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Question regarding "residence" Gun law

Discussion in 'Band of Glockers' started by Ersatz0906, Aug 9, 2012.


  1. Ersatz0906

    Ersatz0906
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    “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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  2. jimbullet

    jimbullet
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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.
     

  3. Ersatz0906

    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?
     
  4. asian_glockster

    asian_glockster
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    Hook Up!!!!!!!!

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    Your firearm will only be allowed inside your residence/house inside your farm.
     
  5. horge

    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.
     
    #5 horge, Aug 9, 2012
    Last edited: Aug 10, 2012
  6. Allegra

    Allegra
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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
     
  7. horge

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    Siya nga naman. Tama si Fafa A.
    :wavey:
     
  8. Ersatz0906

    Ersatz0906
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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"
     
  9. Ersatz0906

    Ersatz0906
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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)
     
  10. Allegra

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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
     
  11. horge

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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.
     
  12. Ersatz0906

    Ersatz0906
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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 :)
     
  13. PMMA97

    PMMA97
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    MNSAmessdetail

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    request that the donated roads be named after your family. :)
     
  14. horge

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    After that, "Band of Glockers Rd." naman.
    :supergrin:
     
  15. bmag

    bmag
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    essence full thread
     
    #15 bmag, Sep 12, 2012
    Last edited: Sep 12, 2012
  16. norman9X

    norman9X
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  17. norman9X

    norman9X
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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.
     
  18. egoy

    egoy
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    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.