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CCW on Apartment Complex Property

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  • 02psd
    Junior Member
    • Feb 2011
    • 92

    CCW on Apartment Complex Property

    I have been reading through this forum for a little bit of time now. Originally I joined to learn the rules of how to legally put together an AR-15 and to research different parts for it. I quickly found myself reading this section of the forum exclusively. I am not originally from California so I am trying to learn as much as the laws regarding firearms as I can, since being from Texas these are all pretty new to me. However my question at hand is regarding this thread: http://www.calguns.net/calgunforum/s...d.php?t=404579. If I have read this correctly, the member was on his apartment complex property when the grip of his concealed weapon was accidentally exposed in view of a local LEO. The LEO then began to treat him as guilty until proven innocent. My question is whether the apartment complex parking lot is considered private property? And if it is, is a CCW even necessary in that situation (on private property)? I suppose that my question is am I legally allowed to carry concealed in the parking lot of my apartment complex like when I take the trash out late at night(anytime of day really) or go get something from my truck? Sorry for such the long post (on what I am pretty sure is my first post on this site). Thanks for the help.
  • #2
    Bill Carson
    Veteran Member
    • Nov 2009
    • 3574

    Not without a CCW

    Comment

    • #3
      nukechaser
      Member
      • Jan 2009
      • 195

      and welcome to the forum!
      "Dude, have you even read the Constitution?"
      sigpic

      Comment

      • #4
        CalBear
        Veteran Member
        • Aug 2010
        • 4279

        For the purposes of gun free school zone laws, concealed weapon laws, and loaded firearm laws, I advise you to assume private = fully enclosed with public access restricted.

        Comment

        • #5
          Cokebottle
          Señor Member
          CGN Contributor - Lifetime
          • Oct 2009
          • 32373

          Originally posted by CalBear
          For the purposes of gun free school zone laws, concealed weapon laws, and loaded firearm laws, I advise you to assume private = fully enclosed with public access restricted.
          Which would not include even a gated community/apartment/condo complex, since, not being the owner, he does not have the right to refuse permission to pass or to eject someone.
          - Rich

          Originally posted by dantodd
          A just government will not be overthrown by force or violence because the people have no incentive to overthrow a just government. If a small minority of people attempt such an insurrection to grab power and enslave the people, the RKBA of the whole is our insurance against their success.

          Comment

          • #6
            CalBear
            Veteran Member
            • Aug 2010
            • 4279

            Originally posted by Cokebottle
            Which would not include even a gated community/apartment/condo complex, since, not being the owner, he does not have the right to refuse permission to pass or to eject someone.
            Right. At least in the case of businesses, the courts have required the person to have some authority to kick people out.

            Comment

            • #7
              Librarian
              Admin and Poltergeist
              CGN Contributor - Lifetime
              • Oct 2005
              • 44633

              All correct so far.

              The common areas of an apartment complex are NOT private in the same sense as the inside of your apartment.

              So, without CCW, you may not carry outside your apartment.

              The case law on point is People v Overturf; see the wiki: http://wiki.calgunsfoundation.org/in...oncealed_Carry
              ARCHIVED Calguns Foundation Wiki here: http://web.archive.org/web/201908310...itle=Main_Page

              Frozen in 2015, it is falling out of date and I can no longer edit the content. But much of it is still good!

              Comment

              • #8
                2Bear
                Senior Member
                • Feb 2008
                • 1696

                The good news is, you may soon be able to get a CCW merely by applying for one.

                (Shudder!)

                That should be in two weeks.

                (Everything is due in 2 weeks, a running joke here. Welcome aboard. And while it may take longer than 2 weeks, I'm serious about your CCW...)
                sigpic Lucky you.

                Comment

                • #9
                  CalBear
                  Veteran Member
                  • Aug 2010
                  • 4279

                  Originally posted by 2Bear
                  (Everything is due in 2 weeks, a running joke here. Welcome aboard. And while it may take longer than 2 weeks, I'm serious about your CCW...)
                  Everything does happen in 2 weeks. We've just altered the definition of a week!

                  Comment

                  • #10
                    02psd
                    Junior Member
                    • Feb 2011
                    • 92

                    Librarian, thanks for the link with proof. And thanks to everyone for the quick responses. From reading through the rest of this forum, it looks like we all are about to get a bunch of good news in two weeks.

                    Comment

                    • #11
                      Kid Stanislaus
                      Veteran Member
                      • Dec 2008
                      • 4419

                      The best news I could get in two weeks is that my wife, girlfriend and 14 yr. old daughter are not all overdue!
                      Things usually turn out best for those who make the best of how things turn out.

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