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07/16/12, 12:28 AM
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Max
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Join Date: Oct 2005
Location: Near Traverse City Michigan
Posts: 6,560
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I never understood what people dont understadn about "if you dont own it, stay off it". THey may not know it is your land, but they sure know it isnt theirs. People have no respect for others' property
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07/16/12, 05:56 AM
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keeper of the bees
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Join Date: Apr 2005
Location: Michigan
Posts: 5,346
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We bought this property 28 years ago. Nothing around us then but farm fields. Then the old farmer decided to sell his farm in 10 acre plots as he could make mone that way.
Once those places were sold and home built we started having tress pass problems, we have the only woods on our road on the east side. Tresspassing was some theing they took for ganted since I worked the all night shift 12 hours a day 7 days a week so didn't spend much time in the woods. Once I retired I then had cause and reason to be in my woods.
I met most of my neighbours back there and told them they didn't belong and that it was the last time I would tell them. Ihad logging tool I had felt would be safe left in the woods comeup missing. I guess cant hooks and splitting wedges is some thing city folks think look nice on their walll.
So catch a fellow hunting there with a rifle in a shot gun zone. I inform him he is on private property and he becomes snotty and says he has lived there his whole life and hunted there too and ain't going to be ran off.
My education begain at that point.
I called the sherrif, one comes gives me 40 questions like is the property posted have I sent regestered letters to all the neighbors informing them my property is not public land and more.
So today I have sigintures of all my neighbours recieving regestered letters from me, 3 differrnt sizes and colored signs 5 feet apart down all my property lines and even two huge ones at the end of my drive way no tresspassing and all the speel of no hunting or fishing and all that legal stuff. To day I don't talk to tresspassers, I whip out the cell phone and call the sheriff, I describe the presons sex hgith, about weight what their wearing a nd if they see me and leave where they are heading. I've signed 7 tresspass complaint forms where the tresspasser pays a fine and court cost. One dude even went to court claiming he was looking for his dog (legal in Michigan) but he was convicted because he admitted he never made an attempt to get permission to look plus he was carring a gun.
Fences are nice but costly and some don't have the money to fence property. Best to send out the letters to the poperty owners and even cottage/cabin owners have a place to have tax due notices to, place the no tresspassing signs and keep the sheriffes office busy. It is also againest the law In Michigan to dig plants from the ditch along private property and state land. The fine starts at $200.00. Make them be caught and finesd and soon word gets out you don't put up with B/S.
 Al
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Garden View Apiaries. Where the view is as sweet as the honey.
A member of SEMBA & MBA.
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07/16/12, 09:46 AM
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Banned
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Join Date: Oct 2006
Posts: 12,448
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To stop trespassing and just about all crime the first thing you have to do is get the attention of the person committing it.
With some people it is just a little harder to get their attention.
Might have to use the same trick as some people do with mules.
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07/16/12, 10:18 AM
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Join Date: Dec 2007
Location: Western North Carolina
Posts: 3,102
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Oh dear! Lets not shoot anyone yet.
This morning my sons and I trespassed. A neighbor's tree fell in our main road in. People in our Cabin could not get out. So, we went up and cut the tree up, cleaned up the mess and we were trespassing most of the time we were working! Sometimes trespassing is OK and we know the neighbor (who is out of town) will be happy we cleaned it up for him.
Try some firecrackers. We have to South Carolina to buy those little ones that are all hooked together and make 10 or 12 pops at a time. I do not know what they are called but we keep a whole box of them. When we hear people (dogs barking) where they are not supposed to be or if we see the trucks at our lower gate, we just toss a few packs of the firecrackers out and that gets attention.
We use the firecrackers to run off the coyote too. And Hunters. We used to hear Hunters behind our barn and also on the next property (1,100 acres of unused land) but no one was supposed to be back there and the trails lead to our property. So - when we heard the trespassers, we would toss out the fire crackers.
We also used loud air horns. When we heard the Hunters and also the Go-Cart Rowdy-Girls, we would blast the air horn and toss out a few firecrackers.
We have not had hunters for a few years now and no more Go-Cart-Girls either. I think both the air horns and the firecrackers worked by getting attention and letting them know to go away.
We also made phone calls. The people did not like it but after a few calls, they stopped trespassing over here.
Good luck and stay safe.
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07/16/12, 10:19 AM
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Join Date: Dec 2007
Location: Western North Carolina
Posts: 3,102
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Oh dear! Lets not shoot anyone yet.
This morning my sons and I trespassed. A neighbor's tree fell in our main road in. People in our Cabin could not get out. So, we went up and cut the tree up, cleaned up the mess and we were trespassing most of the time we were working! Sometimes trespassing is OK and we know the neighbor (who is out of town) will be happy we cleaned it up for him.
