Open carry in public (Read 13080 times)

Seth2son

Open carry in public
« on: August 22, 2018, 10:19:27 AM »
With the hurricane approaching and my own concerns with looting that will inevitably follow I was curious to know what is the thoughts on open carry on your private property. Obviously I know I can open carry all I want inside my private home but where does that end? Am I able to open the front door with my fire arm as long as I remain in my house? Can I exit my front door but remain in my property? Or does it end at the city side walk where my property line meets public lands? Lmk your thoughts

changemyoil66

Re: Open carry in public
« Reply #1 on: August 22, 2018, 10:32:20 AM »
I emailed the AG's office and they could not define the work "residence" to me.

So generally speaking, to me a residence is your walls.  So if you want to open your door, you're still inside your "residence".  But when you step out onto your yard then that's a questionable thing.  HPD may arrest you and you will have to pay a defense attorney to define "residence".  Which will help all of us, but cost you big bucks.

Some of us live in a condo or apartment.  So a common area (garage, lobby, etc...) also I would not consider my residence.

Now what if you live in a home that has a garage (attached or detached)?  I know of 1 guy who practices reloads in his garage and HPD drove by and just looked at him.  But now it's a judgement call by the officer.  If they're having  a bad day, you might end up in cuffs.  Is there such thing as "extension of residence"?

Remember even if there is a natural disaster, rules for "use of deadly force" still apply and all gun laws.  So you cannot shoot at someone who is looting.  Or open carry in knee high water while relocating.  Gun must be in an enclosed container when leaving the home.

Same goes for "school zones".  If you evac to a shelter that's in a public school, the federal law applies, unless you get permission (which you won't get).  IIRC, you must have written permission from the principal. 

Hope this helps.

Drakiir84

Re: Open carry in public
« Reply #2 on: August 22, 2018, 10:44:27 AM »
I CCW basically at all times while I'm at home.  My property lines are clearly defined with fences and a front gate.
"The rifle is a weapon. Let there be no mistake about that. It is a tool of power, and thus dependent completely upon the moral stature of its user. It is equally useful in securing meat for the table, destroying group enemies on the battlefield, and resisting tyranny. In fact, it is the only means of resisting tyranny, since a citizenry armed with rifles simply cannot be tyrannized."
-Jeff Cooper

changemyoil66

Re: Open carry in public
« Reply #3 on: August 22, 2018, 11:03:45 AM »
I CCW basically at all times while I'm at home.  My property lines are clearly defined with fences and a front gate.

^^^This, if you CCW, no one knows, even pesky neighbors.

RSN172

Re: Open carry in public
« Reply #4 on: August 22, 2018, 11:05:58 AM »
I cc or open carry anywhere on my property and even when I mow the grass outside the fence along both sides of the road for a distance of 500 ft.   But couple things to keep in mind.  I live in Puna and you cannot see inside my property from outside the fence unless you are in a bucket truck.  Our roads are privately owned and many times I can be doings things outside for two hours and not a single vehicle passes by.
Happily living in Puna

Flapp_Jackson

Re: Open carry in public
« Reply #5 on: August 22, 2018, 12:20:07 PM »
The city has an easement, or right-of-way, that extends onto sidewalks and probably onto your property.  If you have utility lines underground or above, there may be easements through your property, too.

So, a case could be made that easements constitute publicly-accessible property for the purposes of repairs, maintenance and upgrades.

I'd be careful to stay away from the shoulders and sidewalks next to roads around your property.  If someone reports seeing a gun on someone "walking near the street", a Cop might decide to arrest you and let the lawyers hash out the property boundaries.

"Out of sight, out of mind" is a good philosophy. CCW is legal on your property.  Might as well get some practice in while we wait on the state to start issuing permits!   :thumbsup: :geekdanc:
The reasonable man adapts himself to the world;
the unreasonable one persists in trying to adapt the world to himself.
Therefore, all progress depends on the unreasonable man.
-- George Bernard Shaw

robtmc

Re: Open carry in public
« Reply #6 on: August 22, 2018, 03:07:25 PM »
Might as well get some practice in while we wait on the state to start issuing permits!   
Not a bad idea, as I have no concealed holsters and using one in my usual shorts and tee shirt  are an issue. 

Suppose getting a fanny pack and wearing it around all day would work.  The IWB holsters and gun weight are a bit much for elastic waist bands of my shorts to hold up.

