Retired Firefighter Shoots Neighbor, Claims Self Defense - Page 7

Brian Pfleuger · June 19, 2012, 10:05 PM

That's not the point. You do have the right to bring a firearm on someone's property without their consent to bring the weapon. Of course you don't have the right to be on their property without their consent. If they tell you to leave and you refuse, you're trespassing, but the weapon is irrelevant.

The statement was "name a state that allows you to carry without the owners consent". The answer to that is "virtually all of them do". You're not allowed to BE THERE without the owners consent but virtually no jurisdiction requires consent to carry a weapon on private property.

I carry a weapon on private property without the owners consent all the time. I'm allowed to be there but no one ever consented to the concealed weapon.

MLeake · June 19, 2012, 10:32 PM

My issue isn't with the fact that a guy who had a complaint was carrying a weapon. I normally carry, and if I were going to a neighbor's to ask them to keep the noise down a bit, I wouldn't disarm before going - unless I anticipated being asked to come in, join, and drink.

My issue isn't whether it's wrong to approach a neighbor about noise levels. It shouldn't be a big problem.

My issue isn't with going onto somebody else's property with the intention of talking with them. We all do that. Some of us routinely do that while carrying concealed. If the property is not posted, there is nothing wrong with going up and knocking on the door.

My issues with this case are not related to the gun, nor the request, nor the property. My issues with this case are with apparent intent, and actions in evidence, that show Rodriguez was not looking for a solution, but a confrontation. Going looking for a confrontation, particularly while armed, is a bad, bad idea.

**Frank Ettin** · June 19, 2012, 11:28 PM

Starting to get circular.

**Frank Ettin** · June 27, 2012, 10:12 PM

Just by way of follow up, it appears that Rodriguez was sentenced to 40 years in prison.

I've added this just to "complete the loop", but I see no reason to reopen the thread. If anyone thinks he can convince me to reopen the thread, he can try by PM.

June 19, 2012, 10:05 PM	#151
Brian Pfleuger Moderator Emeritus Join Date: June 25, 2008 Location: Austin, CO Posts: 19,578	That's not the point. You do have the right to bring a firearm on someone's property without their consent to bring the weapon. Of course you don't have the right to be on their property without their consent. If they tell you to leave and you refuse, you're trespassing, but the weapon is irrelevant. The statement was "name a state that allows you to carry without the owners consent". The answer to that is "virtually all of them do". You're not allowed to BE THERE without the owners consent but virtually no jurisdiction requires consent to carry a weapon on private property. I carry a weapon on private property without the owners consent all the time. I'm allowed to be there but no one ever consented to the concealed weapon. Last edited by Brian Pfleuger; June 19, 2012 at 11:01 PM.

June 19, 2012, 11:28 PM	#153
Frank Ettin Staff Join Date: November 23, 2005 Location: California - San Francisco Posts: 9,471	Starting to get circular. __________________ "It is long been a principle of ours that one is no more armed because he has possession of a firearm than he is a musician because he owns a piano. There is no point in having a gun if you are not capable of using it skillfully." -- Jeff Cooper

June 27, 2012, 10:12 PM	#154
Frank Ettin Staff Join Date: November 23, 2005 Location: California - San Francisco Posts: 9,471	Just by way of follow up, it appears that Rodriguez was sentenced to 40 years in prison. I've added this just to "complete the loop", but I see no reason to reopen the thread. If anyone thinks he can convince me to reopen the thread, he can try by PM. __________________ "It is long been a principle of ours that one is no more armed because he has possession of a firearm than he is a musician because he owns a piano. There is no point in having a gun if you are not capable of using it skillfully." -- Jeff Cooper

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June 19, 2012, 10:32 PM	#152
MLeake Senior Member Join Date: November 15, 2007 Location: Outside KC, MO Posts: 10,128	My issue isn't with the fact that a guy who had a complaint was carrying a weapon. I normally carry, and if I were going to a neighbor's to ask them to keep the noise down a bit, I wouldn't disarm before going - unless I anticipated being asked to come in, join, and drink. My issue isn't whether it's wrong to approach a neighbor about noise levels. It shouldn't be a big problem. My issue isn't with going onto somebody else's property with the intention of talking with them. We all do that. Some of us routinely do that while carrying concealed. If the property is not posted, there is nothing wrong with going up and knocking on the door. My issues with this case are not related to the gun, nor the request, nor the property. My issues with this case are with apparent intent, and actions in evidence, that show Rodriguez was not looking for a solution, but a confrontation. Going looking for a confrontation, particularly while armed, is a bad, bad idea.