Try some firecrackers. We have to South Carolina to buy those little ones that are all hooked together and make 10 or 12 pops at a time. I do not know what they are called but we keep a whole box of them. When we hear people (dogs barking) where they are not supposed to be or if we see the trucks at our lower gate, we just toss a few packs of the firecrackers out and that gets attention.
We use the firecrackers to run off the coyote too. And Hunters. We used to hear Hunters behind our barn and also on the next property (1,100 acres of unused land) but no one was supposed to be back there and the trails lead to our property. So - when we heard the trespassers, we would toss out the fire crackers.
We also used loud air horns. When we heard the Hunters and also the Go-Cart Rowdy-Girls, we would blast the air horn and toss out a few firecrackers.
We have not had hunters for a few years now and no more Go-Cart-Girls either. I think both the air horns and the firecrackers worked by getting attention and letting them know to go away.
We also made phone calls. The people did not like it but after a few calls, they stopped trespassing over here.
Good luck and stay safe.
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07/16/12, 12:09 PM
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Join Date: Jul 2006
Location: N E Washington State
Posts: 4,605
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If you are going to use fireworks to chase away trespasser's, be sure you don't start a fire. They might work in areas but in the west they start a lot of fires with fireworks. If you start a forest fire, a trespasser will be the least of your worries.
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07/16/12, 03:50 PM
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stranger than fiction
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Join Date: Nov 2005
Location: Eastern Ontario, Canada
Posts: 3,049
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Here in Canada, if you shoot a trespasser, you would be charged yourself with manslaughter or murder, depending on the circumstances.
I would be interested to know, though, if there are any legitimate news stories on someone really shooting another person for just trespassing, and they got away with it? Under today's laws, that is. I would be interested in reading that story...please post!
Having said that, I own 100 acres and I totally understand issues with trespassers. We've had hunters, people fishing in our pond, skating on our pond, driving up our driveway to access our atv trails (said trail is now off limits, thanks to a gate), ask to set minnow traps in our pond, and mess with our horses (ie, feed them, braid their manes, dump vegetable waste in their field).
Good fences (and gates), all with prominent NO TRESPASSING signs, make good neighbours. There's no "I didn't know I was trespassing" excuses when you have the signs, and you have a right to be angry if they ignore them.
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"The early bird may get the worm, but the second mouse gets the cheese in the trap."
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07/16/12, 04:11 PM
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Join Date: Nov 2008
Posts: 5,206
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For the OP, here is the compilation of all the Mighigan Laws that mention anything about firearms...... http://www.legislature.mi.gov/docume...s/firearms.pdf
Ir includes the definitions of trespass, but does not clearly define the word, "brandishing" a weapon.
The laws and comments from any other state are not applicable to your situation here in Michigan, and I would suggest consulting with a lawyer before you take too much pre-emptive action.
I live in a 'touristy' area of the state of Michigan, too--with golf carts aplenty---but not necessarily going through my property. I have more troubles with snowmobiles and quads here......... I feel for you...
geo
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07/16/12, 04:28 PM
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Uber Tuber
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Join Date: Feb 2008
Location: Southern Taxifornia
Posts: 6,287
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Here's California's definition of brandishing, and it doesn't include keeping it holstered when talking to your trespassers on your own lad. Brandishing a Weapon, Gun or Firearm | California Penal Code 417 PC
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I yam what I yam and that's all what I yam.
Popeye
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07/16/12, 04:57 PM
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Guest
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Join Date: Oct 2010
Posts: 2,043
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I am amazed at all of the posts that say the property must be posted. Here in CO it is not the land owners responsibility to post, it is on the person who is out in the country to know if it is private or not. They sell maps for every area so you know if you are on someones property or not. Happened to us once, when we forgot our maps. We were out just hiking with the kids when a guy pulled over and asked us what we were doing. Told him just out for a hike, and he matter a factly told us we were on his property, he was just headed down to meet the sheriff to deal with some other trespassers. We apologized and he directed us to BLM land.
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07/16/12, 05:52 PM
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Uber Tuber
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Join Date: Feb 2008
Location: Southern Taxifornia
Posts: 6,287
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Different states have different laws on posting your property.
Last year we had hunters on our land there with our permission. after all their planning and preparation, they were here in time to watch the sun rise. A bit later they heard a rustling sound in the bushes along the path. And what should appear?
Trespassers on mountain bikes! The leader of the merry band of trespassers started screaming at the hunters. "How dare you put up NO TRESPASSING signs in the national Forest!" "How dare you put fencing across a public road!" This is a major road!"
