If you place your generator within your fenced yard, it becomes 'curtilage' meaning that it is a part of your house. Read his opinion here. Here is the money quote:
As a general rule of thumb -- if you're concerned whether you can display your firearm if you see someone who might be trying to steal it, and it is not already inside a fenced area -- perhaps the quick solution is to erect a temporary fence that attaches to the main dwelling house and surrounds the generator. It must be at least 3 feet high, but can be as simple as using chain or heavy rope between short posts -- as a temporary fence. You can even have an opening, although I think it legally smarter that any opening be closed when not attended. Even if you can step over it -- as long as it is at least 3 feet high -- it's within "curtilage". That way, any unlawful entry into the gated area is a "burglary" and a forcible felony, and display of a firearm and a verbal threat should be totally lawful.
If you live in Florida, owning and reading this book is a must.
No comments:
Post a Comment
Note: Only a member of this blog may post a comment.