Is my garage/yard part of my residence? (Read 12865 times)

Cougar8045

Is my garage/yard part of my residence?
« on: July 14, 2011, 01:45:15 PM »
The reason I ask is that I have a detached garage.  Momma (for obvious reasons) doesn't like gun cleaning solvents, oils, etc on her kitchen table, so I typically do gun cleaning in the garage.  Since it's Hawaii, and the average temperature of my garage is about 1400 degrees, I normally have the garage door open when I'm working in there.  So say I'm cleaning my gun, and have just reassembled it when the neighbor walks by.  If he/she were to freak out and call the cops, would I be justified in saying that I am in the confines of my residence while in the garage, or do the courts interpret "residence" as my house and house only?  Additional information:  one side of my back yard is composed of the house, and the opposite side is the garage.  The two other sides are six foot high privacy fences, so it's not like I have to walk around on the sidewalk to get to the garage or anything.
I'm just a fluffy white bunny rabbit who lost his way. 

"If a thief be found breaking in, and be smitten that he die, there shall no blood be shed for him. ..."  -Exodus 22:2

kaneohegrown

Re: Is my garage/yard part of my residence?
« Reply #1 on: July 14, 2011, 02:16:55 PM »
My thinking would be that as long you're paying property tax on the land that the garage sits on; I'd think it's a portion of your residence.  When homes are put up for sale, garage space is counted as part of the home’s square footage.

But that's what I think; maybe someone can chime in with a clear cut answer.

808shooter

Re: Is my garage/yard part of my residence?
« Reply #2 on: July 14, 2011, 03:33:24 PM »
I clean my guns in my garage in full view of the street for some of the same reasons you mentioned.  :popcorn:

Tom_G

Re: Is my garage/yard part of my residence?
« Reply #3 on: July 14, 2011, 03:53:02 PM »
Two words: "terroristic threatening."  One other word: "brandishing."

While it's legal for you to have guns anywhere on your property, it's also legal for anyone who sees you with one to file a complaint using one of the aforementioned terms.

It's legal for you to mow your yard with a locked-and-loaded AR slung over your back.  And just as legal for your neighbor to make your life miserable because of it.

Personally, I clean my guns in the living room, but with all the windows open for health and comfort reasons.  I simply try to arrange things so that a passer-by on the street isn't likely to have a clear view of what I'm doing.
The difference between theory and reality is that, in theory, there is no difference between theory and reality.

2asupport

Re: Is my garage/yard part of my residence?
« Reply #4 on: July 14, 2011, 05:01:59 PM »
if you clean it on a table or bench, why not just open the garage half way?  still get some ventilation and no one would see what you were doing.   I not big on advertising my guns to the neighborhood.

Cougar8045

Re: Is my garage/yard part of my residence?
« Reply #5 on: July 14, 2011, 09:32:08 PM »
if you clean it on a table or bench, why not just open the garage half way?  still get some ventilation and no one would see what you were doing.   I not big on advertising my guns to the neighborhood.
That's not a bad idea, and I have considered it.  To be honest, part of the reason I do it is so my neighbors CAN see me doing it.  I think part of the resistance that gun owners and second amendment advocates experience in Hawaii is due to misconceptions about firearms and the people who love them.  I'd like to do my part for all of us by putting a personal, friendly face on gun ownership, at least in my neighborhood; but I'm not going to do it at risk of confiscation or imprisonment.

So that's the reason/logic behind it.  (That and the aforementioned 1400* temps!  :'()  Do you think a terroristic threatening complaint would have much traction?  I don't do dry-fire drills or anything like that in the garage, just take them out, strip, clean, and reassemble them, then back inside to the safe.  So it's not like I'm waving a gun around.  In order to make a complaint like that stand up in court, do they have to prove I actually used threatening language or made gestures; or is it entirely based on the plaintiff's subjective feelings?  "I was so scared when I saw that gun, it terrorized me!" ::)
I'm just a fluffy white bunny rabbit who lost his way. 