The "major road" has trees and boulders across it, and in places is only one foot wide. he had to pass at least 4 no trespassing signs, lift his bike over barbed wire fence and crawl through it himself.
Then, to intimidate the hunters, he said he was a volunteer with the Forest Service. That turned out to be true. He worked in the Forest Service office that sells maps, most of which have private property in white, with the Forest Service land in green. There is no way that he DIDN'T know he was trespassing! Copies of each of these maps are open under glass on the counter that he stands in front of all day, every day.I've been in that office many times, and I can see my property in white on all of those maps.
Not being satisfied with having chased off the bear the hunters were after, he then called the Sheriff, and tried to turn me in for fencing the property and posting it. The Sheriff explained that it was private property and we were within our rights to fence and post our property. Then he tried to turn in the hunters. It was archery season, but the jerk tried to accuse them of having guns. That was an outright lie.
Some trespassers are out to make life miserable for property owners, especially if they have an anti property owner and anti hunter bias.
__________________
I yam what I yam and that's all what I yam.
Popeye
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07/16/12, 06:52 PM
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Join Date: Oct 2005
Location: Northern Lower Michigan
Posts: 76
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Wow. Thanks everyone. We have lived here 25 years and the property has been owned by my husband's family forever! The ingress and egress has been in place for several years when my husband's uncle owned the property further back on the road. I work in customer relations so I'm pretty good at de-escalating situations with angry people. My husband is not so I really am caught in the middle. I am upset though with the lack of respect by our neighbors and see it getting worse all the time. Most of our property is fenced with one strand of electric wire for our cattle and horses. It is flagged because I worry about someone going through and getting decapitated as someone mentioned. I'm a nurse and have seen this in the ED so it has left a lasting impression with me. We are seeing an attorney this week so we will know what we can do and how we should proceed.
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07/16/12, 06:54 PM
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Join Date: Mar 2005
Location: NW Oregon
Posts: 1,754
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I have been watching this post and I can understand the frustration with tresspassing people. But we have gone from fencing, dogs, bulls to shooting people. We should not shoot at people, unless they are shooting at your/my livestock. Now, city folks seem to have No bounderies when it comes to open land and some of my neighbors. I week or so ago, I said to DH "I think a need a hand gun, that I can use." This car drives up my driveway (1/4 mile) opened the gate and drove up to the back fence and let two people out and they climbed over my fence and walked across the field. Well, the driver and I had a talk and he said he was sorry, he had been told it was ok. I don't know these kids and they had been cutting across my land for a while. When I found out who they were I call the parents, No more tresspassing. I guess what I'm trying to say, Have a Talk with them, without guns. Just letting them know how you feel about the tresspassing.
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07/16/12, 08:23 PM
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Uber Tuber
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Join Date: Feb 2008
Location: Southern Taxifornia
Posts: 6,287
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Quote:
Originally Posted by loghome mom
Wow. Thanks everyone. We have lived here 25 years and the property has been owned by my husband's family forever! The ingress and egress has been in place for several years when my husband's uncle owned the property further back on the road. I work in customer relations so I'm pretty good at de-escalating situations with angry people. My husband is not so I really am caught in the middle. I am upset though with the lack of respect by our neighbors and see it getting worse all the time. Most of our property is fenced with one strand of electric wire for our cattle and horses. It is flagged because I worry about someone going through and getting decapitated as someone mentioned. I'm a nurse and have seen this in the ED so it has left a lasting impression with me. We are seeing an attorney this week so we will know what we can do and how we should proceed.
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Thanks for the update! I would appreciate hearing what your attorney says. Please check back in and let us know.
P.S., he will probably say you can't shoot the trespassers....the party pooper! (Kidding!)
__________________
I yam what I yam and that's all what I yam.
Popeye
Last edited by Common Tator; 07/16/12 at 08:44 PM.
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07/17/12, 05:52 AM
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Join Date: May 2003
Location: S.E. Michigan
Posts: 2,064
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If your private road looks like any other well traveled road eventually somebody will drive down it. What distinguishes it from any other road? I see roads all the time going off into woods and unless its gated or has some sort of identifying feature there is just no way to tell where it goes.
Could be a short cut to another road.
Could be to another town.
Could be to a group of homes.
Could be to one place.
Could go nowhere and circle around back or just dead end.
Heck I have seen public roads that didn’t look like anything more than smooshed grass where the bushes parted so it looked like you might be able to get a car thru & I wouldn’t have ever seen it if I wasn’t with a local that knew the way.
Thing is if your unfamiliar with the area your not going to know it’s a private drive. Now if it has a gate even if it’s left open it gives a stranger a clue that it’s not a public road. A mail box gives it a hint it’s a driveway instead of a road. A posted sign by the road – NOT in the woods. Anything would help.
