CONDO COMPLEX QUESTION

[mxadam579]

Ok guys and girls quick question here. I walk my dog at night and i always carry my pm9 with me in my pocket. Is this legal to carry it concealed on me since i own property in the complex and i am staying on the condo grounds. Or is this a no no thanks....

[David2531]

It is a big no no without a permit...

[glockman19]

If the Condo and grounds are gated and access controlled then I'd say you are good to go. If it is accessable to the public then no.

[David2531]

If the Condo and grounds are gated and access controlled then I'd say you are good to go. If it is accessable to the public then no.

This is not correct because gated or not it is still accessable to the other tenants so again a big no no.

[killathrilla]

This ought to be an intersting thread....I would contact the attorney that will be representing you when u get beat down by the man....just saying

[Librarian]

People v Overturf is the California case that guides; in short, without LTC, you may carry only within your unit, the part you rent for your exclusive access and control.

See the wiki -- http://wiki.calgunsfoundation.org/Un...oncealed_Carry

[mxadam579]

i dont rent i own so do i own any of the common grounds or is it just the living space

[medicdude]

Still living space. Common area are public.

[Librarian]

i dont rent i own so do i own any of the common grounds or is it just the living space

Oh, you do own that stuff - a 1/172 undivided interest (or, whatever number of units there are - see your deed) but ...

Still living space. Common area are public.

... is correct.

[glockman19]

People v Overturf is the California case that guides; in short, without LTC, you may carry only within your unit, the part you rent for your exclusive access and control.

See the wiki -- http://wiki.calgunsfoundation.org/Un...oncealed_Carry

Oveturf is a perfect example of a Poor decision. Overturf would not be upheld today. Lawyer should be banned from 2A cases for making such a poor argument. So much for 2A exemptions...

If my private gated residence is OK to carry in front and back yards then Why is a Private Gated Complex any different? It's not. There is still controlled, gated access to residents and guests?

I also disagree with your, "in short, without LTC, you may carry only within your unit, the part you rent for your exclusive access and control." Here you are COMPLETELY WRONG...with regard to renters and property owners rights.

I rent the apartment but also the property's facilities including laundry and common area...larger complexes also offer as part of rent gym, pool and tennis facilities...these are NOT public, yet are there for the mutual benefit of the Residents and guests.

So...there really is NO exemption for carrying on any gated residential property, owner or renter.

Poor decisions like this is what CGN should focus on overturnung.

[Baconator]

Oveturf is a perfect example of a Poor decision. Overturf would not be upheld today. Lawyer should be banned from 2A cases for making such a poor argument. So much for 2A exemptions...

If my private gated residence is OK to carry in front and back yards then Why is a Private Gated Complex any different? It's not. There is still controlled, gated access to residents and guests?

I also disagree with your, "in short, without LTC, you may carry only within your unit, the part you rent for your exclusive access and control." Here you are COMPLETELY WRONG...with regard to renters and property owners rights.

I rent the apartment but also the property's facilities including laundry and common area...larger complexes also offer as part of rent gym, pool and tennis facilities...these are NOT public, yet are there for the mutual benefit of the Residents and guests.

So...there really is NO exemption for carrying on any gated residential property, owner or renter.

Poor decisions like this is what CGN should focus on overturnung.

But they are public in that other people can get to them without your explicit permission. If I own a home I can't carry in my front yard if I don't have a fence, it is a public accessible area. So it isn't public in that anyone who wants to can access it, but it is public in that you don't have explicit control over who access these common areas.

[YoungGun86]

Awesome info in this thread, was not familiar with Oveturf before this . Would be more awesome if the answer was "You can carry whatever you want wherever you want because this is America."

[Librarian]

Oveturf is a perfect example of a Poor decision. Overturf would not be upheld today. Lawyer should be banned from 2A cases for making such a poor argument. So much for 2A exemptions...

If my private gated residence is OK to carry in front and back yards then Why is a Private Gated Complex any different? It's not. There is still controlled, gated access to residents and guests?

I also disagree with your, "in short, without LTC, you may carry only within your unit, the part you rent for your exclusive access and control." Here you are COMPLETELY WRONG...with regard to renters and property owners rights.

I rent the apartment but also the property's facilities including laundry and common area...larger complexes also offer as part of rent gym, pool and tennis facilities...these are NOT public, yet are there for the mutual benefit of the Residents and guests.

So...there really is NO exemption for carrying on any gated residential property, owner or renter.

Poor decisions like this is what CGN should focus on overturnung.

Until Overturf IS, in fact, overturned, you disagree at your significant peril. It's 'good law', existing and valid precedent in California courts.

If my private gated residence is OK to carry in front and back yards then Why is a Private Gated Complex any different? It's not. There is still controlled, gated access to residents and guests?

The difference is 'control' and 'public access'.

On your very own property, you, personally, can deny entrance or occupancy and can call the cops to get that enforced. In a common area of an apartment complex, you can't do that with someone else - you don't know if that person you want thrown out is a resident, with equal right to access public areas to your right of access.

[glockman19]

Until Overturf IS, in fact, overturned, you disagree at your significant peril. It's 'good law', existing and valid precedent in California courts.

The difference is 'control' and 'public access'.

On your very own property, you, personally, can deny entrance or occupancy and can call the cops to get that enforced. In a common area of an apartment complex, you can't do that with someone else - you don't know if that person you want thrown out is a resident, with equal right to access public areas to your right of access.

Since you love to correct posters...are you ever wrong?

The example I gave is of a Completely gated, secured, "Controlled Entry", complex...so your contention that there is "public access" is incorrect.

And therin lies the problem with this decision...The OWNER, on his Completely Gated propery was found guilty even though there is a clear exemption...actually three...all of which he met...Owner, Business, Private gated Property.

And...Police can be called and tresspassing enforced if the individual is neither a Owner, Renter or Guest.

Please read and comprehend wheat I wrote...Gated, Secured Entry Complex.

[fresnofox]

Here is another question on this subject I own a small apartment complex when I'm there can I carry I own it but have renters ?