And that's WHY we carry them...

[Seth]

Your "Domicile" is Colorado. Your hotel room walls are curtilage of your dwelling in New York, and it doesn't entail the same set of rights associated with one's home in New York. Lots of lawyers in NY though, in case you have to defend your hotel room and company equipment, as well as yourself. This should give you all the scope you need to use your firearm in defense of your life on this big Bing thing.

For the purposes of law enforcement a hotel room is a temporary domicile to the same degree as ones home is insofar as search and seizure pertain, and in this case insofar as the right to possess a handgun in ones "home" in New Jersey.

[piscator]

No it's not. Cops don't have to have a warrant in a hotel, they just need "reasonable suspicion" and the management on their side. That's why they always roll up rock bands in hotels.
They can always get management to let them in a hotel room.

[Seth]

No it's not. Cops don't have to have a warrant in a hotel, they just need "reasonable suspicion" and the management on their side. That's why they always roll up rock bands in hotels.

No, they have to have probable cause and exigent circumstances to make a warrantless entry, or else they have to have a warrant, same as anywhere else.

And yes, management can let them in, but unlike the recent Supreme Court ruling that says that ANY person legally in a residence can give police permission to search without a warrant, hotel management doesn't qualify as "legally in" the room for the purposes of warrantless searches.

US v. Jeffers, 342 U.S. 48 (1951)-Occupants of a hotel room have an expectation of privacy. An officer cannot freely enter and search a hotel room for contraband or evidence, nor can hotel staff grant permission for the police to enter and search the occupied room. The officer must follow the same procedures as if the room was a residence (i.e. obtain a search warrant, get consent, or have exigent circumstances). The court also added that a person has no right to have contraband, even if illegally seized, returned to him.

[rainbow]

Your "Domicile" is Colorado. Your hotel room walls are curtilage of your dwelling in New York, and it doesn't entail the same set of rights associated with one's home in New York. Lots of lawyers in NY though, in case you have to defend your hotel room and company equipment, as well as yourself. This should give you all the scope you need to use your firearm in defense of your life on this big Bing thing.

For the purposes of law enforcement a hotel room is a temporary domicile to the same degree as ones home is insofar as search and seizure pertain, and in this case insofar as the right to possess a handgun in ones "home" in New Jersey.

Since a lot of Merkins live on the subway, in their cars and shop doorways, are these considered "temporary domicile" as well?

[Tero]

Absolutely! And the RVs are full of guns.

[piscator]

It would be good to see the NY & NJ decisions where the judge ruled that the state handgun laws don't apply on private property or in a violator's residence. It would be even better to see the NY & NJ laws or decisions that show the state handgun laws don't apply in a hotel room.

[piscator]

The Transitional Objects and Self Comfort

Allan Schwartz, LCSW, Ph.D. Updated: Apr 23rd 2012

Do you remember Linus from the Peanuts cartoon? He always carried around his little blue blanket. That was typical of what most kids do from about one year old up until approximately three or four years of age. It's what is called a "transitional object." The transitional object does not have to be a blanket. It can be a stuffed bear or some other toy that the child finds comforting. The transitional object is comforting when the mother is not around or at any other time. Most mothers try to wash it because it becomes dirty and smelly. Most kids hold onto it because the smelliness and dirtiness forms part of what feels familiar, safe and comforting. Do we, as adults, have transitional objects that we hold onto for comfort? Yes.

An adult transitional object may not necessarily have all the same features as that of a child's. For example, dogs, cats and other pets, can serve as transitional type objects for adults. If you think about it, one of the things people enjoy about cats, dogs and other furry animals is that they can be stroked, hugged and held on your lap. Studies show that, among the benefits that these pets seem to have is that they lower blood pressure, help reduce the effects of stress and help people relax and feel better.

Pets are not precisely like the transitional objects used by children. Pets are alive, are not held for hours, are not tossed away and are not temporary. Children will hold the object, toss it, mouth it, bite it and, when the time comes, lose interest in it. That part of the reason why it's called transitional. It helps the child move from one stage of development to the next. As the child grows and develops, other things become more interesting than the little blue blanket. However, we want to keep our dogs and cats around along as possible. It's a lifetime commitment. We relate to the pet for it's entire life span.

