Fenced front yard is not Public area

[CCWInstructor]

Originally Posted by RedMongoosE

so would an apartment community that is 100% GATED with a special key code or opener needed to open the gate be private property?

interesting..

No. we already have a court case on that. Inside the gate is referred to the "common area".

[1923mack]

It is not just gun rights. If you have a dog and keep him on your private property, you are required to have him licensed. You cannot build a barn on your private property without permits from the governing agency. If you have water on your property vector control will trespass on your private property to spray toxic chemicals. You may not be able to park your big truck on your private property. We may not like it, and it may or may not be constitutional but they prescedents are there. Gun rights and many other right are being taken away.

[RedMongoosE]

Originally Posted by CCWInstructor

No. we already have a court case on that. Inside the gate is referred to the "common area".

Thank you Sir!

[LuckyDog]

Let me paraphrase your rant for you:

[quote=Truckoholic;161470]There is absolutely no reason whatsoever, that I should not be able to [have sex] right up to the edge of my property all the way around, whether there is a fence or not. My property, legal to [have sex] on MY property, therefore as long as I remain on MY property, legal to [have sex]. What the hell has this country come to? They control everywhere else we [have sex], and now we are letting them control where on our own property we can [have sex] too? Are we looking to have it defined that within your home, and within your fenced back yard it is okay, but NOT in your front yard? We can not allow this crap to happen![quote]

The issue is not whether you are on public or private property. The issue is what you can and can not do <b>in public view.</b>

[paul0660]

Lucky, BAD analogy, BAD dog.

[akulahawk]

Originally Posted by RedMongoosE

so would an apartment community that is 100% GATED with a special key code or opener needed to open the gate be private property?

interesting..

Originally Posted by CCWInstructor

No. we already have a court case on that. Inside the gate is referred to the "common area".

Inside your apartment or enclosed, exclusive use area (like a patio or porch) that only YOU have regular access to would be OK... That's not "Common Use" area. Anytime you're in such a "Common Area", it's considered the same as a Publicly Accessible area, much like the unfenced/ungated front yard area of most regular homes, and even though that area is exclusive to the public at large, it's still open to all the residents (and their guests) that can enter the outside gate.

[Aurelius]

In my view, the place where the courts have gone astray is in equating an area "accessible to the public" with an area "open for common or public use." You can walk right up to my front door, sure, in fact my whole front yard is unfenced. But that does not mean that the public has a right to "use" my property, for example, by deciding to have a picnic there or by parking in my driveway. If I have the right to evict you, it is not a public area.
There decisions, IMO, conflict with long established US Supreme Court authority that the curtilage around a house, although "accessible" is a private place intimately associated with the home. A police officer cannot enter the curtilage without probable cause, and I quite frankly think that an officer cannot even do a "pat down" search for officer safety under the "Reasonable suspicion" test.

[SierraNevadaCCW]

Before I fenced my entire property and put automatic gates in the front, I had everyone under the sun coming over; vacuum salesmen, bake sale kids, people looking for directions, prowlers at night, etc. Now, I have no one coming in as this is secured private property and stupid as it is - fencing and gates send that clear message to people....most people. Some will try to push through the gates, but they automatically lock. I have bull skull heads on the front with big horns. Sometimes those people get, "BULL POKED".