DH you have a very good point ...this is majorly going to depend on where you live, city limits, rural area in housing addition, you would have to use your head but in areas like what you tell, very close housing would be something to consider but again you need to use your head (which should be done anytime you have a firearm)...
DH you have a very good point ...this is majorly going to depend on where you live, city limits, rural area in housing addition, you would have to use your head but in areas like what you tell, very close housing would be something to consider but again you need to use your head (which should be done anytime you have a firearm)...
so... i guess "hog hunting" in my front yard in midtown is not going to stand up too well
The cases supporting that interpretation of the law are there, and there are no cases refuting that interpretation.
You could say that Pierce itself was an antiquated interpretation and needed to be revisited, but that issue was "fixed" in Gilio.
I've heard that before...and would think it would be a viable point in the defense of a landowner who is charged for open carry on their own property. Providing of course they were engaged in otherwise lawful activity.
It is generally accepted by the public that a gun store is going to have guns. Employees who are carrying openly inside the store could be defended as live models for the wares that the gun store is selling. After all, many of the accessories they are wearing are probably available for sale through the gun store.
It could be argued that openly carrying a firearm and accessories that are available for sale in a gun store is a marketing tool for the in-store salesmen. Additionally, you could stretch even further and claim that a gun store could be a potential hot target for robberies due to the substantial amount of cash and high street value items they have on hand, further necessitating the open carrying of a loaded firearm as a deterrent to the threat of robbery.
You would have to really stretch to make that application on the property surrounding your home. That application is completely off limits until Pierce is overturned.
But this is where discretionary enforcement comes into play. If you are in town, you could easily be considered in violation of any laws related to keeping the peace. If you are in the country, it would be disrupt the peace that your neighbors are entitled to live in.
There must be some sort of complaint first.
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