2aHawaii
General Topics => Legal and Activism => Topic started by: kekoa on August 24, 2013, 05:29:38 PM
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Ok, anyone out there now what the law says about open carry on your own private property? Can you do it? If so are there any required permits?
Just wondering...
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Ok, anyone out there now what the law says about open carry on your own private property? Can you do it? If so are there any required permits?
Just wondering...
I think, there is no problem, you can be packing on your own backyard (same thing as packing inside your house...The problem for outside is ...as long as your neighbor does not complain...if they do then the cops might come and tell you not to do that.
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I think, there is no problem, you can be packing on your own backyard (same thing as packing inside your house...The problem for outside is ...as long as your neighbor does not complain...if they do then the cops might come and tell you not to do that.
Dang neighbors :shake:
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You are allowed to do so by law, but it is essentially worthless as the laws make it nearly impossible for you to utilize that firearm should a situation arise.
Of course, the secret is to have an in depth knowledge of the laws, and to know exactly what to say and write in your statement to justify its use.
How is it that you can't use it? I understand that if an immanent threat to life is present you have the right the right to protect yourself. Is it because of the ability to retreat from the area? I could see that holding true as opposed to being inside you home where retreat is improbable at best.
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As someone stated, the biggest problem lies with the neighbors complaining. If no one will tell on you , or if you live in the boonies, it shouldn't be a problem. Of course, there may come a time when you would have to justify your actions, so that is why I harp on knowing exactly what to say to justify and defend those actions.
Yes sir! I agree with you whole heartedly.
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I bite your bait too. What are the "right things" to say. You have mentioned that phrase almost as a mantra regarding the discharge of a firearm in defense on the home front.
Hey thanks for the insightful discussion as well.
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read and understand them well.and if u get stuck remember the 5th amendment
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Best advice I've seen:
(1) Have a pro-2A attorney on speed dial .... and on retainer.
(2) When asked for a statement by LE, reply, "Officer, I intend to cooperate fully with your investigation. However, I believe it would be in my best interest to answer any questions in the presence of my lawyer. Do you mind if I call him?"
You're probably all shaken up after shooting someone. Your lawyer is calmer and more knowledgeable. Mistakes can cost you more than you realize. :thumbsup:
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How is it that you can't use it? I understand that if an immanent threat to life is present you have the right the right to protect yourself. Is it because of the ability to retreat from the area? I could see that holding true as opposed to being inside you home where retreat is improbable at best.
no matter what...whether the law is with you or not, you'll still have to deal with the court if you shoot somebody....for example, a tresspasser comes to your yard while you are not home, then he/she gets hurt, he/she can then sue you (the innocent owner of the property)...go figure!
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my family and I open carry on my private land, the police came a couple of times for noise complaints. but they didn't say anything about my holstered handgun and the rifle on my golf cart. they just ask me if was a registered owner of these firearms etc.... but i keep the law at the gates only if i need them or if they want to pick some veggies for there family... so YES to open carry on private lands.... Houses on the other hand different story, because police dont give a rats ass with or without a warrant these days......
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no matter what...whether the law is with you or not, you'll still have to deal with the court if you shoot somebody....for example, a tresspasser comes to your yard while you are not home, then he/she gets hurt, he/she can then sue you (the innocent owner of the property)...go figure!
that is also correct. you still pay for it! even though you are in the right..... example don't shoot an intruder from behind, only frontal because they are fleeing and not putting you in danger! also an intruder falls, slice, or break something on his body. he or she could sue you for that, even though they are in fact in the wrong!!!! i use to do private security in the mainland for a lawyer friend of mines, and i sit in some stupid ass hearings and most of the time the criminal always gets away..... even my family lawyer that comes over from time to time says, the law can be changed only if your pockets is deep enough!!!
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that is also correct. you still pay for it! even though you are in the right..... example don't shoot an intruder from behind, only frontal because they are fleeing and not putting you in danger! also an intruder falls, slice, or break something on his body. he or she could sue you for that, even though they are in fact in the wrong!!!! i use to do private security in the mainland for a lawyer friend of mines, and i sit in some stupid ass hearings and most of the time the criminal always gets away..... even my family lawyer that comes over from time to time says, the law can be changed only if your pockets is deep enough!!!
yup..roger that!
