Guns and entry to your house

Discussion in 'The Constitutional & RKBA Forum' started by walien, Sep 30, 2009.

  1. walien

    walien Former Guest

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    I have an interesting question around admitting someone to your house. I know there are people here with a strong grasp of the constitutional laws around gun ownership, so I thought I'd ask. Please, not thread craps as I have no agenda here except for having an interesting question asked.

    Let's say that someone who has a legally licensed (ie concealed carry) permit for a firearm. They are a friend and want to come to my house. What are my legal choices? Obviously, I am allowed to admit the person into my house. The big question is:

    Is it legal for me to conditionally admit the person to my house based on them not bringing their firearm? Would this violate their right to arms? Is my choice only to let them in or not let them in?

    This is not a real life situation, but I was just curious.

    Thanks a bunch.
  2. user

    user Active Member

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    It's a state-by-state issue. No constitution applies as between the homeowner and the friend (who in technical legal terminology is a "licensee", one permitted to enter).

    In Virginia, there's a statute that provides that a person in charge of real property (whether a landowner, manager, or tenant) may tell people they can't come on to the property (any part of it, not just the buildings) with firearms. If they do so in violation of that condition, then they're trespassers and may be arrested as such.

    Most folks don't have their friends arrested, they just ask 'em to leave the guns in the car.
  3. jim summers

    jim summers Active Member

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    I am no lawyer,but it is your home and as such you have the right to not have his gun in your home if you don't want it there. If you explain to him why and he is indeed a real friend he will respect your wishes and leave the gun home or in their vehicle.
  4. pinecone70

    pinecone70 Active Member

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    Out of respect for my friends that are scared of guns, I don't carry one into their homes. That's a personal choice, I suppose you can ban anyone from your own house, for any reason.
  5. johnlives4christ

    johnlives4christ Former Guest

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    you can limit any person and any thing that comes through your door, guns included.
    if one of my friends said the didnt want me to bring my gun into their house, for the reason they were anti gun i would probably stop being friends with that person.
  6. SaddleSarge

    SaddleSarge New Member

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    Bingo on both points.
  7. Hardballer

    Hardballer New Member

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    Yup!
  8. Teejay9

    Teejay9 New Member

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    It would be like if they brought their St. Bernard, covered in mud with them. You may love dogs, and you may like his in particular, but you don't necessarily want it in your house. You are within your rights to ask him to leave it outside. His rights ends at your nose, so you are not keeping him from the right to bear arms. He can, but not in your house. TJ
  9. Doc1911

    Doc1911 New Member

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    If I know you - you can carry in my house. If I don't - you won't.

    I carry everyplace I go. If my friends don't want me to carry in their home - I will meet them in their driveway way - but I am not going unarmed. (but I also do not advertise the fact that I carry to them - so what they don't know may save them one day ...)
  10. Nighthawk

    Nighthawk New Member

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    Amen
  11. dge479

    dge479 New Member

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    Its your house , you can admit or not admit who you want, and under what terms you seem fit. for now.
  12. topper

    topper New Member

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    It is simple for me, I do not invite anyone over to my place and do not let anyone have entry.
  13. Big ugly

    Big ugly New Member

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    I am not friends with those who are irresposible with guns. IfI ever see some one miss handleing a fire arm in my presence they are no longer welcom in my presence. I shure as hell dont want toget shot from some idiot.
  14. 45nut

    45nut Active Member

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    I carry everywhere I go and most of my friends know it. I don't have friends that are anti-gun. I don't tell my friends when I come into their house "I'm armed" because they already know it.

    I do have anti-gun family, but I don't pay much attention to them. I taught my liberal niece to shoot last summer and she really liked it. Her response was that it was more challenging than she thought it would be and it provoked her to think about shooting in a more positive light.

    My Sister's 3rd husband doesn't think we should have CHL or should be able to own ARs, Aks etc. "What sporting use do they have?" Well, they're fun to shoot at targets, at small game & predators and they kill bad people very well. Which is, as I understand it, their main purpose for existence.

    He owns some hand guns, but will probably be the gun owner that willingly turns them in when asked to by Fedzilla. I just hope he doesn't turn me in too. Oh well, that's why I have an AR & AK. :eek: :mad:
  15. mrkirker

    mrkirker New Member

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    Any friend is welcome in my home, armed or unarmed, as long as they behave responsibily. But then, I'm pretty choosy about who enters the hallowed halls of Malamar Manor, 'specially since I took the wheels off! (just kidding!)
  16. Popgunner

    Popgunner New Member

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    Most of my friends do carry & most are welcome in my house. I have two of my best friends-one who was best man at my wedding that I hunted & shot with alot that I have told never to come back to my house or call me.
    One was because of alchohol & one was because he was generaly acting dangerous around me & my family. The dangerous guy later built a homemade cannon that blew up & severed the leg of a neighbor boy of about ten. Being into guns is not a free pass into my house or for my friendship. I've found I have to be willing to choose my friends.
  17. johnlives4christ

    johnlives4christ Former Guest

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    just like doc said, "i will not go unarmed" this is pretty much my theory. the only time i do go unarmed is into the post office or other places that i respectfully obey the law. the local guy at the post office is into guns so i stop and chat with him about once a month or so.

    as far as other people bringing guns into my house. i have no problem with someone i know showing up with an arm full of guns or just one. loaded or not. if someone i didnt know showed up with a gun, and wasn't threatening me i would most likely talk to them on the porch, as i rarely invite someone i dont know inside the house. after a few minutes of talking to them i might would invite them in if i got a good feeling. and they could bring their gun. but i would tell them as Sam Elliot said in Conagher "if you feel luck, reach for it"
  18. Teejay9

    Teejay9 New Member

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    :D:D:D:D:DGood one!:p:p:p
  19. walien

    walien Former Guest

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    Thanks for everyone's input. I would have no problem with someone coming in with a concealed weapon provided that nobody around was drinking. My question was more hypothetical in nature. Have a great weekend.
  20. Michael Anderson

    Michael Anderson New Member

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    I have to agree with this comment. I also, think it would be a bit rude to walk into another person's home from my car, openly carrying my firearm, unless I had a prior agreement with that person. My close friends generally know that I carry, but I limit that knowledge to only those I trust. I do not drink alcohol or use illegal drugs, so I feel that my competency and safe handling of my firearm, in most cases, shouldn't be in question. :rolleyes:

    My close friends are welcome to enter my home carrying concealed, provided they are doing so legally. I would expect those same friends to let me know, if they knowingly bring someone whom I have never met into my home, that is carrying a firearm. I have young children, and this adds a different dimension to my comfort level, when other than close friends and/or family members carry in my home. :(
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