Carrying without conceal carry permit question.

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Carrying without conceal carry permit question.

Postby gs400ragtop » Fri Dec 13, 2013 12:12 am

Am I correct in my interpretation of this RI Statute to mean that I am allowed to carry my pistol on me without a conceal carry permit on my own property?http://webserver.rilin.state.ri.us/Statutes/TITLE11/11-47/11-47-8.HTM
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Re: Carrying without conceal carry permit question.

Postby recruiter » Fri Dec 13, 2013 12:31 am

Yes. Just be sure of your property lines.
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Re: Carrying without conceal carry permit question.

Postby RLS » Fri Dec 13, 2013 12:52 am

openly or concealed or in your vehicles, tractor, bicycle, etc......

This being said, if neighbors can see you on your property and they are queasy, squeamish, or anti gun, I would fully expect the police would be notified. Not something that would keep me from doing it, but just something to potentially be prepared to deal with.
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Re: Carrying without conceal carry permit question.

Postby tk421991 » Fri Dec 13, 2013 3:35 am

I would assume a place of business would also be an acceptable place to carry a pistol on one's person in a concealed manner without a permit in view of 11-47-10.

§ 11-47-10 License or permit not required to carry to target range. – No license or permit shall be required for the purpose of carrying or transporting any pistol or revolver from one's home or place of business to a bona fide target practice range, nor from a bona fide target practice range to one's home or place of business, to engage in any shoot meet, or practice, provided that the pistol or revolver is broken down, unloaded and carried as openly as circumstances will permit, or provided that the pistols or revolvers are unloaded and secured in a separate container suitable for the purpose.
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Re: Carrying without conceal carry permit question.

Postby n1bsbri » Fri Dec 13, 2013 4:05 am

tk421991 wrote:I would assume a place of business would also be an acceptable place to carry a pistol on one's person in a concealed manner without a permit in view of 11-47-10.

§ 11-47-10 License or permit not required to carry to target range. – No license or permit shall be required for the purpose of carrying or transporting any pistol or revolver from one's home or place of business to a bona fide target practice range, nor from a bona fide target practice range to one's home or place of business, to engage in any shoot meet, or practice, provided that the pistol or revolver is broken down, unloaded and carried as openly as circumstances will permit, or provided that the pistols or revolvers are unloaded and secured in a separate container suitable for the purpose.

I'm going with 11-47-8 which nails it exactly.

§ 11-47-8 License or permit required for carrying pistol – Possession of machine gun. –
(a) No person shall, without a license or permit, issued as provided in §§ 11-47-11, 11-47-12 and 11-47-18, carry a pistol or revolver in any vehicle or conveyance or on or about his or her person whether visible or concealed, except in his or her dwelling house or place of business or on land possessed by him or her or as provided in §§ 11-47-9 and 11-47-10. ...
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Re: Carrying without conceal carry permit question.

Postby gs400ragtop » Fri Dec 13, 2013 12:07 pm

http://thelawdictionary.org/possession/

How would this apply to a tenant of my property? I assume this hinges on the definition of " land possesed by him".
I have looked up the legal definition of "possession" as defined in Blacks Law dictionary and believe that he would be in possession of my property as a tenant. Would I have to incude special wording in his lease? I want to make sure we are covered.
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Re: Carrying without conceal carry permit question.

Postby tk421991 » Fri Dec 13, 2013 12:26 pm

gs400ragtop wrote:http://thelawdictionary.org/possession/

How would this apply to a tenant of my property? I assume this hinges on the definition of " land possesed by him".
I have looked up the legal definition of "possession" as defined in Blacks Law dictionary and believe that he would be in possession of my property as a tenant. Would I have to incude special wording in his lease? I want to make sure we are covered.


Do you mean you carrying on your property that you rent out, or your tenant carrying on the property you rent to him? I think the tenant would be covered under 11-47-8 and 11-47-10, since it is his "dwelling house". Most landlords or guys who collect rent get carry permits, and I often hear that it's used for a "need" in applications. Presumably, unless your rental property is right next to your house, you would have to travel to the rental property.

Yes, tenants are in possession of your rental property when you rent a piece of property out. There's three parts to property rights; use and enjoyment, possession, and alienation. Possession is exerting control over something, like for example a parking valet has possession of a car he's parking. The valet doesn't have the right to use and enjoyment, and he doesn't have the right to alienate (sell/gift/put the car in his will) the car.
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Re: Carrying without conceal carry permit question.

Postby RLS » Fri Dec 13, 2013 1:25 pm

There was a case a few years ago where an ProJo employee had a firearm in his backpack in the lunch room and it was discovered as other employeed went through his bag for unknown reasons. He was arrested, and I wondered if he could use the defense of his business. Although not the owner, would a place of business apply to workers or just owners? I never followed up on the case.
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Re: Carrying without conceal carry permit question.

