CCW in Apartment Complex w/o permit, CA?


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KC&97TA
August 13, 2006, 11:39 PM
I live in southern CA, an often when cleaining my guns I'll have to run outside to the garage to retrieve a tool or a pack of smokes and I've packed my gun down the back of my pants to keep me company, that's like 100ft from the front door though. I've only taken my pistol outside in plain view once, while waiting for the Police to come, for a domestic assult call made on one of the neighbors that I witnessed, which the Police didn't make any comments about.

So the Real question is: While on rented property, inside of the apartment complex gates, is it like being on a large chunk of private land? Can I carry my gun when I walk to the dog to the park that is contained inside the complex?

This is a large complex and I've recently found out there are 3 registered sex offenders liveing here, one is just 2 buildings down, convicted of rape, the other 2 are child molesters. I'm not all too worried about these guys, I'm just a Marine, that feels naked with out a gun.

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crazed_ss
August 13, 2006, 11:59 PM
Not a good idea IMO. I live in a condo. When guns come out of my place, they're unloaded and in a case.. in the case of pistols, said case is padlocked. I dont think apartment and condo common areas count as a collective private private so carrying w/o a permit would be illegal. I could be wrong..

Librarian
August 14, 2006, 03:15 AM
I think crazed_ss has it right - for 'private property' or 'residence' purposes, the general run of opinion is that you get to carry inside the door of your rented apartment. All the rest is 'public', and it is illegal in CA to carry concealed in public without CCW.

solareclipse
August 14, 2006, 04:31 AM
it's not public, it is the leasing company's property. you can carry on the premises however if they want to press charges, you are out of luck.

Creeping Incrementalism
August 14, 2006, 02:43 PM
Press charges for what? CCW laws affect land owned by the government only!

On a side note, if anyone here has never done a search of sex offenders in your area, you'd probably be pretty surprised if you did. There is practically no residence in urban or surbaban areas farther than a mile from a registered sex offender's address, or last known address, since many of them haven't registered. I think most people have at least one within a thousand feet of their house.

Librarian
August 14, 2006, 04:06 PM
it's not public, it is the leasing company's property. you can carry on the premises however if they want to press charges, you are out of luck.'public' in the sense of not 'yours or under your control', as in PC 12026 ... anywhere 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 which is the California split between where you can carry without CCW (as quoted) and where you need CCW (everywhere else, or with permission of the owner on private property).

Third_Rail
August 14, 2006, 04:53 PM
Here in the apartment complex in CT, it's more of ranch-style houses. About 25% of the people I've met here carry 16/7.

billwiese
August 14, 2006, 04:59 PM
Y'all should buy and read How to Own a Gun in California and Stay Out Of Jail, by John Machtinger, a gunnie and lawyer.

As I recall, something approximating the original poster's situation was even discussed there in detail - in regards to an apartment manger on his own property. (I do not believe apt mgr was a resident.) Bottom line: it's a public-access area, even if access is restricted to just residents.

If you're CCWing w/o permit outside of your apartment or condo, that's a public area. Don't rely, either, on fractional ownership in a condo homeowner's association to allow you to CCW outside your front door...

Bill Wiese
San Jose CA

KC&97TA
August 15, 2006, 04:03 AM
I'm going to take a look around for this book, looks like it would be less than $20 online. More reason to move back to the Midwest after the GI Joe Adventure is over.

billwiese
August 15, 2006, 04:44 AM
KC98TA...

I'm going to take a look around for this book, looks like it would be less than $20 online. More reason to move back to the Midwest after the GI Joe Adventure is over.

Um, this really won't change too much outside CA for non-CCW holders. It's just that CCW is easier to get. But if you don't have a CCW, CCWing in a public area is still a no-no, and apartment common areas will likely be regarded roughly the same in CA as in other states.

Bill Wiese
San Jose

KC&97TA
August 15, 2006, 06:15 PM
Um, this really won't change too much outside CA for non-CCW holders. It's just that CCW is easier to get. But if you don't have a CCW, CCWing in a public area is still a no-no, and apartment common areas will likely be regarded roughly the same in CA as in other states.


It would be much easier if CA would recognize my MN CCW like they do my Drivers Licence.

Librarian
August 15, 2006, 09:13 PM
It would be much easier if CA would recognize my MN CCW like they do my Drivers Licence.First we have to get them to honor CA's, like issue them to regular folks who happen to live in counties with more than 100,000 residents. Or go Vermont - the Bad Guys (TM) already carry without a piece of paper.

Liberal Gun Nut
August 15, 2006, 09:26 PM
Read this thread:

http://californiaccw.org/posts/list/267.page

ArmedBear
August 15, 2006, 11:09 PM
It is not legal to CCW outside your apartment, without a permit. Doing what you did, you'd be at the mercy of a cop; he might or might not cite you. As a Marine, you might get a pass, especially the first time, but maybe not. Depends on where you live, the attitude of the cop, the attitude of the city, etc.

On the other hand, it IS legal in CA -- spelled out in the law -- to carry a gun in a populated area when a reasonable person would surmise that there is a genuine threat. That would be why the cop wouldn't have said anything in the situation you described, particularly if you carried openly. If there is a violent crime in progress, or you genuinely believe there could be, you're allowed to carry a gun for defensive purposes, but only as long as there's an immediate threat. That wouldn't protect you if you're just carrying the thing around.

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