Results 1 to 4 of 4

Thread: what is my 'residence'?

  1. #1
    Regular Member
    Join Date
    Jun 2008
    Location
    , ,
    Posts
    7

    Post imported post

    OK, I have no CCW (yet) and the Castle Doctrine is still more than 2 months away. I live in an apartment. I read that the error in their litigation makes it TECHNICALLY illegal to conceal a weapon in one's own residence. So I OC around the house. When I need to walk down the driveway to get the mail, I leave my holster behind. I could OC legally, but I don't exactly want my neighbors to know I've got guns. Now, once the Castle Doctrine does come into effect, I will be allowed to legally CC in my own 'residence'. Here's the question some of you probably allready know is coming... Is just my apartment my residence, or is also the drive that goes around the other apartment buildings, the landscaped areas, and the walk to the mailbox my 'residence'? That would then allow me to CC to get the mail. Thanks.

  2. #2
    Regular Member
    Join Date
    Mar 2007
    Location
    , ,
    Posts
    1,882

    Post imported post

    You have an affirmative defense to the charge of carrying a concealed weapon in your own home, even as the law stands now:

    http://codes.ohio.gov/orc/2923.12- paragraph E.

    I'm not sure if that equally covers the surrounding property, or common areas in an apartment complex. I suspect not (it does say "inthe actor's own home"), and I'm not volunteering to be a "test case" - I've racked up enough jail time for a while.

    -ljp

  3. #3
    Regular Member
    Join Date
    Jun 2008
    Location
    , ,
    Posts
    7

    Post imported post

    Thanks for your reply. That's good to know I can CC at home as well, since the guns in my safe are also considered 'concealed'!!! I read the part that stated "in the actor's own home" but I just wondered if there was any consideration on the meaning when applied to an outdoor apartment environment. There's a lot of "shared" ground.

    On the other hand, I suppose if it were a single family house in the usual set-up with the mail box at the roadside, "in the actor's own home" would mean the walk OUT of the home to the mailbox would be an illegal CC without the CCW...... am I thinking too hard? is there any legislation defining the parameters of one's 'home' or 'residence'?

    Thanks again!

  4. #4
    Regular Member
    Join Date
    Mar 2007
    Location
    , ,
    Posts
    1,882

    Post imported post

    Well lawyers make their livings parsing phrases like that, and it's not always obvious what these things mean. It's often necessary for some court to rule as to what it means, and then the appellate courts, etc. ad infinitum. No fun when it's your liberty and good name in the balance.

    I don't know if "home" extends to common areas held in tenancy. Good question. I'm sure it would be trespassing if a non-resident at your apartments came on the property for the purpose of committing a crime, but I'm not sure if any and all tenants would have a cause of action, or just the affected party and/or the landlord.

    Get the permit and save yourself having to spend a ton of money for a definitive answer to this. The police have told me in no uncertain terms that they expect people to get permits if they want to go about armed, and if you're toting guns without one, they assume there's a reason you can't get one. Being a cheap bastard is not an acceptable answer (I tried that, in addition to the "I don't need one" response. That didn't work either).

    -ljp

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •