carry on private property

[jojo200517]

Ok I have an interesting question I think and I have not been able to find the answer to it. I'm in SC by the way.

How far does carry WITHOUT a permit on your private owned property go? For instance all of the real estate property lines in my area at least go to the centerline of the road. However the roadways claim a right of way to the side of the pavement along with other utilities and such.

What I am asking is with regard to carry in my own yard with no permit how far can one go? Where does it become public property and no longer mine?

Obviously my property line goes to the middle of the roadway but its not like I own and maintain that section of asphalt and I sure can't dig it up all willy nilly so its not "really mine". But the state right-aways overlap so am I restricted when i'm mowing the grass near the ditch on their right a way for example?

 

[docnyt]

For practical purposes, I believe the roadway access to utilities and curb parking (such as for emergencies) supersedes your property lines. However I'm not a lawyer so you may want to ask one in your state.

The more interesting question is, why would it be an issue? Have you been hassled by an LEO or your neighbor while mowing your lawn on your own property?

 

[jojo200517]

I haven't been hassled by anyone but I have some brush clearing to do right along the side ditch where the state does a pathetic job of maintaining the right of way.

I'd like to have something on me if I have to dispatch a poisonous snake or something but at the same time I don't want to end up in jail of a deputy cruises by and notices me carrying my gun while working near the roadway, or panic some gun shy passerby and lead to a 911 call going something like "OMG theres a guy by the roadway with a gun".

(and for the love of all that is holy I know some of you guys love snakes but that IS NOT what this is about, the weapon could be used to ward off a mugging or anything else your imagination can dream up)

 

[docnyt]

Do you have a concealed carry permit? You may just have to carry concealed for those times just to avoid headaches.

 

[FIVETWOSEVEN]

Just carry concealed on your property if you're worried about it. I personally open carry and it hasn't been an issue.

 

[razorback2003]

I don't believe South Carolina is one of those strange states like New York requiring a license to possess a handgun on your own property or business. You should be able to carry your handgun anywhere on your property however you want, open or concealed. Now how far your property goes, I have no idea. Have you had a survey done or a map of your property? That should let you know where you can go. I know I can carry to the road without a license and I am in Tennessee. Once in the road, I am in public. I do have to sweep the sidewalk, and mow between the sidewalk and curb, but that is my property until I hit the curb/road.

 

[hermannr]

The way the property and county road right-of-way goes out here: example, one of the 5.0 acre parcels we own. It is 330'X660', however the property corner stakes are actually placed at 630' (the edge of the right-of-way) and the deed says 5.0 acres, even though we do not have the "rights" to that 30' X 330' strip of right-of-way, we are still taxed on the whole 5.0 acres. Is it ours? Well not really, as we cannot do what we want with it, but for purposes of building "set-back" (min 60') it counts as 30' of that 60' of required set-back. It is also makes up part of the 5.0 acre min for a rural short plat lot.

Now this is for our state (WA) and county (Okanogan). Look at your deed, or the subdivision plat map if you live in a subdivision. It will state how that 30' should be counted in the margin statements.

IMHO, stay on your house side of the sidewalk and whatever goes for your state as to personal property, will be where you are at, with no questions being asked.

Here we don't have a problem, I can carry where I want to, on my property, other private property with permission, or on common property. (county roads, forests, parks, game range,,etc)

 

[jojo200517]

1. Don't have a permit, thats why I asked about carrying without one.

2. In further consideration i'm not sure how effective my 1911 would be against things that slither and what not, and shot shells seems to be far short of reliable at cycling it. It sure doesn't hide well for me.

3. pump 12 gauge slung across your back don't conceal worth <deleted>, while effective weaponry it is, it may seem even more threatening and would almost 100% be noticed by anyone.

4. SC doesn't have any stupid laws requiring a permit to carry on private property that I know of, so at least we can avoid that, just not clear where my property ends and where "public property" begins in my state.


Prehaps I should just stick with this brush cutter disc I got for the weedwhacker for my roadside brush clearing and defense. I'm sure it'd be quiet effective even tho it does have a somewhat limited range.

 

[hermannr]

Jojo, snake shot is for revolvers, not autos. Find an old used Ruger blackhawk in 45 LC, you can shoot snake shot out of that all day and it will just keep on working..

 

[mgmorden]

What county are you in jojo? Reason I ask is that I work for a county level government in SC and I know for a fact that when we record plats and mark property boundaries it does NOT go to the centerline of the road. All privately owned parcels end at the right of way. If your county has a GIS mapping department they likely publish the property boundaries on their website. You can tell for sure that way.

Overall though, you're only good to carry openly on your own private property. The right-of-ways are outside of that. Don't do it. It's unfortunate, but realistically SC just isn't an open-carry friendly state.

If you REALLY wanted to push the boundaries though, every SC law I've ever checked explicitly states that blackpowder guns are NOT considered firearms. You'd probably be ok open carrying a cap n' ball revolver as its not legally a firearm. By the time you went through the trouble of buying one and such though, it'd be FAR easier to just get you CWP. It's $100-150 + a Saturday. Unless you're REALLY strapped for cash there's no good reason not to get your permit.

 

[Sam1911]

every SC law I've ever checked explicitly states that blackpowder guns are NOT considered firearms

It is always best to do more research on that kind of suggestion. A black-powder revolver may not be a "firearm" for the purposes of sales and possession laws, but may still be considered a "deadly weapon" as applied to the laws concerning going armed in public. I don't know how SC views this, but it is wise to double-check. Something need not be a firearm to be considered illegal to carry around.

 

[jojo200517]

To mgmorden, I am in cherokee county. I looked up the GIS maps and you are correct it does show boundaries off the side of the road. I'm curious as to when this practice started, as the old plats we have, from the mid 90's show it centerline the road and in fact when the property was surveyed that is where the markers were located to be by the surveying crew.

You did do a fantastic job at answering my basic question with this in informing me that the right of ways were in fact public and not part of my private property. Thank you.

Its the Saturday's off work that I never seem to be able to get to take the class. Most of them are booked well in advance and my schedule for working Saturday can change up to the last minute on Friday. It is quiet sad that we don't have open carry here in SC. We overall have good gun laws but some are quiet quirky, like the 12 inch overall limit for pistols to take CWP class. I never read where it applied to actually carrying it but I had 3 different CWP instructors tell me that there was a limit to use in the class.


To hermannar, I do have a .357 magnum but 6 inch barrel magnums are even harder to hide than 1911's. And to be honest the only thing I have ever shot with a shot shell out of it was paper and it made a nice doughnut shaped pattern.

As for the black powder, I do imagine I could call in sick and pay for the CWP class cheaper than I could get into black powder shooting. My luck I'd get to like it once I played with it much and it would get expensive. The only thing black powder I ever shot was a muzzle loading 10 gauge shotgun. It was a guys at the gun club and the thing I remember more than the huge poof of smoke was the noise that cannon made.

Either way if they continue my way I may get the brush clearing done for free thanks to the fine folks at the power company as I seen them cleaning right of ways nearby with a total beast of a brushcutter behind a huge tractor.

 

[mgmorden]

I'm curious as to when this practice started, as the old plats we have, from the mid 90's show it centerline the road and in fact when the property was surveyed that is where the markers were located to be by the surveying crew.

Not sure exactly when it started. I do know that we were doing it at least as far back as 2004.

It would be nice to see us get some improved laws regarding open carry, but realistically it's just not a popular political topic - even amongst the right wingers. Most push these days is for the concealed stuff. It splits the difference - we remain armed but without frightening the left wingers.

 

[Art Eatman]

Question answered.