You can be on private property and still in a public place. From what I understand (from a lecture in an undergrad law course about ten years ago), it comes down to the fictitious "reasonable person". . .
It probably parallels being naked in your house. If you have no blinds or curtains and stand proudly in your birthday suit in the front window as pedestrians pass by on the sidewalk, you are at fault. If you have blinds and somebody is at your window trying to peer between the slats, they are at fault.
The guidelines were:
- Can a normal person from the public easily and readily see you without going out of their way or to an extreme length? If so, then you are at risk and need to take steps to block the view.
- If they have to climb a fence, lean around a wall, and use a periscope to see you, then you're probably fine.
INAL and others may offer more sage advice, but that's the rule of thumb that I use for open carrying.
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- by fickman
- Thu May 12, 2011 1:13 pm
- Forum: General Gun, Shooting & Equipment Discussion
- Topic: A hypothetical question
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