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Houses on the other hand different story, because police dont give a rats ass with or without a warrant these days......
Hmm? So on my yard is OK and in my is a no go ??? Or are you just being facetious about the house thing?
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Hmm? So on my yard is OK and in my is a no go ??? Or are you just being facetious about the house thing?
try it! Holster up and figure it out! You'll figure it out :thumbsup: :shaka:
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try it! Holster up and figure it out! You'll figure it out :thumbsup: :shaka:
yeah, yeah
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Is there a current listing of pro 2a lawyers out there we could use? Thanks
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Hmm? So on my yard is OK and in my is a no go ??? Or are you just being facetious about the house thing?
I open carry, while I water my plants, so does my neighbors, but there's some gun activists that lives there also. so when they call the cops, they try to use there authority and bully you even on your property... But I'm in the right, they do leave! but in a unprofessional way, I do also open carry on my families farm.....
It's a given right to feel free on your property!!! You are an AMERICAN!!!! :shaka:
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Talk to FunTimes
Thanks Q
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so today i get someone knocking at my door and ringing my doorbell for twenty minutes. look out the peephole and i don't know him and don't open or acknowledge him. everyone in my household is told to never answer the door for anyone unless they expect someone or can visibly see and recognize the person at the door. my question is; if i answer the door and i'm packing, and the person sees this, am i in the right to answer the door this way or could i get in trouble?
maybe it was an enthusiastic mormon or a persistent kirby salesman but, the thought of a home invasion ran through my mind and wondered what everyone's thoughts were.
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so today i get someone knocking at my door and ringing my doorbell for twenty minutes. look out the peephole and i don't know him and don't open or acknowledge him. everyone in my household is told to never answer the door for anyone unless they expect someone or can visibly see and recognize the person at the door. my question is; if i answer the door and i'm packing, and the person sees this, am i in the right to answer the door this way or could i get in trouble?
maybe it was an enthusiastic mormon or a persistent kirby salesman but, the thought of a home invasion ran through my mind and wondered what everyone's thoughts were.
If you're too nervous to answer the door unarmed, you should invest in an intercom and camera. I have a video phone and doorbell unit that sends live video to the base when the bell rings. I pick up the phone and ask who it is. If I want them to leave, I just say "No thanks. Maybe next time." and hang up.
Our yard is fenced, and the front gate is the length of the garage from the front door. To race from upstairs, to the front door, outside, and to the gate takes a little time. The intercom lets us answer the doorbell quicker and more safely (I have daughters).
Here's what I have. This model is discontinued, but there are newer ones available:
(http://i944.photobucket.com/albums/ad287/Doug_Moose/videophone_zps84d602aa.jpg) (http://s944.photobucket.com/user/Doug_Moose/media/videophone_zps84d602aa.jpg.html)
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yup, got young ones too and they don't answer for anyone. friend of mine 2 blocks from where we live had an incident(mililani mauka). doorbell rang at night and he went out into his garage(view of front door) to see who it was. he didn't see anyone at 1st. then, he saw someone across the street hiding behind some bushes looking toward his front door. he watched until the guy walked up the street and into a cul de sac, heard a car start up then my friend ran out his garage side door to try and get a look at the car. it drove past his house without lights on and went down the street. my friend then hopped his fence to run to his back wall to see the car. just when he hopped his front fence, he heard someone running in his yard and hopped the back wall. he and his son gave chase but couldn't catch him. my friend thinks that the other guy was waiting on the side of his front door and the guy across the street was the lookout. so yup, we don't open our door for anyone.
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if i answer the door and i'm packing, and the person sees this, am i in the right to answer the door this way or could i get in trouble?
I'd like to know if this is acceptable as well. Anyone?
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I'd like to know if this is acceptable as well. Anyone?
There is nothing illegal about packing your firearm in your own home. That being said, if you do answer the door and someone takes issue with it, the situation could go down hill from there. For example, despite it being completely legal (much like open carry in some states, or videotaping police in all states...) the police could be called, and depending on a multitude of factors, the responding police could attempt to make a case of "brandishing" or terroristic threatening, or maybe just the ever useful and all encompassing "disturbing the peace."
Bottom line: It's legal, but that doesn't mean you won't wind up facing a shit storm if someone gets their panties in a knot about it....