Unlicensed Carry in Apartment Complex?

[40calPUNISHER]

When you live in an apartment complex are you allowed to carry a handgun without a LTCH? Technically it's private property. As long as the owners have not/don't say anything to you about it, it's legal right? Just like fishing in an apartment complex with no fishing license... right?

 

[Scutter01]

There have been a couple of discussions on this subject on INGO. Inside your apartment, it's legal, but I think the common areas (including the welcome mat outside your door) are offlimits without a license.

 

[Joe Williams]

There have been a couple of discussions on this subject on INGO. Inside your apartment, it's legal, but I think the common areas (including the welcome mat outside your door) are offlimits without a license.

What he said. The only part that is legally "your" property is your apartment. Laundry rooms, hallways, parking lots, anything outside your door or off your balcony (assuming you have a private balcony) is not yours.

 

[40calPUNISHER]

If anyone has a link I would appreciate it. I just tried some more searches to find something on this and could not find any... I have never been good using the search feature.

 

[Scutter01]

From another thread:

https://www.indianagunowners.com/fo.../39132-carry_with_no_ltch_in_my_dwelling.html

POLICE PROSECUTOR UPDATE - APRIL 2002

CARRYING A HANDGUN WITHOUT A LICENSE - "CURTILEGE";
MIRANDA PUBLIC SAFETY EXCEPTION

The first issue we will examine requires looking at the January 2001 issue of the PPU. One of the cases discussed there involved a determination of what constitutes a "dwelling" for purposes of the law criminalizing Carrying a Handgun Without a License.

Police were dispatched to the defendant's apartment building to investigate a domestic disturbance involving a male and a female, with the male wearing a tan shirt and dark pants and possibly armed. Upon arrival at the apartment building, the officer walked into the building, entering the common hallway. He then heard yelling coming from the defendant's apartment. While the officer was waiting for a backup, the apartment door flew open, and the defendant, who matched the description given the officer, came out of the apartment and took "two or three steps" into the common hallway area. The officer stopped him and patted him down in the hallway, finding a loaded handgun in the defendant's pants pocket. The defendant was convicted of carrying a handgun without a license.

The Court of Appeals reversed the conviction, observing that people treat "the area immediately outside of his or her apartment home as his or her curtilage," which is really just an extension of the dwelling. Thus, the court held that the area immediately outside a person's apartment is part of that person's dwelling.

The State appealed the ruling to the Indiana Supreme Court, who held that the Court of Appeals was wrong and affirmed the defendant's conviction. The doctrine of curtilage does not apply. The statute prohibiting carrying a handgun without a license designates a person's dwelling as an exception, but not the curtilage. A dwelling is a person's "home or place of lodging." Thus, "dwelling" does not include the common areas serving a person's apartment, such as common halls, entryways, elevators, parking garages, and common facilities provided for tenant laundry, mail, and other conveniences.

Robertson v. State, ___ N.E.2d ___ (Ind. 3/27/02).

 

[SMiller]

Sounds like inside your app. and 8ft outside of your door only. I know parking lots and other areas are off limits.

 

[Paco Bedejo]

Sounds like inside your app. and 8ft outside of your door only. I know parking lots and other areas are off limits.

Might wanna back up & reread Scutter's post again...

+1 for Scutter

 

[GuyRelford]

When you live in an apartment complex are you allowed to carry a handgun without a LTCH? Technically it's private property. As long as the owners have not/don't say anything to you about it, it's legal right? Just like fishing in an apartment complex with no fishing license... right?

As Scutter points out - There is an Indiana case directly on point. In Robertson v. State, 765 N.E.2d 138 (Ind. 2002), the Indiana Supreme Court held that the hallway immediately outside the defendant's apartment was neither his "dwelling" nor his "property" under Indiana law, and affirmed his conviction for carrying a handgun without a LTCH. (And if you had attended my Comprehensive Indiana Gun Law course, you'd already know that!)

 

[Scutter01]

(And if you had attended my Comprehensive Indiana Gun Law course, you'd already know that!)

Or if you'd read my post 4 above this one, you'd know it too...

 

[GuyRelford]

Or if you'd read my post 4 above this one, you'd know it too...

Exactly - I just edited my post accordingly!!!

 

[iamaclone45]

I've always wondered about this. Inside my apartment I don't worry about it, but if I'm leaving to take out the trash, pay rent at the clubhouse, etc I try to make sure I have my LTCH on me.

My apartment lease mentions nothing about firearms so I just assume they are ok with them and I keep them pretty hidden that way the maintenance/management staff don't come across them.

 

[Paco Bedejo]

I've always wondered about this. Inside my apartment I don't worry about it, but if I'm leaving to take out the trash, pay rent at the clubhouse, etc I try to make sure I have my LTCH on me.

My apartment lease mentions nothing about firearms so I just assume they are ok with them and I keep them pretty hidden that way the maintenance/management staff don't come across them.

My holster & wallet go everywhere together...

 

[SMiller]

I sure am glad I didn't read the entire post, the extra 10sec. it would have took me to read it would be way to much, sorry guys, I re-read it and seen the second part, out side anywhere is bad!