New Member .. with a state question...

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Sharpshooter
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If you are outside the city limits get a hunting license and tell him your hunting rabbits then he can't do anything

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Glocktogo

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If the gun was in a holster, by definition it is impossible for it to be brandishing.

Incorrect. If you expose it during a confrontation for the purpose of affecting the other person, you're brandishing. In the OP's case, it's unlawful carry though, not brandishing.

So, you cannot open carry on your own property but employees of certain 'merchants' can open carry? Honestly, that makes no sense

Actually, it does somewhat. Inside a business or establishment is not considered "public". Think of Rodney Carrington's example
I was drunk in a bar! They, threw me into public! I don't want to be drunk in public! I wanna be drunk in a bar!

As for the OP's scenario, any place where you can be seen from off your proprty is considered public. If a LEO sees you carrying a firearm openly (in a non-hunting or range setting), then he has probable cause to investigate. Absent a call for service or visible signs of a crime in public (or an invitation int a private area, such as a residence), a LEO can be asked to leave private property by an owner or operator. As an example, I used to mow my yard in Osage Co. with an openly holstered handgun. I frequently ran into critters down by the creek and ponds, so it was for use on them if necessary. Yet even if a deputy drove by on the county road, they could not see me openly carrying, hence it was legal. When I worked in a gun shop, I carried openly, but only inside the store. If I went outside, I threw on a jacket. That's also legal.

Hope this helps!
 

zseese

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Incorrect. If you expose it during a confrontation for the purpose of affecting the other person, you're brandishing. In the OP's case, it's unlawful carry though, not brandishing.



Actually, it does somewhat. Inside a business or establishment is not considered "public". Think of Rodney Carrington's example

As for the OP's scenario, any place where you can be seen from off your proprty is considered public. If a LEO sees you carrying a firearm openly (in a non-hunting or range setting), then he has probable cause to investigate. Absent a call for service or visible signs of a crime in public (or an invitation int a private area, such as a residence), a LEO can be asked to leave private property by an owner or operator. As an example, I used to mow my yard in Osage Co. with an openly holstered handgun. I frequently ran into critters down by the creek and ponds, so it was for use on them if necessary. Yet even if a deputy drove by on the county road, they could not see me openly carrying, hence it was legal. When I worked in a gun shop, I carried openly, but only inside the store. If I went outside, I threw on a jacket. That's also legal.

Hope this helps!

That was actually Ron White, but otherwise absolutely correct!!!
 

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