You guys are making me scared to go anywhere.
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07/17/12, 07:29 AM
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Join Date: Dec 2007
Location: Western North Carolina
Posts: 3,102
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Good point about the fire, Molly. When we use the firecrackers, we toss them into a firepit which is right in front of the house. We have a stone firepit and also a wood burning cook top and we put the firecrackers in those to set them off. Good point to be safe about using the firecrackers.
The air horn blast works good too. We have used it many times with good results. In fact, we have not had Hunters behind the barn nor on the next land for a long time. We keep the air horns and firecrackers for the coyote.
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07/17/12, 08:21 AM
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Guest
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Join Date: Oct 2010
Posts: 2,043
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Quote:
Originally Posted by Common Tator
Different states have different laws on posting your property.
Last year we had hunters on our land there with our permission. after all their planning and preparation, they were here in time to watch the sun rise. A bit later they heard a rustling sound in the bushes along the path. And what should appear?
Trespassers on mountain bikes! The leader of the merry band of trespassers started screaming at the hunters. "How dare you put up NO TRESPASSING signs in the national Forest!" "How dare you put fencing across a public road!" This is a major road!"
The "major road" has trees and boulders across it, and in places is only one foot wide. he had to pass at least 4 no trespassing signs, lift his bike over barbed wire fence and crawl through it himself.
Then, to intimidate the hunters, he said he was a volunteer with the Forest Service. That turned out to be true. He worked in the Forest Service office that sells maps, most of which have private property in white, with the Forest Service land in green. There is no way that he DIDN'T know he was trespassing! Copies of each of these maps are open under glass on the counter that he stands in front of all day, every day.I've been in that office many times, and I can see my property in white on all of those maps.
Not being satisfied with having chased off the bear the hunters were after, he then called the Sheriff, and tried to turn me in for fencing the property and posting it. The Sheriff explained that it was private property and we were within our rights to fence and post our property. Then he tried to turn in the hunters. It was archery season, but the jerk tried to accuse them of having guns. That was an outright lie.
Some trespassers are out to make life miserable for property owners, especially if they have an anti property owner and anti hunter bias.
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Wow of all people he should have known better. Hope he's no longer a volunteer with the forest service. I would have turned his name in. We try our hardest not to end up on private property and the one time we did, he received a sincere apology and we beat feet off.
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07/17/12, 10:41 AM
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Join Date: Jun 2011
Location: AZ
Posts: 1,589
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Quote:
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Originally Posted by DGFALL;[COLOR=red
6019976[/COLOR]]Tator, there are only two states that allow concealed carry without a permit, they are Vermont and Wyoming. Many States including Virginia allow open carry without a permit, with some restrictions. FAIL - AZ does not require a permit to conceal carry
Sorry Salmon if I am coming across as irritating, but it is a pet peeve of mine that, as you say, people who think like this are the ones that will be instrumental in having all of our guns confiscated.
As an experiment, most of you have computers, just Google " Can I shoot trespassers" and see what you come up with. You will find that Texas comes closest with a 100 year old law that allows shooting trespassers. But even there by the time you have won in court (if you do) you may have sold the farm to pay the lawyers.
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FAIL - You do not need a permit to carry concealed in Arizona or to open carry for that matter.
However, if I as an AZ resident, wanted to conceal carry in VA, I would need to have an AZ CCW permit, which through reciprocity, would allow me to carry a concealed gun in VA IF I abided by the CCW laws in the state of VA while in the state of VA.
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Discretion is the better part of Valor.
Last edited by Bluesgal; 07/17/12 at 10:55 AM.
Reason: Just setting some FACTS straight.
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07/17/12, 03:03 PM
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Join Date: Oct 2008
Location: Vermont
Posts: 274
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When we first moved back to our property (we moved away for 11 years), some of our new neighbors had been enjoying the land while we were gone. Atv trails everywhere, garbage, trees cut, hunting stands (not little take down ones, I'm talking big permanent wooden blinds), etc.
First couple months back, we saw people almost daily hiking, atving, driving thru with tractors. We put up new gates and locked them. There were a few that ignored the gates, but after hosting a few shooting events and using our home shooting range weekly, everybody seemed to get the message. The hunters that put up the blind came to the door, apologized for building it and asked politely if they could remove it.
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07/17/12, 08:35 PM
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Join Date: Sep 2011
Posts: 62
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Bluesgal, you are right, as of 2010 a person can carry concealed without a permit in Arizona. My information was older than 2010 (When I studied firearm law,) There are other states that are considering those same changes.
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