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Old 08-09-2012, 00:07   #1
Ersatz0906
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Question regarding "residence" Gun law

“Residence” – refers to that place where the firearm and ammunition is being permanently kept. It includes the office or house where it is kept and premises of the house enclosed by walls and gates separating said premises from adjacent properties. For firearms covered by a Regular License or Special Permit their residence shall be hat specified in the license or permit; and those covered by a Certificate of Registration or a Memorandum Receipt their residence in the office/station to which the grantee belongs.

So what if you have a farm more or less 100hectares you cannot put up fence, is it still under the residence area?
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Old 08-09-2012, 02:41   #2
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My two cents only - If there is no fence, it would be difficult to justify you carrying your firearm with you. Other persons can wonder within your property without knowing that it is private land, even LEO's will not know.
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Old 08-09-2012, 06:18   #3
Ersatz0906
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True but my question is, is it allowed to bring your FA? Your not shooting naman people that crosses your land. I mean yes its a better option to apply for PTCFOR. But just curious if its still allowed (assuming police or barangay official knows that its your land)

Because our farm house has no fence, you can walk 2,6 or hundred meters from our house and you will not encounter any fences... Its still your premises right?
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Old 08-09-2012, 07:08   #4
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Your firearm will only be allowed inside your residence/house inside your farm.
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Old 08-09-2012, 15:17   #5
horge
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IANAL, but...

Someone breaking into YOUR HOUSE is clearer indication that they
intend to do you grave bodily harm, than if they only jumped your
fence into your garden (it could be argued they only intended to,
say, steal your crabgrass, which might seem strange,and an affront
to your crabgrass-property rights, but isn't legal grounds for you to
shoot them).

It's worse when you don't have a fence. It can be argued an intruder
was unaware they'd trespassed (as ag describes it above), then were
suddenly threatened by an armed stranger, in reponse to which they
defended themselves w/ deadly force: you're dead, they go scot-free.

I'll note that a firearms license ('FL') uses the term 'residence', which
can be interpreted to only include the actual structure of your house,
and not the land it sits upon. Law enforcement tends to think in such a
way, IMO, but the courts do not. At least, the courts can seem to
avoid making a hard rule for such a messy context (think high-rise
condo unit, and the fine print of the title thereto, for example).

With respect to farms:
Topacio (2003) cited People vs. Apolinar CA, 38 OG 2870, wherein a
farmowner was patrolling his farm armed with a shotgun and killed an
intruder. The farmowner was judged not to be protected by his FL,
and convicted. However, he was convicted because the victim was
shot while fleeing and thus not threatening the farmowner with any
physical harm (the intruder was merely stealing a bundle of palay).

The court did NOT fault the farmowner for carrying his gun on his land,
outside the structure of his home. it was wrt the requirement for
jusitifiable self-defense w/ a firearm that the farmer had failed, not in
any stipulation that his FL only allowed use within his 'residence'.

Bottom line:
A good fence and a good lawyer are good investments.
When training to use your firearm, be careful how "tactical" or "sport"
contexts can condition your mindset for IRL situations.



JM2, YMMV.
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Last edited by horge; 08-09-2012 at 22:08..
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Old 08-09-2012, 17:38   #6
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Ang mahal ng fence kung hectares, and scrap buyers will steal your barbed wire
Kung may puno sa boundary ng property, put up signs that this is private property, no trespassing
Take a picture of these signs preferably kita yung property in the background
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Old 08-09-2012, 22:02   #7
horge
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Quote:
Originally Posted by Allegra View Post
Ang mahal ng fence kung hectares, and scrap buyers will steal your barbed wire
Kung may puno sa boundary ng property, put up signs that this is private property, no trespassing
Take a picture of these signs preferably kita yung property in the background
Siya nga naman. Tama si Fafa A.
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Old 08-09-2012, 22:17   #8
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Shooting a person is a total different story, even you have ptcfor you will still be convicted if you shoot a person fleeing.... Tama ba mga sir?

But if your just carrying it, is it illegal possesion? Like sir horge mention,
"The court HOWEVER did not fault the landowner for carrying his gun
on his land, outside the structure of his home. it was wrt the
requirement for jusitifiable self-defense w/ a firearm that the farmer
had failed, not in any stipulation that his FL only allowed use within residence"
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Old 08-09-2012, 22:25   #9
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Another problem regarding fences, 2barangay passes through our farmlands, they are using our private roads since my lolo times, so you just cant put fences and not stir people power hehe...and we have no intention in closing our roads (not yet anyway)
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Old 08-09-2012, 23:51   #10
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w/out signs or warnings, I'm thinking you'll get in trouble
Plus I have a feeling malapit na maging barangay road ang mga daan sa property nyo
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Old 08-10-2012, 05:41   #11
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Yep, mae-'eminent domain' ang portions of your property
presently used as informal roads. You'll be paid dirt cheap
by the LGU for what will turn into .gov road lots.

On the upside, the remaining portions of your property that
gain a roadside frontage may see increases in development
potential, milking road traffic for commerce. deoends on your
precise situation, though.
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Old 08-11-2012, 04:34   #12
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Its ok if LGU will take the roads, as long as sana they will cement it we have already donated some roads to the LGU in exchange that they will cement the roads and they did
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Old 08-14-2012, 04:44   #13
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request that the donated roads be named after your family.
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Old 08-17-2012, 18:01   #14
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Quote:
Originally Posted by PMMA97 View Post
request that the donated roads be named after your family.
After that, "Band of Glockers Rd." naman.
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Old 09-12-2012, 01:28   #15
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essence full thread
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Old 10-16-2012, 06:40   #16
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PNP starts crackdown on loose firearms ahead of 2013 elections



http://newsinfo.inquirer.net/290034/...2013-elections
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Old 10-16-2012, 06:47   #17
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What if I moved to a new house/residence should I have the license updated immediately or wait till it expires? I think mine expires next year March 2013.
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Old 11-02-2012, 07:53   #18
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Quote:
Originally Posted by norman9X View Post
What if I moved to a new house/residence should I have the license updated immediately or wait till it expires? I think mine expires next year March 2013.
Ideally, you should have it updated immediately. But if you are confident that it won't get you into trouble before March 2013, then you can wait til the renewal.
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