apt living - The Firearms Forum

Curtis R · 04-27-2012, 07:27 PM

Ok guys and gals I live in a apt building. There is a sign as you enter the area from the road that states this is private property. The police do patrol thru here. As this is my home, do you think its lawful for me to carry my weapon concealed or in my pocket(partaly visable). This state has a open carry law Ijust do not want a run in with 5 0 if my shirt covers the weapon cuz of wind or something like that. Carry concealed is legal on your property, Iguess i'm asking does that include the yard area of a apt complex. thanks in advance

Curtis

Alpo · 04-27-2012, 07:51 PM

I'm not a lawyer, so take this for what it is, but I think - no. If you were renting a house, then the yard is part of the house, and you could carry in it. But in a multiple-family dwelling, the yard is not just yours, but it belongs to all the tenants. So I don't think "my yard" would cover you.

Why not get a carry permit? Then the problem goes away.

JohnHenry · 04-27-2012, 08:42 PM

Pretty sure that Alpo is correct .... you're only renting the space inside the walls.

My daughter and her family live in Cary N.C. and that's the way it's been explained
to her.

Curtis R · 04-27-2012, 09:29 PM

cool my daughter lives in cary also. As far as getting my ccw, it's in the works

bobski · 04-27-2012, 09:30 PM

is the yard common space?
or is it sectioned to your apt only?
and...what is your land owners rules in the lease?
you are borrowing land when you rent.
he owns it.

if you dont have a ccw license, you cant carry it ccw. if you have a open carry law, does it require a license? if so, and you dont have it, you best keep that heat out of public view.

bobski · 04-27-2012, 09:32 PM

might be a good reason to ask the landlord what his policy is.

Munch · 04-28-2012, 12:53 AM

I live in an apartment also. I have for a long time, and every lease that I remember has stated that renting only includes the interior spaces of the leased area. And that all outdoors are community area. Just like you have to keep the noise inside your apartment, I find it good practice to keep the firearms inside also.

Curtis R · 04-28-2012, 01:31 PM

Thanks all. You have given me points to ponder.

Bobitis · 04-28-2012, 02:48 PM

Curtis, I too am not an attorney, but...

I live in an open carry state. As such, I can pretty much carry anywhere. In my mind, a 'common' area is just that. Public.

A couple years ago, a firearm discharged at a city park and the Mayor of Seattle went on a rampage. He wanted to outlaw all firearms in public parks and took it to the courts. He was promptly spanked for thinking he could override the States Constitution.

Yes, your lanlord owns the property. He/she also states what are public areas within the property. What does the law state? If he's trying to usurp it, he has another thing coming. Violating civil rights come to mind.

Good luck and keep us posted.

Curtis R · 04-28-2012, 06:08 PM

The front office doesnt seem to mind me carring I have done it many times in the office was just wondering if it had to be open in the open areas of the complex (outside). So it seems the general thoughts are it has to be seen. I really want to stay within the laws wether I agree with them or not.

jstgsn · 04-28-2012, 08:28 PM

In my humble opinion I would suggest a couple things while living in an apartment. Buy a fire safe and a gun safe and use them both. If you are open carry, there will be times when you won't have the gun with you. Swimming etc. and as you have been seen carrying, people will know it's in the apartment. Make sure it's locked up. Apartment doors, front and patio, are notorious for being easy targets.
Good luck an keep us posted on how things are going.
fred

Curtis R · 04-29-2012, 10:31 AM

Yep I got a lot of looks from my new naboughers when i lugged my gun safe into my digs. kept my rifles wraped up but they know they are up here. funny, I have no problems with any body in the complex.

Curtis R · 04-29-2012, 10:32 AM

And thank you all for your advise.

Iron Eagle · 04-29-2012, 03:22 PM

Curtis, always take the safe route- it is best not to advertise. It is safer to let them wonder. Is the neighborhood safe? Just wondering.

Curtis R · 04-30-2012, 05:52 PM

Eagle for the most part but I have openly carried a gun the whole time so does it "seem safe" to me or is it really "safe"? All it takes is that one thug or group. I have grown up in the west and east coasts, nowere seems safe to me for someone unprepared.

04-27-2012, 07:27 PM	#1
Curtis R V.I.P. Member Join Date: Jan 2012 Location: N.C. Posts: 289	apt living Ok guys and gals I live in a apt building. There is a sign as you enter the area from the road that states this is private property. The police do patrol thru here. As this is my home, do you think its lawful for me to carry my weapon concealed or in my pocket(partaly visable). This state has a open carry law Ijust do not want a run in with 5 0 if my shirt covers the weapon cuz of wind or something like that. Carry concealed is legal on your property, Iguess i'm asking does that include the yard area of a apt complex. thanks in advance Curtis -->

04-27-2012, 07:51 PM	#2
Alpo Advanced Senior Member Join Date: Feb 2007 Location: NW Florida Posts: 8,658	Re: apt living I'm not a lawyer, so take this for what it is, but I think - no. If you were renting a house, then the yard is part of the house, and you could carry in it. But in a multiple-family dwelling, the yard is not just yours, but it belongs to all the tenants. So I don't think "my yard" would cover you. Why not get a carry permit? Then the problem goes away. __________________ Meddle not in the affairs of dragons, for thou art crunchy, and taste good with catsup - George of Lod, Year of Our Lord 297 I always take precautions. Beware the Evil Bullet Fairies.

