 5/30/2003 4:07:40 PM EDT
Link Posted: 5/30/2003 4:17:42 PM EDT
Yes.
Link Posted: 5/30/2003 4:25:32 PM EDT
[Last Edit: 5/30/2003 4:29:50 PM EDT by neilfj]
Not in Massachusetts, unless you have a LTC-A. (In fact, you can't even open carry in Mass, even with a license). After 1998 you can't even own a gun without a license, and a handgun requires a LTC (similar to a CCW in other, free States).
Link Posted: 5/30/2003 4:45:22 PM EDT
Here in Florida, you can carry open on/in your own property.
Link Posted: 5/30/2003 4:47:21 PM EDT
[Last Edit: 5/30/2003 4:47:56 PM EDT by Aimless]
Link Posted: 5/30/2003 5:03:39 PM EDT
I am no legal expert but I find it hard to believe (as a matter of fact I dont believe it) that you cannot carry on your own property, open or not.
Link Posted: 5/30/2003 5:05:31 PM EDT
Link Posted: 5/30/2003 5:08:41 PM EDT
[Last Edit: 5/30/2003 6:01:12 PM EDT by KY-Bob]
In KY you need a CCDW license to carry concealed anywhere including your own property. That is the only fly in the ointment of KY gun laws. Open carry is legal everywhere except bars & schools and such places, blah blah blah... Bob
Link Posted: 5/30/2003 5:13:17 PM EDT
[Last Edit: 5/30/2003 5:14:50 PM EDT by Robertesq1]
The local enforcement officials cannot even venture on to your property with out your permission. So don't let them.
View Quote
That is not my understanding, leos, particularly wildlife agents can pretty much go where they please, any open field. They are restricted from entering private residential zones called cutalage. Sorry but no trespassing laws don't apply to cops.
Link Posted: 5/30/2003 5:20:37 PM EDT
[Last Edit: 5/30/2003 5:21:27 PM EDT by jrzy]
Believe it or not I can carry on my own property here in new jersey ,which would suprise most people around here, [url]http://www.nraila.org/GunLaws.asp?FormMode=Detail&R=NJ[/url]
[size=4] POSSESSION It is unlawful to knowingly possess any handgun, including any antique handgun, without first having obtained a Permit to Carry. It is unlawful to knowingly possess any rifle or shotgun without having first obtained a Firearms Purchaser Identification Card (FID).[/size=4]
View Quote
[size=5][red][b]Exceptions.[/b] No Permit to Carry or FID is required: To keep or carry any firearm about a person's place of business, residence, premises, or other land owned or possessed by him; a place of business shall be deemed a fixed location.[/red][/size=5]
View Quote
State laws click here ------->[url]http://www.nraila.org/GunLaws.asp?FormMode=state[/url]
Link Posted: 5/30/2003 5:30:18 PM EDT
Move to Oklahoma[:D]
Link Posted: 5/30/2003 5:43:54 PM EDT
In NC, residency is not an issue. You cannot carry a concealed weapon, specifically including handguns, concealed "on or about [his] person....except when the person is on the person's own premises." The person's own premises includes property owned, or presumably leased/rented by the person, businesses operated by the person, or any land owned/leased/rented by the person. It specifically does not allow concealed carry in a vehicle on a public highway or public vehicular area. To carry concealed while off your own premises, you must have a concealed handgun permit, or qualify under one of the exceptions for military or law enforcement personnel. Open carry is not prohibited by law, except for locations where possession of a firearm is prohibited completely, such as schools, courthouses, jails, etc. However, there is still a common-law crime recognized in NC called "going armed to the terror of the people" which allows the arrest of anyone going armed (with any dangerous weapon) in a manner likely to cause the public to be put in fear. So, open carry is not prohibited, and the "going armed" charge is usually only employed when the person is drunk, drugged, mentally disturbed, or in some other way not acting responsibly. BTW, at this time NC does not recognize ANY out of state carry permits. There is a bill pending in the NC legislature to require reciprocity with any state which recognizes NC permits, but it has not passed yet.
Link Posted: 5/30/2003 6:44:15 PM EDT
[Last Edit: 5/30/2003 6:45:11 PM EDT by TapperMan]
Not in Wisconsin. You can't even carry concealed inside your own home or business. A pending WI Supreme Court decision may change this, hopefully. You can open carry, though.
Link Posted: 5/30/2003 7:42:25 PM EDT
The question is moot. There is no private property. There is only the People's property. cynic
Link Posted: 5/30/2003 8:02:50 PM EDT
Link Posted: 5/30/2003 8:03:47 PM EDT
Link Posted: 5/30/2003 8:10:30 PM EDT
Originally Posted By Robertesq1: That is not my understanding, leos, particularly wildlife agents can pretty much go where they please, any open field. They are restricted from entering private residential zones called cutalage. Sorry but no trespassing laws don't apply to cops.