As adults, there are other types of objects that serve a similar purpose as transitional object used by children. It is common for adults to keep prized possessions owned by their parents when they were growing up. Dad may have passed away many years ago but wearing his watch is a comforting reminder of that relationship. On the popular reality program, Deadliest Catch, the captain of one of the boats gave his jacket to one of the young deck hands at the end of the season, as a symbol of recognition that he moved from being greenhorn or rookie, to a full and respected member of the crew.

It's important for all of us to keep in mind that it is stress reducing to have these types of transitional objects. If you love pets and are not someone with allergies, then, such pets as dogs, cats, bunnies, and etc. are a wonderful way to reduce stress. That photograph of mom, jacket of dad's, china-set you inherited, and other such things, are serve the purpose of reminding us of the happy parts of our childhood and helps comfort us when we are feeling stressed, depressed or very anxious. Some people call these "lucky charms." Whatever they are called it's good to have them.

What types of transitional objects do you have and how do they help you?

Allan N. Schwartz, PhD


==================================
Reader Comments


Stuffed Animal - Vanessa - Apr 24th 2012

I've had stuffed animals around, like the beanie babies, to help when I feel inspired and want to write. It can be quite frustrating to find the right words but luckily, I have my purple turtle and my fuzzy dog to help me through.

Over the weekend, I had an exam for my LPC license. I took my small stuffed dog with me. I didn't have to look at him but it was nice, knowing he was there for me.

In the past, I've worked at a short term behavioral health facility and I've helped kids and adults to make stuffed animals and pillows of their own to take with them after they leave the facility. These objects are just so important.



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[Seth]

Your "Domicile" is Colorado. Your hotel room walls are curtilage of your dwelling in New York, and it doesn't entail the same set of rights associated with one's home in New York. Lots of lawyers in NY though, in case you have to defend your hotel room and company equipment, as well as yourself. This should give you all the scope you need to use your firearm in defense of your life on this big Bing thing.

For the purposes of law enforcement a hotel room is a temporary domicile to the same degree as ones home is insofar as search and seizure pertain, and in this case insofar as the right to possess a handgun in ones "home" in New Jersey.

Since a lot of Merkins live on the subway, in their cars and shop doorways, are these considered "temporary domicile" as well?

Good question. There's some precedent that says that a homeless person's "camp" is his domicile and that therefore his belongings cannot be randomly searched without a warrant or PC/EC.

It's all about a "reasonable expectation of privacy."

[Seth]

It would be good to see the NY & NJ decisions where the judge ruled that the state handgun laws don't apply on private property or in a violator's residence. It would be even better to see the NY & NJ laws or decisions that show the state handgun laws don't apply in a hotel room.

Well, with the Heller et. seq. decisions, NYC, NJ, Detroit and Chicago all have to amend their laws to comply with the Constitution. So does DC.

They restrict guns not by banning them, but by making it a felony to possess one without the proper license, which is almost impossible to get in NYC or NJ.

[piscator]

It would be good to see the NY & NJ decisions where the judge ruled that the state handgun laws don't apply on private property or in a violator's residence. It would be even better to see the NY & NJ laws or decisions that show the state handgun laws don't apply in a hotel room.

Well, with the Heller et. seq. decisions, NYC, NJ, Detroit and Chicago all have to amend their laws to comply with the Constitution. So does DC.

They restrict guns not by banning them, but by making it a felony to possess one without the proper license, which is almost impossible to get in NYC or NJ.

ATF Pub 5300.4

Questions and Answers

(B11) What constitutes residency in a state?

The State of residence is the State in which an individual is present; the individual must also have an intention of making a home in that State.

...


Example 1. A maintains a home in State X. A travels to State Y on a hunting, fishing, business, or other type of trip. A does not become a resident of State Y by reason of such trip.


...

