More importantly, upon whom is the burden of proof that the premises are not under your control?Tactical_Texan_CHL wrote:If you're carrying openly on a friends land, how do you prove the owner allows the "premises to be under your control" if they're not there? If they are there, can they simply tell the officer that they allow you to have control of the premises also?
For example, my wife and I own 10 acres at the corner of my mom's property, with no fence between the properties. (just the survey markers, since I'm in line to inherit the land and we don't have any cattle to separate from her small herd, so building a fence would just be an extra expense) Since it is the least accessible corner from her house, we keep an eye on the rest of the land around it, and occasionally deal with coyotes on either side of the line. Technically one could argue that either; predator hunting is an activity in which the handgun is normally used, (a bit of a stretch for most of my handguns) that the property is, to some extent, under our control. (we all try to communicate if any third party is given permission to be on any of the land unattended, with the expectation any of us will shoo off or call the sheriff on any unrecognised person out there) Either of those would be hard to prove if the owner of the property in question is not available, though, and I'd hate to have to spend mom's vacation in jail waiting for her to come back and settle it.
