imported post
amzbrady wrote:
Is your garage still considered your dwelling and or abode? If so how about if is dettached? If so what about your carport? If so what about your shed? RV? Van? Mailbox? Just wondering where your abode ends? What makes an abode and abode? Just a roof, a roof and walls, a roof and walls, and a floor, windows, a door? If I tarped my whole property and occasionally slept outside could I consider that my abode? Just wondering...
Your place of abode is in which your dwelling is, it can be your house, your RV if you are living in it, a hotel room.
The place of abode includes attached items as an attached porch or an attached garage as it is has an entrance into your home.
Your property as in your front/back yard is not your place of abode. The key wording here I believe is attached.
82 State v. Smith July 2003 118 Wn. App. 480 AGID, J. - James Smith appeals his conviction for unlawful display of a weapon in violation of RCW 9.41.270(1). The issue is whether Smith's display of a weapon in his backyard falls within the "place of abode" exception to the statute. RCW 9.41.270(3)(a). Smith's actions do not fall within the exception because a backyard is not "in" a person's place of abode. We therefore affirm.
35 Wn. App. 96, STATE v. HALEY [3] Weapons - Intimidation With Weapon - Abode Exception - What Constitutes - Deck. For purposes of the exception to the crime of intimidation with a weapon for acts committed while in the actor's place of abode (RCW 9.41.270(3)(a)), a deck attached to a dwelling constitutes a part of a place of abode. Court of Appeals: Holding that the deck was part of the juvenile's "place of abode" for purposes of the statutory exception to the definition of the crime, the court REVERSES the judgment.
This is dealing with RCW 9.41.270 do not confuse this with justifiable homicide as it deals with merely displaying a firearm in your place of abode. You step out the door and off the porch or step then it no longer applies and moves to the use of force in defending ones self. If there is no articulable threat of life or limb then one would be unlawful.
RCW 9.41.270 Weapons apparently capable of producing bodily harm — Unlawful carrying or handling — Penalty — Exceptions.
(1) It shall be unlawful for any person to carry, exhibit, display, or draw any firearm, dagger, sword, knife or other cutting or stabbing instrument, club, or any other weapon apparently capable of producing bodily harm, in a manner, under circumstances, and at a time and place that either manifests an intent to intimidate another or that warrants alarm for the safety of other persons.
(2) Any person violating the provisions of subsection (1) above shall be guilty of a gross misdemeanor. If any person is convicted of a violation of subsection (1) of this section, the person shall lose his or her concealed pistol license, if any. The court shall send notice of the revocation to the department of licensing, and the city, town, or county which issued the license.
(3) Subsection (1) of this section shall not apply to or affect the following:
(a) Any act committed by a person while in his or her place of abode or fixed place of business;
