Can I Conceal?

[scoutsniper687]

Alright so I am an apartment manager and I live on the property. I a lot of times will walk the property at night to ensure everything is safe and what not and usually carry concealed while doing so. The law states...

"No permit or license to purchase, own, possess, keep, or
carry, either openly or concealed, shall be required of any citizen
of the United States or legal resident over the age of 18 years who
resides or is temporarily within this state, and who is not within
the excepted classes prescribed by Section 12021 or 12021.1 of this
code or Section 8100 or 8103 of the Welfare and Institutions Code, to
purchase, own, possess, keep, or carry, either openly or concealed,
a pistol, revolver, or other firearm capable of being concealed upon
the person within the citizen's or legal resident's place of
residence, place of business, or on private property owned or
lawfully possessed by the citizen or legal resident."


So my question is... Conceal carrying...do you think its a gray area? Or am I pretty well covered considering Its my place of bussiness and its private land I manage?

[scoutsniper687]

Dont ask me how I got in General Discussion...... MODs you may if you like.

[Burbur]

Not only is this you residence, but the entire complex is your workplace; that might fall under owner discretion.

My follow-up question to those that know; if living in an apartment complex, is the entire facility my home, therefore I can bear in my entire home?

[MrExel17]

That's good question! I have to agree that would be up to the owner.

[gobler]

Is it a gated complex? If it is then by all means you can conceal or LOC.

[Librarian]

Generally, no. Not an apartment complex.

Court case directly on point: People v Overturf.

But in Overturf, the court held that the common areas of an apartment complex was a public place and thus Mr. Overturf couldn't carry a loaded firearm even though Mr. Overturf was the landlord of the apartment complex.

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

[PsychGuy274]

Generally, no. Not an apartment complex.

Court case directly on point: People v Overturf.

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

But what about the fact that it's his business?

[goodlookin1]

Residency laws come into effect. It's the same things as a homeowner not legally able to tell a tenant that they cannot have firearms in that house. The complex, though it is a business for him, is public property "common area" where everyone can congregate who lives there. In the eyes of the court, this might as well be public land, excluding you from being able to legally carry. Now, if you're in your apartment, that is totally fine. It also **might** be legal if you're in your office building. But definitely not anywhere on your property because as long as there are tenants there, it's sort of their property too. Not really, but sort of.

Best way I can describe how I understand it. I may be wrong...

[Untamed1972]

since you do not exercise exclusive control over the common areas of the complex....no it would not be legal, as those areas would be considered public or open to the public under current court precident.

[glockman19]

I own a building...I carry concealed when working there late preparing a unit for rental...I also carry when showing rental units.

I generally stay in the unit but carry all around the building. It is NOT gated...I'll take my chances, the garage has gated parking.

[Syst3m Ov3rrid3]

I think this is a double edged sword. As this is your business, its also where you live. I'd say CYA and just carry it inside your apartment/office. Now if it was ONLY your business and you didnt live there and nobody else lived there, I'd say go ahead. Just tread carefully my friend. Tread Carefully.

[Librarian]

But what about the fact that it's his business?

I quoted the court from Overturf - what is unclear about that? (Not 'What makes no sense' - this is California gun law.)

[morfeeis]

so even if your complex is gated and locked you cant carry concealed?

[Quiet]

so even if your complex is gated and locked you cant carry concealed?

Correct.