West's Key Number Digest, Domicile Key Number2
The terms “domicile” and “residence,” as used in statutes, are commonly, although not necessarily, construed as synonymous.
Whether the term “residence,” as used in a statute, will be construed as having the meaning of “domicile,” or the term “domicile” construed as “residence,” depends on the purpose of the statute and the nature of the subject matter, as well as the context in which the term is used.[FN1] It has been stated that the terms “residence” and “domicile” are almost universally used interchangeably in statutes,[FN2] and that since domicile and legal residence are synonymous, the statutory rules for determining the place of residence are the rules for determining domicile.[FN3] However, it has also been held that “residence,” when used in statutes, is generally interpreted by the courts as meaning “domicile,” but with important exceptions.[FN4]
Accordingly, whenever the terms “residence” and “domicile” are used in connection with subjects of domestic policy, the terms are equivalent.[FN5] They are also generally equivalent where a statute prescribes residence as a qualification for the enjoyment of a privilege or benefit,[FN6] or the exercise of a franchise.[FN7] “Residence” as used in various particular statutes has been considered synonymous with “domicile.”[FN8]

[Blind groper]

Here in NZ, we restrict guns not by banning them, but by requiring an appropriate licence. Of course, to get a licence for a hand gun is essentially impossible for an ordinary citizen, which is the way it should be. But a hunting rifle or shotgun can be owned after getting the proper licence.

The end result of this is that firearms homicides are at a level less than 5% of that in the USA on a per capita basis.

America requires a licence to drive a car. Something similar for guns would be entirely appropriate, and it would cut the murder rate dramatically, making the place safer for everyone.

[piscator]

Here in NZ, we restrict guns not by banning them, but by requiring an appropriate licence. Of course, to get a licence for a hand gun is essentially impossible for an ordinary citizen, which is the way it should be. But a hunting rifle or shotgun can be owned after getting the proper licence.

The end result of this is that firearms homicides are at a level less than 5% of that in the USA on a per capita basis.

America requires a licence to drive a car. Something similar for guns would be entirely appropriate, and it would cut the murder rate dramatically, making the place safer for everyone.

What does that have to do with the text of the 2nd Amendment?

[piscator]

Seth,

1. "Domicile" is synonymous with "Residence" unless NJ has a statute that says otherwise wrt handgun possession in a hotel room.
2. "Expectations of privacy" are between you and the hotel. Any room charges are private contracts between you, and the hotel. You are not renting your room from the New Jersey State Police, you do not intend to reside in NJ, so as far as they're concerned you are in transit, same as if were going down the highway. You may well be committing a felony when you unbox a handgun in your NJ hotel room.

[JimC]

Here in NZ, we restrict guns not by banning them, but by requiring an appropriate licence. Of course, to get a licence for a hand gun is essentially impossible for an ordinary citizen, which is the way it should be. But a hunting rifle or shotgun can be owned after getting the proper licence.

The end result of this is that firearms homicides are at a level less than 5% of that in the USA on a per capita basis.

America requires a licence to drive a car. Something similar for guns would be entirely appropriate, and it would cut the murder rate dramatically, making the place safer for everyone.

What does that have to do with the text of the 2nd Amendment?

The rest of the world doesn't give a fuck about the 2nd Amendment, just like the US doesn't give a fuck about the rest of the world...

[piscator]

Here in NZ, we restrict guns not by banning them, but by requiring an appropriate licence. Of course, to get a licence for a hand gun is essentially impossible for an ordinary citizen, which is the way it should be. But a hunting rifle or shotgun can be owned after getting the proper licence.

The end result of this is that firearms homicides are at a level less than 5% of that in the USA on a per capita basis.

America requires a licence to drive a car. Something similar for guns would be entirely appropriate, and it would cut the murder rate dramatically, making the place safer for everyone.

What does that have to do with the text of the 2nd Amendment?

The rest of the world doesn't give a fuck about the 2nd Amendment, just like the US doesn't give a fuck about the rest of the world...

And...what's your point? That it's law here and not there?

You can't just chalk it up as a case of 'We're all here because we're all not there' ?