wylde007
Regular Member
imported post
TFred wrote:
You might as well argue that a man standing below the bottom step of his front porch is no longer within the curtilage of his own home, yet I guarantee you there is no mention of the word "curtilage" in his deed. Would he be within his rights to carry concealed without a permit? Absolutely.
Mr. CFR has an undivided interest as a tenant in the common areas of the private property which should (yes, now I'm saying "should" since I keep getting naysayed) afford him all rights and privileges thereto as if he were an individual homeowner.
TFred wrote:
Curtilage is the area of land occupied by its dwelling and outbuildings either actually enclosed or considered as enclosed (read: private).The sections of code you cite do not use the word curtilage, so I don't understand how you can conclude that they have any bearing on the CHP law's use of the word.
The Common Area of an apartment or condominium meets the minimum of this definition EASILY under http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+55-79.55There isn't anything in that section to support that it does.
You might as well argue that a man standing below the bottom step of his front porch is no longer within the curtilage of his own home, yet I guarantee you there is no mention of the word "curtilage" in his deed. Would he be within his rights to carry concealed without a permit? Absolutely.
Mr. CFR has an undivided interest as a tenant in the common areas of the private property which should (yes, now I'm saying "should" since I keep getting naysayed) afford him all rights and privileges thereto as if he were an individual homeowner.