Question about gun control laws for condo owners

[hkusp9c]

I live in a small condominium (about 20 units total). And I've had a few incidents in the gated garage and my car was broken into three or four times. And there was a time when one of my neighbors pulled into the garage when it was like 3 in the morning and witnessed a couple of thugs trying to sneak into the garage without being on the security cameras. And after the last break in, I decided to get one of those two way remote alarm. And last month the car alarm went off in the middle of the night. I went down to the garage with a frigging golf club since it was against the laws to use deadly force in protecting your property. And here's my question. Is it legally ok to carry a loaded firearms in a "common property" like the garage of a condominium? Would I be in trouble if LEOs show up and saw me carrying with a CCW? (I live in Los angeles so it's IMPOSSIBLE to get a CCW)

[J-cat]

Carrying a firearm in the common areas is OK as far as the law goes, because you are on private property. When I lived in a condo, our association rules prohibited carrying firearms in common areas, however. Check your rules, else you'll have legal problems.

[Librarian]

Usually you're limited to inside your condo; 'common areas', despite your 1/20 undivided interest or whatever the split may be, are 'public' as far as current case law (Overturf) seems to cover.

So the likely answer is 'yes, you would be in trouble'.

[J-cat]

Overturf is not good caselaw anymore. It said that PC 12031 allowed one to have a gun at home/place of business, but did not allow one to carry that gun. It did not address what constituted a public place.

12031 was subsequently changed to permit "carrying" in your home/place of business.

[the_donald_]

I'd hate to be in your shoes if going down to my car to encounter some BGs that are armed. Review your Condo rules, but it would be hard to follow the rules if your life becomes endangered. Good luck, be safe.

[Librarian]

Overturf is not good caselaw anymore. It said that PC 12031 allowed one to have a gun at home/place of business, but did not allow one to carry that gun. It did not address what constituted a public place.

12031 was subsequently changed to permit "carrying" in your home/place of business.

Sadly, it's 'good' to the extent it muddled 'public place' and we're still stuck with that. And it was 12026 that was changed as a direct result of Overturf. 12031 is 'loaded in public', not 'carry'.

[saber]

I would also add that you might be on shaky legal ground if you went down to the garage with a gun to deal with someone who was tampering with your car. It is not the same as if you were accosted leaving your car or if someone was breaking into your house.

[GuyW]

12031 was subsequently changed to permit "carrying" in your home/place of business.

Not correct.

[GuyW]

I went down to the garage with a frigging golf club since it was against the laws to use deadly force in protecting your property.

You were guilty of carrying an illegal "billy", just like a baseball bat, a piece of pipe, tire iron, wrench etc etc BECAUSE you intended to use it as a weapon against a human, not to play golf.

Stupid - but its CA law...

...better read up on CalGuns and learn to stay out of jail.

Concept 1: almost everything that makes sense is illegal in CA...

.

[tyrist]

Carrying the golf club as a weapon is a felony....where as a registered loaded gun would just be a misdemeanor.

[Turbinator]

Ok, guys, so what CAN he do if someone is breaking into his car - given that this is CA and he lives in a condo development? Would a paint marker be better? How about a water hose? Or how about oven cleaner?

Turby

[Jonathan Doe]

Observe and report?

[onikage]

Bingo. As you said, this is CA, and breaking into a car isn't exactly a threat to someone's life. Call the cops, observe, and report. Heck I'd be skeptical about the law being in your favor if you walked outside and said "HEY!", exchanged gunfire with the guy (he shot first), and ended up hurting/killing him.

I understand emotions get in the way, it would for me too, but from an outside point of view I believe we're at a loss here.

[jasilva]

Be smart about it. Make a practice of carrying a large knife in a belt sheath at times. Next time you go to the garage because of the alarm take a 3 or 4 cell maglight(you need to see since it's dark) carry the knife in it's sheath and carry a gun in holster. If you encounter the bad guy you have options, the flashlight is a nice legal billy club in a pinch, if that's not enough tool for the job the knife is there, since you have it with you regularly and it's not concealed your okay there, and you have the gun for the ultimate emergency. If you use the gun on the perp out of necessity, well you just decided to go put it in your trunk and surprised the bad guy. May not completely hold up but a jury will have a hard time convicting you. If you use the light or knife on the perp you just lock the gun away in your car trunk or take it back to your condo if you have time and never mention having it with you. Maybe someone can shoot holes in this plan but it seems better to me than being unarmed and a regular victim.

[Quiet]

Observe and report?

Pretty much what all he can do.

+1 on the 4-cell Maglight.

Carry some pepperspray as well.