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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="henschman" data-source="post: 1660764" data-attributes="member: 4235"><p>I hadn't seen that <em>Gilio v. State</em> case before. Thanks for posting it Veggie. When I made my previous comments about it being illegal to carry a gun, even in your own home, for purposes other than sporting, education, hunting, or reenacting, I was thinking of that 1920s <em>Pierce</em> case. Contrary to what one fellow said in here, that case actually did find Pierce liable for carrying the gun IN HIS OWN HOME for the purpose of personal protection. However, <em>Gilio </em>states that there is legal authority to carry a gun in one's home other than SDA, and as the source of this authority partially relies on language in the Make my Day law, which states that it is not a violation, nor is a permit needed, to carry a gun for the purposes described (shooting people who break into your house). </p><p></p><p>Overall a good case that expanded the state's recognition of our rights a bit over <em>Pierce</em>. </p><p></p><p>But none of that changes how the law applies to the OP, who is worried about carrying on his land outside of his home. I suppose if you were a compulsive law abider you could make up your mind that you will shoot any hogs or coyotes you see when you are on your walks, and so that way you are (at least partially) carrying a gun for one of the "legitimate" purposes that the law sets out (hunting). </p><p></p><p>OK, lawyer hat off... I like the civil disobediance that a lot of you guys are advocating. That is the type of attitude I'd like to see more of when it comes to laws that are violative of our liberties. That is how I handle it too. If I want to carry a gun just for the heck of it when I'm walking on my parents' acreage or on any other private property, I damn well will. I really don't give two hoots for a law that violates one of my natural rights, and will disobey such laws as much as I think I can get away with if they prohibit something I want to do. In the case of such laws, I like to weigh the benefit I get from breaking the law against the possible penalty times the likelihood of being prosecuted for it. In the case of carrying a gun on rural private property, the chance of being prosecuted is very low, its only a misdemeanor if you do get prosecuted for it, and I get immense pleasure from walking around in the country with a gun, shooting anything I feel like. <img src="/images/smilies/smile.png" class="smilie" loading="lazy" alt=":)" title="Smile :)" data-shortname=":)" /> So I will go on doing it. And if you don't like it, you are welcome to come try to stop me! <img src="/images/smilies/image1248.gif" class="smilie" loading="lazy" alt=":gun2:" title="Image1248 :gun2:" data-shortname=":gun2:" /> <img src="/images/smilies/wink.png" class="smilie" loading="lazy" alt=";)" title="Wink ;)" data-shortname=";)" /></p></blockquote><p></p>
[QUOTE="henschman, post: 1660764, member: 4235"] I hadn't seen that [I]Gilio v. State[/I] case before. Thanks for posting it Veggie. When I made my previous comments about it being illegal to carry a gun, even in your own home, for purposes other than sporting, education, hunting, or reenacting, I was thinking of that 1920s [I]Pierce[/I] case. Contrary to what one fellow said in here, that case actually did find Pierce liable for carrying the gun IN HIS OWN HOME for the purpose of personal protection. However, [I]Gilio [/I]states that there is legal authority to carry a gun in one's home other than SDA, and as the source of this authority partially relies on language in the Make my Day law, which states that it is not a violation, nor is a permit needed, to carry a gun for the purposes described (shooting people who break into your house). Overall a good case that expanded the state's recognition of our rights a bit over [I]Pierce[/I]. But none of that changes how the law applies to the OP, who is worried about carrying on his land outside of his home. I suppose if you were a compulsive law abider you could make up your mind that you will shoot any hogs or coyotes you see when you are on your walks, and so that way you are (at least partially) carrying a gun for one of the "legitimate" purposes that the law sets out (hunting). OK, lawyer hat off... I like the civil disobediance that a lot of you guys are advocating. That is the type of attitude I'd like to see more of when it comes to laws that are violative of our liberties. That is how I handle it too. If I want to carry a gun just for the heck of it when I'm walking on my parents' acreage or on any other private property, I damn well will. I really don't give two hoots for a law that violates one of my natural rights, and will disobey such laws as much as I think I can get away with if they prohibit something I want to do. In the case of such laws, I like to weigh the benefit I get from breaking the law against the possible penalty times the likelihood of being prosecuted for it. In the case of carrying a gun on rural private property, the chance of being prosecuted is very low, its only a misdemeanor if you do get prosecuted for it, and I get immense pleasure from walking around in the country with a gun, shooting anything I feel like. :) So I will go on doing it. And if you don't like it, you are welcome to come try to stop me! :gun2: ;) [/QUOTE]
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