CC On Private (my) Property Question

jrumann59 · Jul 22, 2017

public sidewalks are usually on easements but its your property to the curb. even the grass to the curb from the sidewalk is probably an easement.

Bob A · Jul 22, 2017

Your "property" is yours only if you can defend it against the depredations of mortgage-holders, tax collectors, government officials who would like to grab your assets by forfeiture without due process (see A G Sessions on the topic), and the taking of property by eminent domain, if the government thinks it can find a more profitable taxation schedule than what you're paying already.

New York is already snatching firearms from the heirs of deceased gun owners. Watch that spread to the bi-coastal megapolis.

Ultimately, a lot of people find themselves leaving town with only what they can carry. Remember the Holocaust, and never think that it can't happen here.

swinokur · Jul 23, 2017

None of the snowflakes here will set foot on your property if they know you are armed.

Guns are scary to the uneducated members of the proleteriat who live here.

good luck

eurocarnut · Jul 23, 2017

I don't really know what you would do with a gun during a yard sale. You will go to jail if you shoot someone for stealing your property in this state. If you pull it out in hopes of intimidating someone you are going to jail for at least assault. An assault conviction, misdemeanor or not, will cause you to lose your ability to own a gun.

If you're that worried I'd set up a security camera. Call the cops if someone steals something and give them their mugshot.

God forbid you were to have an accidental discharge while handling your weapon at this yard sale..

Art3 · Jul 23, 2017

secretsquirrel35 said:
I don't really know what you would do with a gun during a yard sale. You will go to jail if you shoot someone for stealing your property in this state. If you pull it out in hopes of intimidating someone you are going to jail for at least assault. An assault conviction, misdemeanor or not, will cause you to lose your ability to own a gun.

If you're that worried I'd set up a security camera. Call the cops if someone steals something and give them their mugshot.

^^All of this :thumbsup:

Or just don't have a yard sale....

Also, I suspect that overtly inviting the public onto your property for the yard sale may change some of the rules about your "private" property.

danb · Jul 23, 2017

secretsquirrel35 said:
I don't really know what you would do with a gun during a yard sale. You will go to jail if you shoot someone for stealing your property in this state. If you pull it out in hopes of intimidating someone you are going to jail for at least assault. An assault conviction, misdemeanor or not, will cause you to lose your ability to own a gun.

If you're that worried I'd set up a security camera. Call the cops if someone steals something and give them their mugshot.

God forbid you were to have an accidental discharge while handling your weapon at this yard sale..

All true, but odds are if they try to rob you they wont ask nicely. They will try to use force of some kind.

Personally I doubt someone would try something during a yard sale. Witnesses and all.

On the other hand, when I've sold things on Craigslist, lets just say my property is a safe space. :innocent0

kolohekanaka · Jul 23, 2017

Residential open-carry in Howard County

I called Howard County police department to find out if I could legally open-carry on my own residential property while doing yard work or while cleaning my firearms on my deck. I explained that someone had reported being shot in our neighborhood and that I wanted to be able to shoot back if someone took a shot at me. I was expecting a simple yes or no. But instead I was told that I should consult a lawyer for answers. Any lawyers out there?

redeemed.man · Jul 23, 2017

kolohekanaka said:
I called Howard County police department to find out if I could legally open-carry on my own residential property while doing yard work or while cleaning my firearms on my deck. I explained that someone had reported being shot in our neighborhood and that I wanted to be able to shoot back if someone took a shot at me. I was expecting a simple yes or no. But instead I was told that I should consult a lawyer for answers. Any lawyers out there?

Great first post.

No one will give you free legal advice on this forum, not even the attorneys. I'd suggest you hire a lawyer like the nice police employee suggested. A Google search may do wonders as well. The section of Maryland law you are asking about is very easy to find.

In the meantime you may want to go to the introductions section and introduce yourself.

danb · Jul 23, 2017

Narcotics were involved in that HoCo shooting.

Unlikely they would be shooting at you unless you have the missing kilo.

Hence the need to consult an attorney. You also have the right to remain silent....

ras_oscar · Jul 23, 2017

AlanInSilverSpring said:
Considering the opinions I got regarding open carry of a rifle I think I'll leave that to someone with more money and time than I have. And seeing as I live on a major road 1/2 mile from a station it wouldn't take long before I'd be having a chat with the local leo's. I've seen 5-8 squad cars show up for just a traffic accident so I can't even imagine what they'd do for a "man with a gun" call.

Now if people wanted to come over and have a gun cleaning get together in my front yard that might be interesting.........
"15 guys with guns", they'd probably shut down the city.

Or be pre-emptive. Call the local Leos, tell them you are having a yard sale and intend to do so on your property armed. If you're lucky they will announce it at morning roll call and educate the young officers with less experience. You might even get a few more customers. Anything to assist in reducing nuisance calls to the station is a good thing as far as I can tell.

AlanInSilverSpring · Jul 23, 2017

ras_oscar said:
Or be pre-emptive. Call the local Leos, tell them you are having a yard sale and intend to do so on your property armed. If you're lucky they will announce it at morning roll call and educate the young officers with less experience. You might even get a few more customers. Anything to assist in reducing nuisance calls to the station is a good thing as far as I can tell.

