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Thread: VA case - illegal carry on property that's not curtlige ...

  1. #1
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    VA case - illegal carry on property that's not curtlige ...

    http://fourthamendment.com/blog/inde...pb=1#more10655

    The linked pdf (contained w/i the link above) shows the folly of the stupid curtilage rule as opposed to just "property".

    Guy got busted for carrying on his own land. Retarded.

    A good read if one wants to learn about curtilage too.

  2. #2
    Regular Member OC for ME's Avatar
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    Foley should have been OCing his pee shooter.....avoid the hassle all together.
    "I would rather be exposed to the inconveniences attending too much liberty than to those attending too small a degree of it." - Thomas Jefferson.

    "Better that ten guilty persons escape, than that one innocent suffer" - English jurist William Blackstone.
    It is AFAIK original to me. Compromise is failure on the installment plan, particularly when dealing with so intractable an opponent as ignorance. - Nightmare

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    The concealed carry statute prohibits concealed carry unless you're in your own home, and the curtilage is part of the home. When you're out and about on a four-acre plot where anyone might show up, you're not allowed to have a concealed weapon in Virginia unless you've got a permit.

    The problem I have with the Foley decision is not that there's a distinction between the curtilage and the "open fields", the "castle doctrine", or in Virginia, the "defense of habitation doctrine" as it's called, applies in the curtilage as well as the interior of the dwelling. The problem I have is this: Article 1, Section 13 of our Constitution, as well as the federal 2nd Amendment which is based on Virginia law, both use the term, "infringed". Neither of them says anything about "reasonable regulation". So what I wonder when people write statutes like this is, "What part of 'shall not be infringed', did you not understand?".
    Daniel L. Hawes - 540 347 2430 - HTTP://www.VirginiaLegalDefense.com

    By the way, nothing I say on this website as "user" should be taken as either advertising for attorney services or legal advice, merely personal opinion. Everyone having a question regarding the application of law to the facts of their situation should seek the advice of an attorney competent in the subject matter of the issues presented and licensed to practice in the relevant state.

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    Regular Member OC for ME's Avatar
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    It is not about understanding the term infringed, it is about giving a crap about infringing.....politicians, in general, don't give a crap about infringing.
    "I would rather be exposed to the inconveniences attending too much liberty than to those attending too small a degree of it." - Thomas Jefferson.

    "Better that ten guilty persons escape, than that one innocent suffer" - English jurist William Blackstone.
    It is AFAIK original to me. Compromise is failure on the installment plan, particularly when dealing with so intractable an opponent as ignorance. - Nightmare

  5. #5
    Regular Member sudden valley gunner's Avatar
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    Quote Originally Posted by OC for ME View Post
    It is not about understanding the term infringed, it is about giving a crap about infringing.....politicians, in general, don't give a crap about infringing.
    +1 They rather like to ignore that very specifically used word.
    I am not anti Cop I am just pro Citizen.

    U.S. v. Minker, 350 US 179, at page 187
    "Because of what appears to be a lawful command on the surface, many citizens, because
    of their respect for what only appears to be a law, are cunningly coerced into waiving their
    rights, due to ignorance." (Paraphrased)

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