Open Carry Private Property

[xXVIPERXx]

Still not got answer to the question. By some reason,the OSBI can not give you the answer due to inturpetation of law something.... Cleet , I do not know has the answer. In my opinion, If all said and equal, I feel that I should have the same right on said ownership of property to carry openly as a person if a business carry in the open.I have as much to lose as he or she does.. All gun ranges and or a majority of gun sale places , all employees carry open. It not against the law... I carry open on my own said personal property I breaking the law... Sounds stupid if you ask me... Has there been any cases in recent few years or so that involved this delima ???? Would our current congressmen know ?? State Govener?? ect... To me , someone needs to inturpet the law and or change it.. Thanks again... Appreciate the welcome ....

 

[vvvvvvv]

There are quite a few other threads on this, but I don't have time this morning to go find them for you.

Just read the summary of Piere versus State of OK. No way that would hold up after Heller.

After Heller and McDonald, any pre-existing restrictions against the Second Amendment are presumed Constitutional until addressed by the Supreme Court.

 

[SMS]

OSBI cannot give you an answer because they are not the agency responsible for interpreting Open Carry laws, neither is CLEET, or a congressman. The only interpretation that matters is a District Attorney, the State AG, or a court.

In the case of open carry outdoors on private property it has been intrepreted, enforced, and validated by the courts to be illegal.

 

[NikatKimber]

Simple self defense *should* be enough to pass any "other lawful purposes" type tests, but unfortunately we don't have good case law to support that notion.

I disagree strongly.

"Because I feel like it," should be enough reason to carry a gun on your property.

 

[aestus]

You are able to open carry on your property just like you can on your own business, indoors. To put it simply, if you're in city limits, then open carry outdoors is no bueno. Out of city limits, then you're OK if the public can't see you to complain about it. Public is being used to refer to anyone who would call to complain about a "man with a gun" or a deputy who feels the need to exert some "authority." Now whether or not it will stick in court is a different matter. Most DA's won't bother to prosecute "unlawful carry" if you're on your property out in the boonies. However, that doesn't change the fact that people can still complain and deputies won't constantly harass you about it.

Also, generally speaking if someone from a public road is able to easily see you on your private land, then you are considered "in the public" despite being on your own private land. This affects many laws including privacy laws. Just remember this if you're ever doing anything on your own property.

 

[CHenry]

More open carry legislation in the works...it has a good head of steam this time.

 

[vvvvvvv]

Also, generally speaking if someone from a public road is able to easily see you on your private land, then you are considered "in the public" despite being on your own private land. This affects many laws including privacy laws. Just remember this if you're ever doing anything on your own property.

On a tangent: It also is considered "public" if it can be seen through a window from a public road.

More open carry legislation in the works...it has a good head of steam this time.

With the crop that's there, I'm not counting on it.

 

[CHenry]

With the crop that's there, I'm not counting on it.

Well, my glass is half full maybe...maybe less than half.

 

[dutchwrangler]

Since taxes aren't voluntary reason dictates that taxed land/property belongs to the government.

 

[CHenry]

The bank owns my property and they gave me written permission to carry a gun on it.