Saturday, September 16, 2017

Looting, display of a firearm, and curtilage: the law

If you have a generator outside during a power outage, how can you legally protect it? What law would allow you to point a firearm at a looter who is attempting to steal your stuff? In order to protect your survival equipment, it must be within 'curtilage' , according to Jon Gutmacher, the attorney who is the author of  FLORIDA FIREARMS Law, Use & Ownership

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. 

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