04-27-2012, 08:42 PM	#3
JohnHenry Advanced Senior Member Join Date: Apr 2011 Location: Livingston county, Michigan Posts: 1,216	Re: apt living Pretty sure that Alpo is correct .... you're only renting the space inside the walls. My daughter and her family live in Cary N.C. and that's the way it's been explained to her. __________________ Freedom .... Is Never Free ! We need Term Limits .... Send the "Professional Politicians" home . Last edited by JohnHenry; 04-27-2012 at 08:43 PM..

04-27-2012, 09:29 PM	#4
Curtis R V.I.P. Member Join Date: Jan 2012 Location: N.C. Posts: 289	Re: apt living cool my daughter lives in cary also. As far as getting my ccw, it's in the works

04-27-2012, 09:30 PM	#5
bobski Former Guest Join Date: Jan 2005 Location: va., conn., & mo. Posts: 948	Re: apt living is the yard common space? or is it sectioned to your apt only? and...what is your land owners rules in the lease? you are borrowing land when you rent. he owns it. if you dont have a ccw license, you cant carry it ccw. if you have a open carry law, does it require a license? if so, and you dont have it, you best keep that heat out of public view. Last edited by bobski; 04-27-2012 at 09:39 PM..

04-27-2012, 09:32 PM	#6
bobski Former Guest Join Date: Jan 2005 Location: va., conn., & mo. Posts: 948	Re: apt living might be a good reason to ask the landlord what his policy is. Last edited by bobski; 04-27-2012 at 09:36 PM..

04-28-2012, 12:53 AM	#7
Munch V.I.P. Member Join Date: May 2011 Location: Puyallup, WA. Posts: 317	Re: apt living I live in an apartment also. I have for a long time, and every lease that I remember has stated that renting only includes the interior spaces of the leased area. And that all outdoors are community area. Just like you have to keep the noise inside your apartment, I find it good practice to keep the firearms inside also.

04-28-2012, 01:31 PM	#8
Curtis R V.I.P. Member Join Date: Jan 2012 Location: N.C. Posts: 289	Re: apt living Thanks all. You have given me points to ponder.

04-28-2012, 02:48 PM	#9
Bobitis Advanced Senior Member Join Date: Apr 2009 Posts: 6,612	Re: apt living Curtis, I too am not an attorney, but... I live in an open carry state. As such, I can pretty much carry anywhere. In my mind, a 'common' area is just that. Public. A couple years ago, a firearm discharged at a city park and the Mayor of Seattle went on a rampage. He wanted to outlaw all firearms in public parks and took it to the courts. He was promptly spanked for thinking he could override the States Constitution. Yes, your lanlord owns the property. He/she also states what are public areas within the property. What does the law state? If he's trying to usurp it, he has another thing coming. Violating civil rights come to mind. Good luck and keep us posted. __________________ ^.^ A point in every direction is the same as having no point at all

04-28-2012, 06:08 PM	#10
Curtis R V.I.P. Member Join Date: Jan 2012 Location: N.C. Posts: 289	Re: apt living The front office doesnt seem to mind me carring I have done it many times in the office was just wondering if it had to be open in the open areas of the complex (outside). So it seems the general thoughts are it has to be seen. I really want to stay within the laws wether I agree with them or not.

04-28-2012, 08:28 PM	#11
jstgsn Advanced Senior Member Join Date: Nov 2009 Location: Milford, Delaware Contributor Posts: 1,271	Re: apt living In my humble opinion I would suggest a couple things while living in an apartment. Buy a fire safe and a gun safe and use them both. If you are open carry, there will be times when you won't have the gun with you. Swimming etc. and as you have been seen carrying, people will know it's in the apartment. Make sure it's locked up. Apartment doors, front and patio, are notorious for being easy targets. Good luck an keep us posted on how things are going. fred __________________ Don’t pick a fight with an old man. If he is too old to fight, he will just kill you.

04-29-2012, 10:31 AM	#12
Curtis R V.I.P. Member Join Date: Jan 2012 Location: N.C. Posts: 289	Re: apt living Yep I got a lot of looks from my new naboughers when i lugged my gun safe into my digs. kept my rifles wraped up but they know they are up here. funny, I have no problems with any body in the complex.

04-29-2012, 10:32 AM	#13
Curtis R V.I.P. Member Join Date: Jan 2012 Location: N.C. Posts: 289	Re: apt living And thank you all for your advise.

04-29-2012, 03:22 PM	#14
Iron Eagle Senior Member Join Date: Feb 2012 Location: Louisiana Posts: 654	Re: apt living Curtis, always take the safe route- it is best not to advertise. It is safer to let them wonder. Is the neighborhood safe? Just wondering.

04-30-2012, 05:52 PM	#15
Curtis R V.I.P. Member Join Date: Jan 2012 Location: N.C. Posts: 289	Re: apt living Eagle for the most part but I have openly carried a gun the whole time so does it "seem safe" to me or is it really "safe"? All it takes is that one thug or group. I have grown up in the west and east coasts, nowere seems safe to me for someone unprepared.