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View Full Version : Common areas of your home/apartment


DavidRSA
03-16-2010, 2:24 PM
Are common areas regarded as your "home" as far as keeping a loaded weapon on you is concerned? For example if I go from my apartment to the mailbox down the corridor with my pistol loaded and concealed, would I be breaking the law?

If this is breaking the law, what if all the residents agreed to it? What if lived in a small complex of say 4 units, and everyone was a gun owner, could we agree amongst ourselves (and the owner) that common areas are OK for carrying our weapons?

XYZ
03-16-2010, 2:59 PM
Others would be able to answer better than I could but here are my thoughts. First, check with your apartment complex as they may have something in the lease regarding firearms. Second, a common area would probably be considered a public place so a CCW may not be allowed and you would have to open carry (again, check with your apartment complex first as they may have restrictions even with an open carry item). Third, if you have to CCW in a small complex of four units from your apartment to your mailbox, you may want to consider moving.

Untamed1972
03-16-2010, 3:04 PM
shared use areas or areas open to the public or that you do not have sole discrection to exclude others from currently are considered "public places". So going to the mail box locked and loaded would be a big no-no.

chessknt
03-16-2010, 3:34 PM
Others would be able to answer better than I could but here are my thoughts. First, check with your apartment complex as they may have something in the lease regarding firearms. Second, a common area would probably be considered a public place so a CCW may not be allowed and you would have to open carry (again, check with your apartment complex first as they may have restrictions even with an open carry item). Third, if you have to CCW in a small complex of four units from your apartment to your mailbox, you may want to consider moving.

Im 99% sure that unless you live on a university-owned apartment complex, there isnt any lease addendum that can legally ban firearms.

XYZ
03-16-2010, 3:59 PM
Im 99% sure that unless you live on a university-owned apartment complex, there isnt any lease addendum that can legally ban firearms.

I didn't say anything about banning firearms - the OP asked about CCW a loaded gun from his apartment to a mailbox. There are laws that prevent a CCW, loaded in a public place (some exceptions of course) and your apartment lease may highlight those laws.

If there are exceptions, please highlight it here where it falls in this specific example of CCW a loaded gun in a public place of an apartment complex.

I also mentioned that if you feel that you must CCW, loaded in a small apartment complex, then they should move.

chessknt
03-16-2010, 4:43 PM
I didn't say anything about banning firearms - the OP asked about CCW a loaded gun from his apartment to a mailbox. There are laws that prevent a CCW, loaded in a public place (some exceptions of course) and your apartment lease may highlight those laws.

If there are exceptions, please highlight it here where it falls in this specific example of CCW a loaded gun in a public place of an apartment complex.

I also mentioned that if you feel that you must CCW, loaded in a small apartment complex, then they should move.

I read your post as saying that his lease may put restrictions on firearms as it pertains to his residence, which (except for university housing) is illegal.

Ive lived in MANY different places and never seen anything specifically reference firearms in a lease save when I lived on campus (where it was banned).

XYZ
03-16-2010, 5:22 PM
I reread my post as well as yours and I agree I probably wasn't clear and I would've thought the same. I should have said some places may mention something about firearms but this isn't absolute. Sorry if I sounded like I had a stick up my butt :).

paul0660
03-16-2010, 5:29 PM
common means public, no you can't.

Bobotheclown
03-16-2010, 6:18 PM
Common areas in an apartment complex typically includes the area directly in front of your front door...

Librarian
03-16-2010, 7:25 PM
shared use areas or areas open to the public or that you do not have sole discretion to exclude others from currently are considered "public places". So going to the mail box locked and loaded would be a big no-no.
^^ This

Common areas in an apartment complex typically includes the area directly in front of your front door...
Right- inside your door, and inside the coat of paint that is on the walls when you move in is 'yours'.

chessknt
03-16-2010, 8:03 PM
But beware of answering the door while carrying because it can be construed as brandishing if you were rude to whoever knocked.

DVLDOC
03-16-2010, 8:09 PM
What about detached garage spaces?