"If a thief be found breaking in, and be smitten that he die, there shall no blood be shed for him. ..."  -Exodus 22:2

Funtimes

Re: Is my garage/yard part of my residence?
« Reply #6 on: July 14, 2011, 09:43:35 PM »
I would conduct firearms training outside my home if my lease didn't have clauses against guns in it :).  As long as you  are not pointing it people and threatening them, terroristic threatening will not hold water.  Just like the guys who open carry got hit with disordely conduct in other states, it went no where -- except to the bank =).
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Cougar8045

Re: Is my garage/yard part of my residence?
« Reply #7 on: July 14, 2011, 10:44:58 PM »
I would conduct firearms training outside my home if my lease didn't have clauses against guns in it :).  As long as you  are not pointing it people and threatening them, terroristic threatening will not hold water.  Just like the guys who open carry got hit with disordely conduct in other states, it went no where -- except to the bank =).
That's what I'm thinking, too.  My only concern is that if somebody really wanted to screw me, they'd claim I pointed it at them.  That would make it their word against mine, and it seems likely that in Hawaii, the court/police would default to taking the word of the frightened citizen over the word of the owner of an eeevil black gun!  >:D
I'm just a fluffy white bunny rabbit who lost his way. 

"If a thief be found breaking in, and be smitten that he die, there shall no blood be shed for him. ..."  -Exodus 22:2

Dregs

Re: Is my garage/yard part of my residence?
« Reply #8 on: July 14, 2011, 11:19:46 PM »
VIDEO CAMERA that shit man. Then countersue the bejeezus out of him.

Cougar8045

Re: Is my garage/yard part of my residence?
« Reply #9 on: July 15, 2011, 01:02:43 AM »
VIDEO CAMERA that shit man. Then countersue the bejeezus out of him.
Not a bad idea, although I'd probably set up the video camera the first two or three times, then get tired of it.  Naturally, the shit's not going to hit the fan until the first time I'm out there without the camera... :grrr:
I'm just a fluffy white bunny rabbit who lost his way. 

"If a thief be found breaking in, and be smitten that he die, there shall no blood be shed for him. ..."  -Exodus 22:2

Dregs

Re: Is my garage/yard part of my residence?
« Reply #10 on: July 15, 2011, 01:14:18 AM »
Nah man. Get a camera dedicated to capturing your actions in the garage. Like a small security cam or cheapo point and shoot cam. Leave it in the corner. Make turning it on a standard motion you execute before dry-practicing. Same with turning it off. Just make it a automatic routine. Something you MUST do before practice. Get it in your mindset that you physically CANNOT practice unless that garage camera is on. Maybe every Sunday or first of the month, transfer the files to your computer. Just in case you get a knock on your door for something that they claimed happened two months ago. Orly? What time and day was that? *show them your video* BAM WHAT THE HELL IS THIS THEN?!? BOOYAH. OUTTA MAH FACE.

Remember, just like you CANNOT point a gun at something unless you intend to destroy it, you CANNOT practice in your garage without that camera on.

Because they're out to get you.

BMWRider

Re: Is my garage/yard part of my residence?
« Reply #11 on: July 16, 2011, 03:01:37 AM »
I conduct parts of my handgun classes in my open garage. I designate safe directions (in which the firearms are pointed away from the open garage). I also clean my guns in my garage and have never had a complaint. I figure that if someone wants to make a complaint against me, they can "bring it". I do not brandish firearms in my garage according to the legal definition of brandishing a weapon. I do not see any reason why you should be afraid of cleaning your guns in your garage, so long as the barrel is not pointed out of your garage/patio/whatever at the street or passerbys.

PeaShooter

Re: Is my garage/yard part of my residence?
« Reply #12 on: July 16, 2011, 11:44:52 AM »
First time I cleaned a handgun I did it indoors with no ventilation, sprayed that Mil-Pro 7 (which is supposed to be non-toxic) everywhere...and got sick. :shake: Throat felt weird soon afterwards and I developed some kind of cough/bronchitis which lasted for several months.

Since then I still clean indoors with minimal ventilation, but I'm much more efficient at cleaning and so far have managed to finish up without getting sick. I wonder if I might still be damaging myself, though. Sometimes I use a mask but I'm not sure if it helps. Masks only block certain kinds of airborne things, others just go right through.

In addition to the standard stuff, I use some unconventional methods of cleaning like paper towels and toothpicks. Anyone else use these to clean guns? I learned the hard way that paper towels can scratch my gun's finish, but oddly it seems to depend on the particular gun. Some of mine scratch badly with paper towels but most do not seem to scratch at all.

HiCarry

Re: Is my garage/yard part of my residence?
« Reply #13 on: July 18, 2011, 11:41:10 PM »
...... Sometimes I use a mask but I'm not sure if it helps. Masks only block certain kinds of airborne things, others just go right through....
What kind of mask are you using? If it is a simple dust mask, it probably will not work well as most solvents emit vapors. Most masks will not prevent inhalation of vapors or gases.

APRs (air purifying respirators) can, depending on what filters are used, prevent you from sucking up fumes, but my guess is that is not what you are using....

GZire

Re: Is my garage/yard part of my residence?
« Reply #14 on: July 19, 2011, 07:54:42 AM »
^^^In the industry you are also required to do a physical and fit test as well to assure you can use a respirator.  It's not quite as plug and play as many think.

PeaShooter

Re: Is my garage/yard part of my residence?
« Reply #15 on: July 19, 2011, 10:21:32 AM »
Just ordinary dust masks or a cloth wrapped around my face. Probably not helping. I do have a more heavy duty gas mask, purchased from a military surplus store on the mainland years ago. But I wear glasses, and I can't wear that mask over my glasses, so it's useless to me unless I want to wear contacts.

By the way, are there any military surplus stores in Hawaii?

vooduchikn

Re: Is my garage/yard part of my residence?
« Reply #16 on: July 19, 2011, 10:28:19 AM »
Just ordinary dust masks or a cloth wrapped around my face. Probably not helping. I do have a more heavy duty gas mask, purchased from a military surplus store on the mainland years ago. But I wear glasses, and I can't wear that mask over my glasses, so it's useless to me unless I want to wear contacts.

By the way, are there any military surplus stores in Hawaii?

Yes, off Sand Island. I think it is called MilitarySurplus HQ. Was there yesterday. Not sure what you are looking for, but they are a tad pricey for "Surplus".
Relax, I've banned myself..

Cougar8045

Re: Is my garage/yard part of my residence?
« Reply #17 on: July 19, 2011, 10:35:59 AM »
Stop being such sissies.  Ventilation is overrated!  Personally, I think the nose bleeds, headaches, confusion, and euphoria are benefits!  Mmmmmm, Shooter's Choice....
I'm just a fluffy white bunny rabbit who lost his way. 

"If a thief be found breaking in, and be smitten that he die, there shall no blood be shed for him. ..."  -Exodus 22:2

vooduchikn

Re: Is my garage/yard part of my residence?
« Reply #18 on: July 19, 2011, 11:12:06 AM »
Stop being such sissies.  Ventilation is overrated!  Personally, I think the nose bleeds, headaches, confusion, and euphoria are benefits!  Mmmmmm, Shooter's Choice....

^ This.   Eventually there will be an add on TV for you to grab some lawyer from another state and sue somebody for some disease you have, might as well make it from gun cleaning products.

"Do you or some gun nuts you know have Mesothilioma caused by the inhalation of powder solvent and gun powder residue? You may be entitled to compensation. Call the law offices of James K Sakelove...blah blah bahh bahh baaahhh."
Relax, I've banned myself..

Cougar8045

Re: Is my garage/yard part of my residence?
« Reply #19 on: July 19, 2011, 12:01:11 PM »
Stop being such sissies.  Ventilation is overrated!  Personally, I think the nose bleeds, headaches, confusion, and euphoria are benefits!  Mmmmmm, Shooter's Choice....

^ This.   Eventually there will be an add on TV for you to grab some lawyer from another state and sue somebody for some disease you have, might as well make it from gun cleaning products.

"Do you or some gun nuts you know have Mesothilioma caused by the inhalation of powder solvent and gun powder residue? You may be entitled to compensation. Call the law offices of James K Sakelove...blah blah bahh bahh baaahhh."
Looking forward to that.  Bad things happened to me!  Give me your money so I'll feel better!
I'm just a fluffy white bunny rabbit who lost his way. 

"If a thief be found breaking in, and be smitten that he die, there shall no blood be shed for him. ..."  -Exodus 22:2