View Quote
I believe you are correct, but that is SO F'ed up! What's to stop them from coming on your property and having a party? A complaint? How about peeping on your wife? A complaint? Too much power, IMHO.
Link Posted: 5/30/2003 8:12:03 PM EDT
I believe that Louisiana is another state where you technically cannot carry a concealed gun on even your own property. I doubt that it is ever prosecuted, but there it is...
Link Posted: 5/30/2003 8:20:32 PM EDT
Varies by state... In WI, CCW is illegal everywhere, even on your own property (and it WAS prosecuted at least twice: Once to get the state supreme court decision that confirmed it was illegal, and the second time that I know about is back in the supreme court again, using a new ammendment to our state constitution to argue that CCW must become legal as per the 98 RKBA ammendment)... Open carry is legal everywhere but bars, schools, airports, vehicles, and any federally restricted area...
Link Posted: 5/30/2003 8:23:49 PM EDT
I pack most days all day long & keep a 12ga on the tractor or atv...mainly trying to keep varmints down & the pheasant and quail population growing. Idaho Fish & Game knocks on the door if I'm not outside; if nobody's home they let a neighbor know that they're going onto the property. They leave a note letting me know they've been here & they have a key to the gate. Absolutely no hassles. -hanko
Link Posted: 5/30/2003 8:33:31 PM EDT
Actually I believe you are incorrect abou law enforcements ability to "trespass". They can be there for a reason butthey cant just come hang out on your property without a reason. THey cant park their car in your driveway to try and catch speeders. Normal leos really don't have the jurisdiction to come trapsing back into your woods or fields. A Game Warden is really only supposed to enter private property to investigate crimes or the possibility of a commision of a crime. He see's someone with a rifle ina field he can question that person. Again he can't just go anywhere, anytime. Property is not your castle, and they know that. Never feel bad about telling any LEO to get the hell of your property. If they don't have a legal reason to be there they will usually leave. BTW some states realy suck if you can't carry on your own property.
Link Posted: 5/31/2003 4:54:29 AM EDT
Originally Posted By Guncrazy223: Actually I believe you are incorrect abou law enforcements ability to "trespass". They can be there for a reason butthey cant just come hang out on your property without a reason. THey cant park their car in your driveway to try and catch speeders. Normal leos really don't have the jurisdiction to come trapsing back into your woods or fields. A Game Warden is really only supposed to enter private property to investigate crimes or the possibility of a commision of a crime. He see's someone with a rifle ina field he can question that person. Again he can't just go anywhere, anytime. Property is not your castle, and they know that. Never feel bad about telling any LEO to get the hell of your property. If they don't have a legal reason to be there they will usually leave. BTW some states realy suck if you can't carry on your own property.
View Quote
This is my understanding. LEOs are allowed to go essentially anywhere they want. One has no expectation of privacy in an "open field" hence any evidence obtained is admissable. However ones right to privacy protects one's dwellings and personal areas of one's property (its called curtalage). An leo can walk up the pathway to your house and all outdoor locations (posted or not), can climb fences pretty much at will, but once he enters personal areas he requires consent or a warrant. An leo cannot use your property for any reason (that would constitute a taking w/o due process) but can enter at will. The right to enforce law superceded trrespass laws. Kind of like a cop can speed to enforce law. An leo most certainly cannot window peep, that would violate right/expecttation of privacy and cannot roam your property for unofficial purposes "hang out on your property." These principles exempting leos from prosecution for criminal conduct is well established by both legislative and court precident. Such laws allow say an undercover to possess illicit drugs for investigative purposes or engage in minor criminal activity etc with imunity from prosecution and oftern civil suit as well. Again this only related to open fields and may have different jurisdictional interpretations.
Link Posted: 5/31/2003 5:13:31 AM EDT
Vermont. nuff said. now if I can only get rid of the liberals...
Link Posted: 5/31/2003 6:41:42 PM EDT
[Last Edit: 5/31/2003 6:43:36 PM EDT by warlord]
Originally Posted By Paul: Even California allows for CCW on your property, in your business, or at a camp site. And IIRC open carry is allowed in most places - save post offices, schools and the like ... though really frowned upon! Never felt the need to wear a pistol at Home Depot or Pizza Hut. I did wear a pistol into a Seven-Eleven once here in California - the guy didn't even blink. Try doing that in New York or Chicago.
View Quote
I don't think you need a CCW for something that is on private property. The clerks at my now-closed local shooting range and at B&B Guns(since gone out of business, this gun store contributed the shotguns and ARs to the LAPD during the No. Hollywood Shootout)used to carry loaded guns. During the '92 L.A. Riots, the LAPD came by and confiscated any guns visible even though it was on private property, and drive off leaving the property owners defenseless, and of course some of them were later looted. So the moral is, if during a riot do not show your hardware openly on private property even though it is legal to do so, unless you want it to be confiscated.
Top Top