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Author Topic: Where can you CC on your own property?  (Read 10862 times)

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Offline Jeff

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Where can you CC on your own property?
« on: June 18, 2013, 12:16:44 AM »
Without a CPL, I understand that you may CC on your own property.

I asked my CPL instructor what is considered my property.  Is it down to my mailbox?  He said that as soon as I would be stepping onto city property such as the sidewalk.  I said so if my mailbox is beyond the sidewalk I can't CC beyond that to get to my mailbox that is just past the sidewalk and on the other part of my lawn just before the street.  He said no.

Actually the story was reversed that with a CPL I wasn't allowed to open carry past the sidewalk, but we already resolved that it was not accurate in another thread awhile ago so I just asked it in reverse to make sense.

So that's my question,  How far am I allowed to travel on my property while concealed carrying assuming I had NO CPL?  Front lawn? Driveway? Sidewalk? Grass beyond sidewalk before the street?  In the street at my mailbox?

I thought I had an answer to this before but I forgot.
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Offline Donut

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Re: Where can you CC on your own property?
« Reply #1 on: June 18, 2013, 12:47:17 AM »
In my area the county owns 33 feet of right of way from the center of the road 2 lane road so I'd expect if it is 4 lanes then it would be 33 feet of right of way from the center of the left lane. I'm no lawyer here.

Doug
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Offline Super Trucker

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Re: Where can you CC on your own property?
« Reply #2 on: June 18, 2013, 10:30:05 AM »
You need to know what "your property" is. In my area it is the same as donut explained.
When you bought the house you should have received a site plan or survey that shows the measurement if what is yours, I would find that (or get a new one) as a starting point to get your answer.
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Offline TheQ

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Where can you CC on your own property?
« Reply #3 on: June 18, 2013, 01:14:04 PM »
Many jurisdictions the public has right-of-way to use the sidewalk. You still own it, there's just a permanent public easement.
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I Am Not A Lawyer (nor a gunsmith).

Offline autosurgeon

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Re: Where can you CC on your own property?
« Reply #4 on: June 22, 2013, 07:55:08 PM »
I am pretty sure the right of way is fine as you still own it you just cannot develop it.

Sent from my Optimus G using Tapatalk 2

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Anything I post may be my opinion and not the law... you are responsible to do your own verification.

Blackstone (1753-1765) maintains that "the law holds that it is better that ten guilty persons escape than that one innocent suffer."

Offline LD

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Re: Where can you CC on your own property?
« Reply #5 on: August 03, 2013, 09:21:12 PM »
All the land that you pay taxes on.

That includes land with public right of ways and utility right of ways.
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Offline esq_stu

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Where can you CC on your own property?
« Reply #6 on: August 06, 2013, 06:11:31 PM »
Quote from: LD on August 03, 2013, 09:21:12 PM
All the land that you pay taxes on.

That includes land with public right of ways and utility right of ways.
a very broad statement, care to elaborate?
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Offline Hammurabi

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Re: Where can you CC on your own property?
« Reply #7 on: August 06, 2013, 09:00:29 PM »
Quote from: esq_stu on August 06, 2013, 06:11:31 PM
a very broad statement, care to elaborate?
750.227:
Quote
(2) A person shall not carry a pistol concealed on or about his or her person, or, whether concealed or otherwise, in a vehicle operated or occupied by the person, except in his or her dwelling house, place of business, or on other land possessed by the person, without a license to carry the pistol as provided by law and if licensed, shall not carry the pistol in a place or manner inconsistent with any restrictions upon such license.
It looks like you can carry concealed in your dwelling house, place of business, or on other land you possess.
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Offline linux203

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Re: Where can you CC on your own property?
« Reply #8 on: August 07, 2013, 12:27:31 AM »
Quote from: esq_stu on August 06, 2013, 06:11:31 PM
a very broad statement, care to elaborate?

Your county clerk/assessor's office will contain a legal description of your property.  This is the property that you own.  There may be easements/sidewalks on your property.  If you are lucky, you may have survey markers that define property lines.
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When a strong man, fully armed, guards his own palace, his goods are in peace. Luke 11:21

Then He said to them, “But now, he who has a money bag, let him take it, and likewise a knapsack; and he who has no sword, let him sell his garment and buy one."  Luke 22:36

Offline drtodd

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Re: Where can you CC on your own property?
« Reply #9 on: August 10, 2013, 09:50:13 AM »
If your county has a gis website, that should have an accurate satellite photo with lines showing the property limit. In my area, the property goes to the sidewalk. The sidewalk and the strip of land before my mailbox is public property as shown on the gis website and verified by the metal stakes placed in my yard. If I didn't have a CPL, I could conceal to the sidewalk. At that point, I no longer have a "proprietary interest" and non-cpl cc would apparently be illegal.
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"The claim and exercise of a constitutional right cannot be converted into a crime." Miller v. U.S. 230 F 486 at 489

"Where rights as secured by the Constitution are involved, there can be no rule making or legislation which will abrogate them." Miranda v. Ariz., 384 U.S. 436 at 491 (1966).

Offline LD

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Re: Where can you CC on your own property?
« Reply #10 on: August 10, 2013, 04:28:40 PM »
Quote from: esq_stu on August 06, 2013, 06:11:31 PM
a very broad statement, care to elaborate?

Well... to me it is very clear.
You being a lawyer seem to think people don't own or have rights on the property they pay taxes on.
Maybe you would elaborate & and enlighten me.
It sure wouldn't be the first time I was wrong in what I believed.
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Offline TheQ

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Where can you CC on your own property?
« Reply #11 on: August 10, 2013, 06:18:37 PM »
MCL 750.227 is pretty plain black and white:

(2) A person shall not carry a pistol concealed on or about his or her person, or, whether concealed or otherwise, in a vehicle operated or occupied by the person, except in his or her dwelling house, place of business, or on other land possessed by the person, without a license to carry the pistol as provided by law and if licensed, shall not carry the pistol in a place or manner inconsistent with any restrictions upon such license.


People should interpret that for themselves.
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