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The Range
Law & Order
Can I Or Can I Not Open Carry A Revolver Or Shotgun On My Rural Property?
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<blockquote data-quote="owassopilot" data-source="post: 1660523" data-attributes="member: 16273"><p>If you read the law, it says loaded, or "UNLOADED". Read it again. <img src="/images/smilies/image057.gif" class="smilie" loading="lazy" alt=":nolike:" title="Image057 :nolike:" data-shortname=":nolike:" /></p><p></p><p></p><p></p><p>This original case only discusses the requirements of notifying an officer who comes to your home that you have a concealed carry license, and have a concealed firearm anywhere in the home, which according to the court, is not required. And the end results in question were NOT criminal, but rather administrative by the OSBI. The court overturned the administrative fine, plus it referenced cases showing it is NOT illegal.</p><p></p><p>The court further finds in interpreting Pierce vs State (The very, very old case I referenced previously), a person has a right to keep a firearm, loaded, or unloaded within their home without any permit and move it at will. This is the same case that determined it was illegal to openly carry a firearm outside the home, even on your own property. I wish they had gone further and applied equal protection to carrying outside the home, but on your own property. However, as I mentioned, courts seem to have never been asked, that I can find, to reinterpret the laws in light of the SDA and "Make My Day" laws that did not exist when Pierce vs State was originally heard. </p><p></p><p>In this case, the court was NOT asked about carrying outside a person's home, but only whether a person had to notify a police officer of a concealed weapon within their home. Since that was the limit of the case, the court couldn't, or chose not to, apply equal protection.</p><p></p><p>I knew you would come along at some point and straighten us all out. <img src="/images/smilies/wink.png" class="smilie" loading="lazy" alt=";)" title="Wink ;)" data-shortname=";)" /></p></blockquote><p></p>
[QUOTE="owassopilot, post: 1660523, member: 16273"] If you read the law, it says loaded, or "UNLOADED". Read it again. :nolike: This original case only discusses the requirements of notifying an officer who comes to your home that you have a concealed carry license, and have a concealed firearm anywhere in the home, which according to the court, is not required. And the end results in question were NOT criminal, but rather administrative by the OSBI. The court overturned the administrative fine, plus it referenced cases showing it is NOT illegal. The court further finds in interpreting Pierce vs State (The very, very old case I referenced previously), a person has a right to keep a firearm, loaded, or unloaded within their home without any permit and move it at will. This is the same case that determined it was illegal to openly carry a firearm outside the home, even on your own property. I wish they had gone further and applied equal protection to carrying outside the home, but on your own property. However, as I mentioned, courts seem to have never been asked, that I can find, to reinterpret the laws in light of the SDA and "Make My Day" laws that did not exist when Pierce vs State was originally heard. In this case, the court was NOT asked about carrying outside a person's home, but only whether a person had to notify a police officer of a concealed weapon within their home. Since that was the limit of the case, the court couldn't, or chose not to, apply equal protection. I knew you would come along at some point and straighten us all out. ;) [/QUOTE]
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