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Thread: Guns in apartments?

  1. #1
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    First things first, I'm new to OpenCarry.org, so hi! I'm a college student in the gun-hating Sonoma County.

    I was browsing the forums and read something questioning the legality of having a loaded firearm in my own apartment. For the life of me I could not find the post a second time. Since the property is shared with other tenants, it was mentioned it can be considered a public space. The way I understood it is, I rent the structure but not the land, which provides legal complications with firearms. I have a feeling I read something wrong and it's completely legal or the poster was confused, but I wanted to run it by you folks for some feedback.

    I guess to sum it up: can I legally have a loaded and concealed handgun in my apartment (where I am the sole occupant of my unit)?

    And second, has anyone had any experience with OC in Sonoma or Napa county? I'd love to know what I'm in for!

  2. #2
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    Well, the way I understand it:

    When I rent/lease an apartment that property remains mine for the term of my rental/lease agreement. I am allowed to carry and possess loaded IN my apartment, but once I walk outside the door I am no longer on "my" property and can not carry loaded or concealed without a CCW.



    jwarren116 wrote:
    First things first, I'm new to OpenCarry.org, so hi! I'm a college student in the gun-hating Sonoma County.

    I was browsing the forums and read something questioning the legality of having a loaded firearm in my own apartment. For the life of me I could not find the post a second time. Since the property is shared with other tenants, it was mentioned it can be considered a public space. The way I understood it is, I rent the structure but not the land, which provides legal complications with firearms. I have a feeling I read something wrong and it's completely legal or the poster was confused, but I wanted to run it by you folks for some feedback.

    I guess to sum it up: can I legally have a loaded and concealed handgun in my apartment (where I am the sole occupant of my unit)?

    And second, has anyone had any experience with OC in Sonoma or Napa county? I'd love to know what I'm in for!

  3. #3
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    is it defined where one's apartment ends and begins? is a private balcony outside my door that isn't shared by any other tenants still considered part of my property? or is it immediately considered a common area?

    welcome, jwarren...

  4. #4
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    Thanks guys, that's what I assumed, but I wanted to double check.

  5. #5
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    I remember that thread; I think it was about loaded/concealed carry on 'private property.' The poster was asking about a common area between his living unit and storage unit or garage, I think.

    As long as your apartment is not on campus, you should be in the clear.

    Common areas are just like any other area open to the public. A good rule to keep in mind is: if they don't have to jump a fence (or balcany wall) or force entry (like breaking through a locked gate), then it is 'public.' This means no loaded open carry or concealed carry in your balcony/porch/yard unless it is fully enclosed and locked.
    Participant in the Free State Project - "Liberty in Our Lifetime" - www.freestateproject.org
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