[atek3]

So I live in a co-op. Basically it is like a privately owned dorm filled w/ college students. Recently a house fight escalated and someone called his 'thugz life' brothers over and they were fixing to 'screw someone up'. It's uncertain if weapons were on them. I know in public places you are obligated to retreat until no retreat is possible then if given no other reasonable alternatives lethal force may be used. I'm also aware of the 'castle rule' for home defense. However, does the common area of my privately owned co-op (of which I'm a shareholder) consitute my home or only my room. Long story short, if thugs were breaking our stuff and attempting to hurt people could I order them to leave my house? And if they tried to attack me, defend myself using the most effective tools possible?

thanks,
atek3

[Thumper]

Where are you?

[atek3]

PRK
sorry forgot that part :)

[Jim March]

I can just imagine you sticking one up the pipe on that Tikka (bolt-action 223 serious target rifle), slapping a 5rd mag in it, and standing off a buncha "gangstas".

The coroner's report the next day would be hilarious: "wow, all of 'em were hit in the left eye!"

:D

Anyways. I don't know if the commons area of that dorm could be described as "your home". It doesn't appear to be a stretch though. Plus, California law on self defense is surprisingly good in two areas: there's no "duty to retreat" and defense of another is allowed - as long as you have reason to fear that innocent life is at risk (or "threat of great bodily injury") from criminal attack, you can fire.

Now, the dorm might chuck you out, or they might all catch a sudden case of the smarts. Hard to say. But I don't *think* a dorm weapons violation affects murder charges or lack thereof.

[atek3]

anyone familiar w/ the Cal Justice system willing to chime in?
atek3

[Old Fuff]

I suggest you listen to Jim March. He is an active and very knowledgeable firearms advocate in California with considerable experience with that State's statutes.

[atek3]

I know Jim well, however he and I are both uncertain on the status of common areas.

atek3

[Old Fuff]

O.K., now I understand. In that case you may need to talk to a lawyer. A lot may depend on how you're lease, contract or rental agreement is written. The devil is usually in the fine print.

[scottgun]

No, common areas do not fall under the Castle Doctrine. Although each state is different, in a case where two men in Florida got into a fight in the hallway of their apartment complex. One man shot the other and claimed the Castle Doctrine defense. He was found guilty because he failed to retreat into his apartment. The other person had just as much right to be in the common area as he did. Its not your castle if its shared with others.

Tell the thugs to leave, tell them you are going to call the cops, go call the cops and remove yourself from the situation.

[clubsoda22]

whoever owns the co-op might not be too friendly with you having a gun. Watch out for college policies and such. I happen to be a college student as well, I ignore the policies, but not even my friends know what's in the locked drawer. You'd have to be crazy not to have a gun in this town.

[Carlos]

clubsoda, he's part owner of the place. Unsure how the other shareholders would feel.

I like the cop idea. The gangstas want to go further, then it sounds like you can deal with them legally (lethal force).

Good luck.

[atek3]

I never admitted having firearms in my co-op in my posts. :cool:
Sticky pickle of an issue though.
If some total thugnose was beating on a co-op-mate and he was crying for help I don't think calling the cops would do it. They'd show up afterwards, take a description of the thug and that would be the last we heard of that.
But thanks for all the tips :)

atek3