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Thread: Private Property

  1. #1
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    This has nothing to do with open carry but I had a question about LEO encounters while on private property i.e., stores, malls, etc. I can't find the answer to this. Do we have to tell the police officer we are carrying?

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    chaneyd wrote:
    This has nothing to do with open carry but I had a question about LEO encounters while on private property i.e., stores, malls, etc. I can't find the answer to this. Do we have to tell the police officer we are carrying?
    If you have a CPL and are in CC mode, you must disclose "immediately" to the LEO if it's more than just casual conversation, i.e. a stop/detainment.

    See 28. 425f for disclosure requirements.

  3. #3
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    I understand that, but does private property count as well?

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    chaneyd wrote:
    I understand that, but does private property count as well?
    There is no private property exception to this rule.

    If you're carrying concealed under authority of a CPL, you must disclose.


    There is some conversation as to whether you must disclose on your own private property, since you technically don't need a CPL to carry concealed there, but the general consensus is that you're better off disclosing to avoid a costly lawsuit.

  5. #5
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    OK, thanks.

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    Regular Member FatboyCykes's Avatar
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    zigziggityzoo wrote:
    chaneyd wrote:
    I understand that, but does private property count as well?
    There is no private property exception to this rule.

    If you're carrying concealed under authority of a CPL, you must disclose.


    There is some conversation as to whether you must disclose on your own private property, since you technically don't need a CPL to carry concealed there, but the general consensus is that you're better off disclosing to avoid a costly lawsuit.
    Right, but if you're on YOUR private property, you are no longer carrying CC under the authority of your CPL yes?

  7. #7
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    FatboyCykes wrote:
    zigziggityzoo wrote:
    chaneyd wrote:
    I understand that, but does private property count as well?
    There is no private property exception to this rule.

    If you're carrying concealed under authority of a CPL, you must disclose.


    There is some conversation as to whether you must disclose on your own private property, since you technically don't need a CPL to carry concealed there, but the general consensus is that you're better off disclosing to avoid a costly lawsuit.
    Right, but if you're on YOUR private property, you are no longer carrying CC under the authority of your CPL yes?
    You may conceal on your private property you own, But I'm not sure that if you had a cpl how that would affect it. I'll look for the cite.

  8. #8
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    FatboyCykes wrote:
    zigziggityzoo wrote:
    chaneyd wrote:
    I understand that, but does private property count as well?
    There is no private property exception to this rule.

    If you're carrying concealed under authority of a CPL, you must disclose.


    There is some conversation as to whether you must disclose on your own private property, since you technically don't need a CPL to carry concealed there, but the general consensus is that you're better off disclosing to avoid a costly lawsuit.
    Right, but if you're on YOUR private property, you are no longer carrying CC under the authority of your CPL yes?
    IMO, you're correct. I know of no law that requires non-CPL holders to disclose while CC on/in their own property, business, other land they are in possession of.

    I think what Ziggy is saying is to disclose to avoid all the hassle that may come your way by a uninformed LEO.

  9. #9
    Regular Member FatboyCykes's Avatar
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    SpringerXDacp wrote:
    FatboyCykes wrote:
    zigziggityzoo wrote:
    chaneyd wrote:
    I understand that, but does private property count as well?
    There is no private property exception to this rule.

    If you're carrying concealed under authority of a CPL, you must disclose.


    There is some conversation as to whether you must disclose on your own private property, since you technically don't need a CPL to carry concealed there, but the general consensus is that you're better off disclosing to avoid a costly lawsuit.
    Right, but if you're on YOUR private property, you are no longer carrying CC under the authority of your CPL yes?
    IMO, you're correct. I know of no law that requires non-CPL holders to disclose while CC on/in their own property, business, other land they are in possession of.

    I think what Ziggy is saying is to disclose to avoid all the hassle that may come your way by a uninformed LEO.
    And I don't necessarily disagree. However, there are those who might look at that the same as talking to a LEO too much, giving up freedoms/rights that they don't have to. I dunno, thinking/typing out loud.