Postby newportri » Fri Dec 13, 2013 3:34 pm

April 24, 2012 12:48 pm By Amanda Milkovits PROVIDENCE, R.I. -- A janitor at the Providence Journal Building was arrested Monday night after a loaded .22-caliber pistol and box of ammunition were found in his backpack in a break room.

Paul Tremblay, 49, of 143 Hillcrest Ave., Providence, was arraigned Tuesday and remains held for lack of surety bail on a charge of illegally possessing a firearm. He is suspended with pay, pending an investigation, said Thomas McDonough, Journal human resources director.

Workers discovered the gun while cleaning a fourth-floor break room at 9 p.m., police said. The backpack fell off a refrigerator and hit the floor with a thud. A worker opened the bag, discovered the gun and notified a supervisor, McDonough said. Publisher Howard Sutton called the police.

Tremblay, who's worked at the Journal since 1985, was arrested in the Journal's basement gym. He told police he'd taken the gun to work before and had bought it legally. The Journal has a zero-tolerance policy on weapons.


http://news.providencejournal.com/break ... ploye.html

PROVIDENCE, R.I. -- A former janitor at The Providence Journal will not be criminally prosecuted for bringing a loaded .22-caliber pistol and ammunition to work last spring.
The attorney general's office decided not to proceed with the case against 50-year-old Paul Tremblay because the gun didn't work, said spokeswoman Amy Kempe.
State law says that a firearm must be operable or readily converted to fire in order to charge someone with carrying without a license, Kempe said. Tremblay, who'd worked at The Journal since 1985, was arrested April 23 after two other janitors cleaning a fourth-floor copy room found the gun and ammunition inside his backpack.
Tremblay was fired May 2 and won't get his job back. The Journal has a zero-tolerance policy on weapons.

http://news.providencejournal.com/breaking-news/2012/12/ag-drops-gun-case-against-janitor-who-brought-gun-to-journalready.xml
I have not seen anywhere in State Law where it says a firearm has to operable.. Maybe it was just the drop safety or some other safety that worked as designed... Many seems to think that guns go off on their own, so maybe they figured it was not operable because the safety worked as it should.
I wonder if there was a plea deal to drop the case to avoid bad publicity for Projo in return to write favorable on gun control... We already knew where the Projo stands on gun issues, so that deal would not have been necessary though.
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Re: Carrying without conceal carry permit question.

Postby newportri » Fri Dec 13, 2013 3:40 pm

April 24, 2012 12:48 pm By Amanda Milkovits PROVIDENCE, R.I. -- A janitor at the Providence Journal Building was arrested Monday night after a loaded .22-caliber pistol and box of ammunition were found in his backpack in a break room.

Paul Tremblay, 49, of 143 Hillcrest Ave., Providence, was arraigned Tuesday and remains held for lack of surety bail on a charge of illegally possessing a firearm. He is suspended with pay, pending an investigation, said Thomas McDonough, Journal human resources director.

Workers discovered the gun while cleaning a fourth-floor break room at 9 p.m., police said. The backpack fell off a refrigerator and hit the floor with a thud. A worker opened the bag, discovered the gun and notified a supervisor, McDonough said. Publisher Howard Sutton called the police.

Tremblay, who's worked at the Journal since 1985, was arrested in the Journal's basement gym. He told police he'd taken the gun to work before and had bought it legally. The Journal has a zero-tolerance policy on weapons.


http://news.providencejournal.com/break ... ploye.html

PROVIDENCE, R.I. -- A former janitor at The Providence Journal will not be criminally prosecuted for bringing a loaded .22-caliber pistol and ammunition to work last spring.
The attorney general's office decided not to proceed with the case against 50-year-old Paul Tremblay because the gun didn't work, said spokeswoman Amy Kempe.
State law says that a firearm must be operable or readily converted to fire in order to charge someone with carrying without a license, Kempe said. Tremblay, who'd worked at The Journal since 1985, was arrested April 23 after two other janitors cleaning a fourth-floor copy room found the gun and ammunition inside his backpack.
Tremblay was fired May 2 and won't get his job back. The Journal has a zero-tolerance policy on weapons.

http://news.providencejournal.com/breaking-news/2012/12/ag-drops-gun-case-against-janitor-who-brought-gun-to-journalready.xml
I have not seen anywhere in State Law where it says a firearm has to operable.. Maybe it was just the drop safety or some other safety that worked as designed... Many seems to think that guns go off on their own, so maybe they figured it was not operable because the safety worked as it should.
I wonder if there was a plea deal to drop the case to avoid bad publicity for Projo in return to write favorable on gun control... We already knew where the Projo stands on gun issues, so that deal would not have been necessary though.
....the right to keep and bear arms, shall not be infringed.
Check out our website here:
http://www.rifol.org/
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