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Old 01-22-2013, 10:49 PM
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Roland Deschain Roland Deschain is offline
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Default Advice on clarification of legal carry options RE: an apartment...

Recently read this thread and it got me thinking...

After reading this CGF wiki page I am not sure I understand the law completely. I understand that I am legally allowed to carry inside my apartment... I am legally allowed to carry inside my back yard since it is a private, fenced area, only accessible my me...

My question however relates to my ability to carry, without a license, in the parking lot of the apartment complex. My confusion stems from the fact that the parking lot is gated (and thus private IMHO) and "People v. Overturf" (or at least the snippet on the Wiki) does not clarify this detail.

TL;DR: Can I carry a weapon, concealed or not, in my gated apartment parking lot?
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Old 01-22-2013, 11:01 PM
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Librarian Librarian is offline
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Quote:
Originally Posted by Roland Deschain View Post
Recently read this thread and it got me thinking...

After reading this CGF wiki page I am not sure I understand the law completely. I understand that I am legally allowed to carry inside my apartment... I am legally allowed to carry inside my back yard since it is a private, fenced area, only accessible my me...

My question however relates to my ability to carry, without a license, in the parking lot of the apartment complex. My confusion stems from the fact that the parking lot is gated (and thus private IMHO) and "People v. Overturf" (or at least the snippet on the Wiki) does not clarify this detail.

TL;DR: Can I carry a weapon, concealed or not, in my gated apartment parking lot?
Probably not.

For publicly-accessible parking lot, that's exactly the conclusion of Overturf.

The carry issue appears to be tied to property where you, individually, have a 'possessory interest'. That is rarely the case for a condo-owner with his/her 1/132 undivided interest in the common area (or however many units there are for '132'); it IS the case inside the interior coat of paint of your apartment or condo.
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Old 01-22-2013, 11:18 PM
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Roland Deschain Roland Deschain is offline
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Originally Posted by Librarian View Post
Probably not.

For publicly-accessible parking lot, that's exactly the conclusion of Overturf.

The carry issue appears to be tied to property where you, individually, have a 'possessory interest'. That is rarely the case for a condo-owner with his/her 1/132 undivided interest in the common area (or however many units there are for '132'); it IS the case inside the interior coat of paint of your apartment or condo.
As usual Librarian rocks ! I assumed this was the case but wanted to clarify. Thanks for the response
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