Stoveman · Jul 23, 2017

ras_oscar said:
Or be pre-emptive. Call the local Leos, tell them you are having a yard sale and intend to do so on your property armed. If you're lucky they will announce it at morning roll call and educate the young officers with less experience. You might even get a few more customers. Anything to assist in reducing nuisance calls to the station is a good thing as far as I can tell.

No offense, but why on earth would you call the police to inform them that you are about to do something that is completely legal and, if done right, out of the public view?

AlanInSilverSpring · Jul 23, 2017

Stoveman said:
No offense, but why on earth would you call the police to inform them that you are about to do something that is completely legal and, if done right, out of the public view?

free advertising ?

seriously though, you're correct, if done properly there would be no nuisance calls. Maybe a good idea if you decided on OC ?

Stoveman · Jul 23, 2017

AlanInSilverSpring said:
free advertising ?

seriously though, you're correct, if done properly there would be no nuisance calls. Maybe a good idea if you decided on OC ?

Would you call the police if you were planning on reading the Koran on your front yard? How about before you read a newspaper or go to church?

Carry how and if you wish and let it be nobody's business but your own. I'm betting that your yard sale will be a success and you will have no issues, but in case someone goes postal you will have an insurance policy available to you.

I wish you well.

danb · Jul 23, 2017

Regardless of whether you inform them or not, they are going to repond to "dangeous man with gun" call. Every time.

Plus, local law enforcement are not uniformly versed in gun laws. Just exercise your right to remain silent.

I think its a hugely bad idea. Calling them only males them think you dont think its legal (people do not call in advance about legal activity). They might decide you are selling major valuables (otherwise why carry) and park in front of your house to watch the show.

AlanInSilverSpring · Jul 24, 2017

danb said:
Regardless of whether you inform them or not, they are going to repond to "dangeous man with gun" call. Every time.

Plus, local law enforcement are not uniformly versed in gun laws. Just exercise your right to remain silent.

I think its a hugely bad idea. Calling them only males them think you dont think its legal (people do not call in advance about legal activity). They might decide you are selling major valuables (otherwise why carry) and park in front of your house to watch the show.

Never had a problem with LEO's stopping at my yard sales and wouldn't have a problem with a cruiser parked in front of my house.

Unfortunately you don't have to have anything of great value to get robbed/shot. I was robbed by two guys with a sawed off shotgun and semi handgun when I worked at a High's store in my teens. They only got +/- $100 and the detectives were concerned about them coming back because "they got so much money". The stories you hear about people getting shot because you have so little and the robber gets pissed is what scares me the most.

Blaster229 · Jul 24, 2017

Every time I see a yard sale now, I'm going to wonder if the person is carrying.

lazarus · Jul 24, 2017

Stoveman said:
Would you call the police if you were planning on reading the Koran on your front yard? How about before you read a newspaper or go to church?

Carry how and if you wish and let it be nobody's business but your own. I'm betting that your yard sale will be a success and you will have no issues, but in case someone goes postal you will have an insurance policy available to you.

I wish you well.

I mean, I probably would if there had been a lot of violence against muslims in the area, or newspaper burnings or church bombings or something.

Minuteman · Jul 24, 2017

jrumann59 said:
public sidewalks are usually on easements but its your property to the curb. even the grass to the curb from the sidewalk is probably an easement.

Yep.

lazarus said:
On your own property yes, just don't step a foot off your property with it, even to a neighbor who is fine with your carrying a handgun on their property.

Also reminder, in Maryland you can't shoot someone to defend your property, only your life or someone else's life. So you could draw on someone stealing your stuff, but the best you can do is look really scary with a loaded gun unless they were obviously about to attack you or pulled some kind of weapon on you.

Yep. Sometimes there might be some detail or technical issue that could change this but in a word, I agree, and believe you (OP) asked us about this in person yesterday, I didn't know these yardsale details. Generally I recommend concealed carry over open carry, and knowing you, that's probably a good idea.

Also (little disclaimer)- and I know you know this, but others will read this so - always good to consult an attorney, and nothing you read here constitutes legal advice, even if it's from an attorney unless you establish an agreement with them.

AlanInSilverSpring said:
Considering the opinions I got regarding open carry of a rifle I think I'll leave that to someone with more money and time than I have. And seeing as I live on a major road 1/2 mile from a station it wouldn't take long before I'd be having a chat with the local leo's. I've seen 5-8 squad cars show up for just a traffic accident so I can't even imagine what they'd do for a "man with a gun" call.

Now if people wanted to come over and have a gun cleaning get together in my front yard that might be interesting.........
"15 guys with guns", they'd probably shut down the city.

Another good idea, if that's an invitation, feel free to PM me the day/time and I'll see if we can make it, we like yard sales.

danb · Jul 24, 2017

AlanInSilverSpring said:
Never had a problem with LEO's stopping at my yard sales and wouldn't have a problem with a cruiser parked in front of my house.

Unfortunately you don't have to have anything of great value to get robbed/shot. I was robbed by two guys with a sawed off shotgun and semi handgun when I worked at a High's store in my teens. They only got +/- $100 and the detectives were concerned about them coming back because "they got so much money". The stories you hear about people getting shot because you have so little and the robber gets pissed is what scares me the most.

Neither do I have a problem. But those scenarios are all different than the one I described in a crucial way. Generally people do not call and ask permission for legal activities. And if you have to ask....

"Concealed" means just that. If you are going to announce it in advance, may as well lean a shotgun against the tree in the yard.

CC On Private (my) Property Question

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