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techshot
06-15-2011, 4:58 PM
I know this is a talked about subject and I have done my searching but I want to get a little more clear response. My situation is as fallows. I live in a gated apartment complex. There are clear signs outside that say " Private Property, No Trespassing " You can not enter the complex without a key. I have asked for permission to UOC in my complex and was told that it was ok. The issue at hand is there is a a school about two blocks or so away. Would I be safe to assume that with consent of the apartment manager and the fact that it is "Private Property" I could UOC inside of our gated residence? Should there be any more steps I should take before I venture into the UOC world? If I missed something or am wrong I do apologize. I have read up as much as I can and tried to be as educated as possible to prevent any problems. Thanks.

bigcalidave
06-15-2011, 5:10 PM
Gated in completely is probably fine, but how often would the situation arise? You can't leave the property with it because of the school, would you leave your apartment open carrying, then take it off and lock it up before you got to the gate, doing the reverse when you get home? If you said you were the apartment manager or something like that, I'd understand it, but just living there I don't see how often you would exercise the option? Maybe you can clarify?

BigDogatPlay
06-15-2011, 5:11 PM
You could ask Theseus how being on private property but within 1000 feet of a school got him a very big bump in the middle of his life.

Thread here. (http://www.calguns.net/calgunforum/showthread.php?t=238828)

If you are the property owner, or an agent of the owner and the property is secure, fenced and gated with controlled access, then maybe. But it's still, IMO, a somewhat risky proposition.

Not a lawyer, just expressing an opinion.

rodeoflyer
06-15-2011, 5:14 PM
Legal or not i'll be blunt about it and say it's a stupid move IMHO. Broadcasting to all your neighbors that you own firearms is asking for a break-in.

Living in an apartment, I will ASSume that your gun safe (ASSuming you have one) isn't properly secured.

techshot
06-15-2011, 5:14 PM
Gated in completely is probably fine, but how often would the situation arise? You can't leave the property with it because of the school, would you leave your apartment open carrying, then take it off and lock it up before you got to the gate, doing the reverse when you get home? If you said you were the apartment manager or something like that, I'd understand it, but just living there I don't see how often you would exercise the option? Maybe you can clarify?

My apartment is inside of a big gated community. I park inside of the gated community.

bigcalidave
06-15-2011, 5:16 PM
You still couldn't drive out the gate with it.

techshot
06-15-2011, 5:18 PM
Legal or not i'll be blunt about it and say it's a stupid move IMHO. Broadcasting to all your neighbors that you own firearms is asking for a break-in.

Living in an apartment, I will ASSume that your gun safe (ASSuming you have one) isn't properly secured.

They see me carrying my rifle and handgun bags to and from my apartment to my car all the time. I do not have a gun safe that bolts to the floor or walls. The best I can do is my two pitbulls guarding the apartment while I am away.

techshot
06-15-2011, 5:18 PM
You still couldn't drive out the gate with it.

I carry a locked case in my car to transport my 1 handgun at all times.

bigcalidave
06-15-2011, 5:25 PM
So you would just open carry to your car then lock it up? I'm still trying to understand why.

Truthfully, with the permission of the property owner I believe you could CCW there, (Any reason not?, gated, with permission?). Then you aren't drawing the attention.
Maybe?

techshot
06-15-2011, 5:29 PM
So you would just open carry to your car then lock it up? I'm still trying to understand why. Truthfully, with the permission of the property owner I believe you could CCW there, (Any reason not?, gated, with permission?). Then you aren't drawing the attention.

I walk my dogs with my gf at night in the complex. It's not the best area in the world so this is my main reason tbh. There have been break in and property damage. ( I am stuck on a lease ) I didn't think about CCW cause it's private property. Drawing less attention is a better option. Thank you.

bigcalidave
06-15-2011, 5:40 PM
Wait, am I reading it wrong? Maybe that was right, with property owner explicit permission and gated to avoid public entry it fits the definition of private property, right? Can someone else come in and correct me? lol. I'm tired of editing my posts.

techshot
06-15-2011, 5:42 PM
Nevermind, I forgot that in People V Overturf it was a gated complex as well. CCW is a no go there. That may change, but for now it's a no.

