Open Carry Around My Aparment?

j_eclipse2001 · Mar 15, 2010

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I know there is no school nearby but I still want to make sure it is ok to OC around my apartment complex because there is a lake nearby and it would be nice to OC walk to the lake because the area I live in is unsafe.

I just want to make sure it is not against the law. Thanks

okboomer · Mar 15, 2010

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You would need to provide more information before we can recommend the proper authority for you to consult.

What City/State are you a current resident in?

Are there any relevant/restrictive city ordinances that should be considered?

If you are a troll, then please disregard my post as I will only begin to entertain myself by twitting you :lol:

younggun20 · Mar 15, 2010

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Like said above it may depend on state and city regulations. I do open carry aound my complex everyday with no confrontation..

well funny story last weekend I was OCing while walking my dog a long haired
chihuahua, and i was confronted by an elderly lady who noticed the pistol on my hip. Her response was "Oh i've never seen a gay man with such a big gun.. Or a straight man with such a small dog." It stopped me in my tracks I was speechless. I had no idea how to respond.

MKEgal · Mar 17, 2010

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younggun20 wrote:

"I've never seen a gay man with such a big gun.. Or a straight man with such a small
dog." It stopped me in my tracks I was speechless. I had no idea how to respond.

I'd've laughed with her.

As for the OP, as long as your complex or city doesn't have rules against it, have fun.

younggun20 · Mar 17, 2010

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Laughing was all i could do.:lol:

SsevenN · Mar 19, 2010

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younggun20 wrote:

Like said above it may depend on state and city regulations. I do open carry aound my complex everyday with no confrontation..

well funny story last weekend I was OCing while walking my dog a long haired
chihuahua, and i was confronted by an elderly lady who noticed the pistol on my hip. Her response was "Oh i've never seen a gay man with such a big gun.. Or a straight man with such a small dog." It stopped me in my tracks I was speechless. I had no idea how to respond.

Lol! Pwned by an old lady.:celebrate

Task Force 16 · Mar 20, 2010

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younggun20 wrote:

Like said above it may depend on state and city regulations. I do open carry aound my complex everyday with no confrontation..

well funny story last weekend I was OCing while walking my dog a long haired
chihuahua, and i was confronted by an elderly lady who noticed the pistol on my hip. Her response was "Oh i've never seen a gay man with such a big gun.. Or a straight man with such a small dog." It stopped me in my tracks I was speechless. I had no idea how to respond.

That's what ya call a double barrelled "raggin." :what:

If you had tried to offer a comeback, I gotta feeling that old aldy would have had you for lunch. She's sharp. :lol:

AbNo · Mar 22, 2010

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j_eclipse2001 wrote:

I know there is no school nearby but I still want to make sure it is ok to OC around my apartment complex because there is a lake nearby and it would be nice to OC walk to the lake because the area I live in is unsafe.

I just want to make sure it is not against the law. Thanks

Well, we don't know where you live, since you didn't say, and it's not in your profile.

Over here in Virginia, this came up back in August, actually.
younggun20 wrote: [/b]

well funny story last weekend I was OCing while walking my dog a long haired
chihuahua, and i was confronted by an elderly lady who noticed the pistol on my hip. Her response was "Oh i've never seen a gay man with such a big gun.. Or a straight man with such a small dog." It stopped me in my tracks I was speechless. I had no idea how to respond.

:what: :lol:

TheHossUSMC · Apr 13, 2010

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Inside your apartment you are king. Outside including any type of landing you are in the public domain and any local state/ city laws apply to you. Some states restrict open carry only near schools, but you would have to be very close for it to apply usually 1000 ft. There are many less than lethal options, tasers, pepper spray, baton, knives, etc.. if you live in a fascist state *cough*California *cough*.

AbNo · Apr 13, 2010

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TheHossUSMC wrote:

Outside including any type of landing you are in the public domain and any local state/ city laws apply to you.

That's a negative, Ghost Rider. Transmit again.