Meanwhile, I have two open carry setups set for quick buckle on.

zippz

Re: Open carry in public
« Reply #7 on: August 22, 2018, 03:15:07 PM »
I dont think any LE will cause trouble if you open carry on your own property.  I would do it id there's rioting and looting in the neighborhood.

Worse case is you could be arrested but it would get kicked out in court.

Should also carry other options like pepper spray for looters.

Flapp_Jackson

Re: Open carry in public
« Reply #8 on: August 22, 2018, 03:18:35 PM »
Not a bad idea, as I have no concealed holsters and using one in my usual shorts and tee shirt  are an issue. 

Suppose getting a fanny pack and wearing it around all day would work.  The IWB holsters and gun weight are a bit much for elastic waist bands of my shorts to hold up.

Meanwhile, I have two open carry setups set for quick buckle on.

I have one similar to this.  Doesn't require a belt or waistband support to work.  Kind of like an ankle holster that fits around your waist.

https://tinyurl.com/y9sthxny
The reasonable man adapts himself to the world;
the unreasonable one persists in trying to adapt the world to himself.
Therefore, all progress depends on the unreasonable man.
-- George Bernard Shaw

Seth2son

Re: Open carry in public
« Reply #9 on: August 22, 2018, 03:29:34 PM »
Sounds like all good suggestions except I currently reside in Honolulu city so I’m pretty sure wether I’m in the confines of my legally owned private property someone would call the cops.  Also even though I feel that I would be well within my legal rights I don’t want to be the Ginny pig and let a bias legal system determine my fate as I don’t have unlimited funds to spend on a defensive legal team.

Flapp_Jackson

Re: Open carry in public
« Reply #10 on: August 22, 2018, 03:36:07 PM »
Sounds like all good suggestions except I currently reside in Honolulu city so I’m pretty sure wether I’m in the confines of my legally owned private property someone would call the cops.  Also even though I feel that I would be well within my legal rights I don’t want to be the Ginny pig and let a bias legal system determine my fate as I don’t have unlimited funds to spend on a defensive legal team.

If the firearm is holstered, you aren't drinking/doing drugs, and you stay on your property, so what if someone complains?  If you have security cameras to disprove any "he was waving and pointing his gun at people" lies, all the better.

Eventually the Cops will tell callers you aren't doing anything illegal and will stop bother you.

It takes a few Guinea Pigs to be willing to educate the public.
The reasonable man adapts himself to the world;
the unreasonable one persists in trying to adapt the world to himself.
Therefore, all progress depends on the unreasonable man.
-- George Bernard Shaw

robtmc

Re: Open carry in public
« Reply #11 on: August 22, 2018, 03:42:43 PM »
I have one similar to this.  Doesn't require a belt or waistband support to work.  Kind of like an ankle holster that fits around your waist.

https://tinyurl.com/y9sthxny

Looks hot, like those "lose weight" belly straps.

How is it in hot weather?

shdws

Re: Open carry in public
« Reply #12 on: August 22, 2018, 04:06:54 PM »
pew
« Last Edit: November 09, 2020, 09:22:38 AM by shdws »

Flapp_Jackson

Re: Open carry in public
« Reply #13 on: August 22, 2018, 04:57:06 PM »
Looks hot, like those "lose weight" belly straps.

How is it in hot weather?

There's always the pocket gun option, but that weighs athletic shorts down more than I want.


The belt I have was more expensive, but has a 2" adjustable elastic belt.  Only the pistol & mag pouch section is wider -- about 5" H x 12" W.  Depending on your waist size, the belt will be 2-4 times the distance around.

I like wearing it over my shorts waistband. Keeps the elastic off my skin, and I can wear a long enough T-shirt to cover it.

I think I got mine on sale during a FB holiday sale for 20% off.

https://tinyurl.com/yb2oewae

Quote
Question: what make this belly band style holster worth 3 to 5 times more than other BB holsters?? is it that much better built?? better design?