Okay, thanks for the update. I am not trying to cause issues or problems for myself. Just trying to find a legal way to defend myself in a crap area.

bigcalidave
06-15-2011, 5:46 PM
I edited that again. I'm not sure, wait for better opinions. It could still be ok.

techshot
06-15-2011, 5:49 PM
I edited that again. I'm not sure, wait for better opinions. It could still be ok.

Thanks for your time, I appreciate the help. Sorry if I was not more clear with the intent of why I wanted to UOC.

bigcalidave
06-15-2011, 6:01 PM
Another example of how crystal clear the rules are here!!

CitaDeL
06-15-2011, 7:30 PM
I know this is a talked about subject and I have done my searching but I want to get a little more clear response. My situation is as fallows. I live in a gated apartment complex. There are clear signs outside that say " Private Property, No Trespassing " You can not enter the complex without a key. I have asked for permission to UOC in my complex and was told that it was ok. The issue at hand is there is a a school about two blocks or so away. Would I be safe to assume that with consent of the apartment manager and the fact that it is "Private Property" I could UOC inside of our gated residence? Should there be any more steps I should take before I venture into the UOC world? If I missed something or am wrong I do apologize. I have read up as much as I can and tried to be as educated as possible to prevent any problems. Thanks.

Sounds like you are seeking legal advice, and should seek out qualified legal help.

I am not.

I would say that due to your proximity to a school, you should take the probabilty of being hooked up over a 626.9 violation as the primary determing factor in your decision to UOC. I dont think it will matter much to the authorities whether or not you have permission of the private property owner, they will reason that its not really private since other tenants are around.

The other thing is you indicate that the complex is in a bad area, and that the complex is only accessable. If you are only UOC inside the complex, are you afraid of your fellow tenants, or the ones that are invited in?

techshot
06-15-2011, 7:43 PM
Sounds like you are seeking legal advice, and should seek out qualified legal help.

I am not.

I would say that due to your proximity to a school, you should take the probabilty of being hooked up over a 626.9 violation as the primary determing factor in your decision to UOC. I dont think it will matter much to the authorities whether or not you have permission of the private property owner, they will reason that its not really private since other tenants are around.

The other thing is you indicate that the complex is in a bad area, and that the complex is only accessable. If you are only UOC inside the complex, are you afraid of your fellow tenants, or the ones that are invited in?

Understood, the 626.9 violation is what I am really worried about. I am more worried about the people invited into the complex then the people here themselves. There are idiots everywhere though, and I just was looking for a way to defend myself in case a situation happens. I have had to call the police twice in the last 6 months ( B&E and Vandalism of property ) and both response times were over 15 minutes. Thanks for the advice.

Librarian
06-15-2011, 8:24 PM
I know this is a talked about subject and I have done my searching but I want to get a little more clear response.

My situation is as fallows. I live in a gated apartment complex. There are clear signs outside that say " Private Property, No Trespassing " You can not enter the complex without a key. I have asked for permission to UOC in my complex and was told that it was ok.

The issue at hand is there is a a school about two blocks or so away. Would I be safe to assume that with consent of the apartment manager and the fact that it is "Private Property" I could UOC inside of our gated residence? Should there be any more steps I should take before I venture into the UOC world?

If I missed something or am wrong I do apologize. I have read up as much as I can and tried to be as educated as possible to prevent any problems. Thanks.

The difference in your situation from the usual is emphasized above.

If this were not the case, then the answer is easy - no, you could not legally CCW or LOC outside your unit, and UOC would be extremely risky due to the GFSZ. That would be People vs Overturf territory, and that case is pretty clear.

I don't know that the restricted-access multi-unit, multi-resident case has been addressed anywhere.

bigcalidave
06-15-2011, 8:39 PM
CCW is very low profile, unlike your UOC idea, which would have probably resulted in police calls to the complex immediately. The odds are in your favor to never have an issue, but if you do, are you prepared for the disruption to your life and to hire a lawyer to defend you properly? I think Librarian is right, this situation hasn't been up to the big courts, so the letter of the law is currently in your favor. Your gamble though. Keep your mouth shut (you have to tell them you are keeping your mouth shut now) and immediately ask for a lawyer.

techshot
06-15-2011, 8:57 PM
Thank you both. It looks like I am in uncharted water's in this one. My safety is worth the time and money if need be, if things were to turn out badly that is. I do think the CCW option is a much better idea, and way less attraction. Last thing I want is to invite trouble, I just want to defend myself legally against it.