Shoot wife's cell phone, become a convict :-)

[The Heretic]

double post - sorry

forum s/w needs a "nuke" option

 

[GrpCapMandrake]

I see. Thanks for the explanation.

 

[Spooler41]

Seems that the property line that bounds your property should make all area within
the" place of residence" . I carry in my 1.75 acre yard, with expection of imunity. I
make no distintion between my stand alone garage, my green house, tractor shead
or the house I live in.

................................Jack

 

[The Heretic]

http://en.wikipedia.org/wiki/Curtilage

 

[GunRightsCoalition]

I would advise against using Wikipedia as a source for any definition used in law documents. First see if it is already defined and then if not I would go to Black's Law Dictionary as the courts usually accept it when words are not already defined. Since the Oregon law specifies residence and it apparently isn't defined (I have not researched to find out so don't quote me on that) then I would look at Black's Law next.
http://thelawdictionary.org/residence/
Now there is actually a portion of the definition there that would not only cover curtilage but would include all land with which you pay taxes however the catch is that it references New York Code of Procedure for the definition and therefore might not be applicable.
"As they are used in the New York Code of Procedure, the terms "residence" and "resident" mean legal residence; and legal residence is the place of a man's fixed habitation, where his political rights are to be exercised, and where he is liable to taxation."
It does however open up the definition to wider interpretation so an argument might be made on that basis. Case law suggests that you need not pay the taxes directly as would be the case with a rental or lease.
Washington uses the term Abode instead of the word residence (Re. Black's Law "a term given to a person's legal residence") I'm not sure how you would work curtilage into it unless you first determine that residence is not sufficiently defined.
http://thelawdictionary.org/curtilage/

 

[The Heretic]

I would never suggest that a person use *anything* on the internet to make a decision regarding whether a law applies to a particular situation - if for no other reason than how courts define a particular word is not uncommonly quite different than how common logic would define that word.

Take for instance the word "firearm"; how the BATF defines that word can mean anything from a rubber band to a few trigger parts to just about anything they want.

Another reason would be the jurisdiction and procedures of different courts, including the difference between municipal, state, federal and even different federal district courts.

No, the wikipedia link was just a place to start, and I certainly would strongly recommend that any person consult a local lawyer experienced in the subject matter before relying on such information.

But thank you for the different and possibly more relevant links - although, by that one definition you mentioned, a person would perhaps only have one "residence" since they can only vote with one address, whereas any given person may actually have multiple residences with regards to a given place they occupy and therefore multiple residences where it legal for them to carry concealed, but not to vote from.

I.E., context is everything.

 

[GunRightsCoalition]

For residence it seems clear that in most of the places it is defined it isn't limited to a single residence but in essence it is correct in that it is not so simple as any one source. Its really a shame as the law is so complicated now that it is impossible for us to know what laws we are or are not breaking as we go about our daily lives. Even in view of this the courts will not accept ignorance as an excuse.

 

[dejure]

As long as you are going down these roads, look up curtilage. There are numerous cases in which the observations of a cop were tossed because he had to enter on to the property of the individual to observe the illegal act. A sidewalk could be curtilage, but not the street.

The distant outhouse does open the door for novel and potentially successful arguments.

 

[GunRightsCoalition]

As long as you are going down these roads, look up curtilage. There are numerous cases in which the observations of a cop were tossed because he had to enter on to the property of the individual to observe the illegal act. A sidewalk could be curtilage, but not the street.

The distant outhouse does open the door for novel and potentially successful arguments.

Link to it above.

Now I gotta point it out. Cool handle you chose. Now I wonder how many people here know the difference between de-facto and de-jure?

 

[dejure]

Thanks for pointing out the link. I blew through too many pages too fast. Guess that's what happens when you're five minutes late for the show.

Yeah, I needed a name for my first email account around 92 and that one popped out of Black's Fourth.

 

[Bazooka Joe]

Interesting in the State vs. Wolf case I wonder if that "place of daily living activities" could include the path from the campsite to the campground outhouse?

I would think these would count as communal living areas, much like the recent Doe vs Wilmington Housing Authority case where the court said, "The common areas are effectively part of the residences." Of course, that was only the Delaware Supreme Court and discussing their own state constitution, but still...