Unless you live in some kind of section 8 housing, apartment grounds are private property.

TheHossUSMC · Apr 13, 2010

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It IS private property, but not yours. If the apartment complex allows it thats different but I meant public space in the sense that you are outside your domicile.

UtahJarhead · Apr 13, 2010

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Perhaps in your state, but PLEASE do not spread information like that without knowledge of the state the OP is from. That's potentially some VERY dangerous advice!

eye95 · Apr 13, 2010

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I don't know about the OP's State, but we have a member here in Alabama whose lease forbids handguns. Even if the law allows carry in your own apartment, regardless of the property owner's wishes (I don't know whether it does or does not), signing such a lease creates a contractual agreement not to exercise the RKBA in the apartment.

So, in addition to all the legal intricacies of whatever state the OP is from, a pertinent question is, "What does his lease say?"

UtahJarhead · Apr 13, 2010

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In some places, correct. Places like here in Utah, the state Constitution has preemption and you CANNOT force a tenant to forget his RKBA. It specifically states anybody in their own residence, whether rented or if they own it, no matter where they're living, they're legally allowed to own and carry a firearm. The wording our constitution uses is their 'habitation'. If you've living in a motor home at the time, so be it. That's your habitation. Hotel room, Motel room, wherever!

eye95 · Apr 13, 2010

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UtahJarhead wrote:

In some places, correct. Places like here in Utah, the state Constitution has preemption and you CANNOT force a tenant to forget his RKBA. It specifically states anybody in their own residence, whether rented or if they own it, no matter where they're living, they're legally allowed to own and carry a firearm. The wording our constitution uses is their 'habitation'. If you've living in a motor home at the time, so be it. That's your habitation. Hotel room, Motel room, wherever!

Does it specifically prohibit promising not to exercise a right in a contract? If it doesn't, then the long-accepted principles of contract law that permit one to contractually promise not to exercise a right should prevail.

Is the original poster from Utah?

UtahJarhead · Apr 13, 2010

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Nobody knows. I was just stating that without knowing the state he's from, we can't make judgement calls on what he is or isn't permitted to do.

younggun20 · May 6, 2010

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UtahJarhead wrote:

In some places, correct. Places like here in Utah, the state Constitution has preemption and you CANNOT force a tenant to forget his RKBA. It specifically states anybody in their own residence, whether rented or if they own it, no matter where they're living, they're legally allowed to own and carry a firearm. The wording our constitution uses is their 'habitation'. If you've living in a motor home at the time, so be it. That's your habitation. Hotel room, Motel room, wherever!

I live in UT in west valley at the time and I OCed around my apt all the time: to and from the car, on the BBQ, and even in the front office many times with no problems. a few questions and only one odd encounter

Leverdude · May 14, 2010

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UtahJarhead wrote:

Nobody knows. I was just stating that without knowing the state he's from, we can't make judgement calls on what he is or isn't permitted to do.

Yup. In NYS you cant carry openly anywhere, including your yard, unless you are in the woods hunting.

in CT you cannot carry at all outside your house or place of business without a permit. With a permit concealed or open is legal.

In Illinois you cannot carry a loaded gun period. states vary & blanket statements regarding firearms law are almost always wrong someplace.

ComradeV · May 14, 2010

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in IL, you're good to go on carrying loaded in your own domicile or if given permission by the person in control of the property.

This second part is a recent change to the exception of the Unlawful use of Weapons law.

So in IL your own private property or if given permission by a private property owner on their private property you're exempt from being charged with unlawful use of weapons so you can carry whatever you're legally allowed to own.

UtahJarhead · May 14, 2010

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ComradeV wrote:

in IL, you're good to go on carrying loaded in your own domicile or if given permission by the person in control of the property.

This second part is a recent change to the exception of the Unlawful use of Weapons law.

So in IL your own private property or if given permission by a private property owner on their private property you're exempt from being charged with unlawful use of weapons so you can carry whatever you're legally allowed to own.

What about Chicago?

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