  10. #10
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    FatboyCykes wrote:
    zigziggityzoo wrote:
    chaneyd wrote:
    I understand that, but does private property count as well?
    There is no private property exception to this rule.

    If you're carrying concealed under authority of a CPL, you must disclose.


    There is some conversation as to whether you must disclose on your own private property, since you technically don't need a CPL to carry concealed there, but the general consensus is that you're better off disclosing to avoid a costly lawsuit.
    Right, but if you're on YOUR private property, you are no longer carrying CC under the authority of your CPL yes?¬*
    The CPL law basically says if you're carrying concealed, you must disclose.

    There's no exception to it.

    So technically, failure to disclose, even on your own private property, could net you an infraction.

    An attorney would argue that you weren't carrying under authority of your CPL, and the Prosecutor would argue that the CPL statute doesn't take that into account, thus it doesn't matter - you should disclose.

    What I'm saying to you is that you should disclose so you don't have to find out if you're right or wrong. You gave up that part of your right to privacy when you got the privilege of carrying concealed, and those are waters I'm not testing.

  11. #11
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    A person is not CCW under the following
    In His House
    At His Place of Business
    On Land He Owns

    Therefore no CPL is required by law there for it is not enforceable, with or with out a CPL. Same logic goes with the CPL instructors telling people that because their now CPL holders they must conceal carry. The License does not negate the State law on Private Property rule...

    Private property over rules all State law on Possession! It is on the front of the MOC tri-fold brochure lol



  12. #12
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    zigziggityzoo wrote:
    FatboyCykes wrote:
    zigziggityzoo wrote:
    chaneyd wrote:
    I understand that, but does private property count as well?
    There is no private property exception to this rule.

    If you're carrying concealed under authority of a CPL, you must disclose.


    There is some conversation as to whether you must disclose on your own private property, since you technically don't need a CPL to carry concealed there, but the general consensus is that you're better off disclosing to avoid a costly lawsuit.
    Right, but if you're on YOUR private property, you are no longer carrying CC under the authority of your CPL yes?¬*
    The CPL law basically says if you're carrying concealed, you must disclose.

    There's no exception to it.

    So technically, failure to disclose, even on your own private property, could net you an infraction.

    An attorney would argue that you weren't carrying under authority of your CPL, and the Prosecutor would argue that the CPL statute doesn't take that into account, thus it doesn't matter - you should disclose.

    What I'm saying to you is that you should disclose so you don't have to find out if you're right or wrong. You gave up that part of your right to privacy when you got the privilege of carrying concealed, and those are waters I'm not testing.

    Or you can make your life easier and open carry and throw out that disclosure crap.

  13. #13
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    conservative85 wrote:
    A person is not CCW under the following
    In His House
    At His Place of Buisness
    On Land He Owns

    Therefore no CPL is required by law there for it is not enforceable, with or with out a CPL. Same logic goes with the CPL instructors telling people that because their now CPL holders they must conceal carry. The License does not negate the State law on Private Property rule...

    Private property over rules all State law on Possesion! It is on the front of the MOC tri-fold brochure lol

    Doet! Not This Again! Mikes gonna flip when he see's this!

  14. #14
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    CrossPistols wrote:
    conservative85 wrote:
    A person is not CCW under the following
    In His House
    At His Place of Buisness
    On Land He Owns

    Therefore no CPL is required by law there for it is not enforceable, with or with out¬* a CPL.¬* Same logic goes with the CPL instructors telling people that because their now CPL holders they must conceal carry.¬* The License does not negate the State law on Private Property rule...

    Private property over rules all State law on Possesion! It is on the front of the MOC tri-fold brochure lol

    Doet! Not This Again!¬* Mikes gonna flip when he see's this!
    LOL just dont go around touting the constitution is null and void to private property rights and we'll be just fine. We can leave that one to the parking lot bill thread. :celebrate

  15. #15
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    (Polite voice)...I never said The Constitution is Null & Void to Private Property Rights. (notice no exclamation mark).



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