Answer: Yes and yes. Most belly bands are manufactured in China using neoprene and low-cost velcro and elastic. This holster has no neoprene at all.
The velcro and elastic are the most expensive, highest quality materials that we can source. The holster is made from 100% US sourced materials and is hand-sewn
in the US by American workers. The materials that come in contact with the gun are shark skin and it won't stick during a draw. In addition, the holster has a patented
design that makes it fit any semi-automatic while still carrying it snugly with a forward cant. Most belly bands just have a square pocket that doesn't really fit any gun
perfectly.
By Concealed Carry Inc SELLER  on June 1, 2018
The reasonable man adapts himself to the world;
the unreasonable one persists in trying to adapt the world to himself.
Therefore, all progress depends on the unreasonable man.
-- George Bernard Shaw

robtmc

Re: Open carry in public
« Reply #14 on: August 22, 2018, 05:10:16 PM »
The belt I have was more expensive, but has a 2" adjustable elastic belt.  Only the pistol & mag pouch section is wider -- about 5" H x 12" W.  Depending on your waist size, the belt will be 2-4 times the distance around.

I like wearing it over my shorts waistband. Keeps the elastic off my skin, and I can wear a long enough T-shirt to cover it.

I like the looks of that a lot better, and hear you about wrapping the belt over the shorts waistband.  That other one just looked like one of those "melt belly fat" things.

Flapp_Jackson

Re: Open carry in public
« Reply #15 on: August 22, 2018, 05:17:36 PM »
I like the looks of that a lot better, and hear you about wrapping the belt over the shorts waistband.  That other one just looked like one of those "melt belly fat" things.

For around the house/yard, it's perfect to carry my M&P Shield 9mm.  The snap-strap keeps the pistol secure if I need to take the belt off for whatever reason (nature break) without removing the gun from the holster.
The reasonable man adapts himself to the world;
the unreasonable one persists in trying to adapt the world to himself.
Therefore, all progress depends on the unreasonable man.
-- George Bernard Shaw

London808

Re: Open carry in public
« Reply #16 on: August 22, 2018, 09:52:54 PM »
I carry most of the item when I’m home, I have a clip on holster that I drop on my belt, I don’t open or conceal carry, my shirt sits where it sits.
"Mr. Roberts is a bit of a fanatic, he has previously sued HPD about gun registration issues." : Major Richard Robinson 2016

eyeeatingfish

Re: Open carry in public
« Reply #17 on: September 03, 2018, 11:07:38 PM »
It has always been my understanding that anywhere on your property is legal. I have heard that doesn't apply to common areas like parking lots of condos though.

Just stick with CCW, more advantages to CCW over open carry.

punaperson

Re: Open carry in public
« Reply #18 on: September 04, 2018, 06:43:20 AM »
It has always been my understanding that anywhere on your property is legal. I have heard that doesn't apply to common areas like parking lots of condos though.

Just stick with CCW, more advantages to CCW over open carry.
Care to share any details of the sources as to how "it has always been" your "understanding" that carrying anywhere on your property is legal? Or where you have "heard" about the "common areas" prohibition?

What about on someone else's property where you are welcome and have the owner's permission to carry (open or concealed)? Does it have to be your "place of sojourn", or can you return home for the night without being subject to arrest? How would the cops know, prior to your departure that it was not your "place of sojourn"? If you leave before midnight, or exactly when, does it or does it not become your "place of sojourn"? Why should "place of sojourn" be a legal "place to keep" (NOT bear) arms? And not anywhere else you are?

What about if I am standing at my property line (say, at the street) and I stick my hand or leg in the air across the line, without touching the ground, am I a criminal subject to arrest? What if I do step across the line by a foot?

Please supply us with your source(s) documenting the "advantages to CCW over open carry". By "sources" I mean data from the real world documenting the advantages, not theoretical articles by people spinning hypothetical "what ifs" and "coulds". Thanks.

I've got a crazy idea, how about if laws only make people into criminals when they actually harm someone, not because in some hypothetical they "might" harm someone? Otherwise to be consistent you have to ban driving cars, because those kill and injure way more people than guns every day, especially guns carried by otherwise law-abiding citizens, and thus have the potential to kill and injure people every single time every single person gets behind the wheel and enters into "the public space". Oh, sorry, I forgot. Can't do that because "gunz".

oldfart

Re: Open carry in public
« Reply #19 on: September 04, 2018, 08:51:52 AM »
It has always been my understanding that anywhere on your property is legal. I have heard that doesn't apply to common areas like parking lots of condos though.

Just stick with CCW, more advantages to CCW over open carry.
==========
 common sense tells me this is what it is, and this is how I choose to define my residence.
What, Me Worry?