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No CHL apartment complex carry question

Posted: Fri Jul 22, 2011 12:54 pm
by Medic218
A guy I work with posed a question to me that I didn't have an answer for.
What are the legalities of carrying, with no CHL, at your apartment complex while taking out the trash.?
Thats it...apartment to dumpster back to apartment.
Smart money says no CHL then don't carry but I thought I'd check with you just just in case there was something else I'm not aware of.

Re: No CHL apartment complex carry question

Posted: Fri Jul 22, 2011 1:00 pm
by TxRVer
I'm no lawyer, but as I see it, you aren't on your property after you walk out the front door. Therefore, you'd have to have a CHL to carry. Maybe if the dumpster was on the way to your car, the MPA would cover you.

Re: No CHL apartment complex carry question

Posted: Fri Jul 22, 2011 1:27 pm
by Big Tuna
Unless he's the landlord or apartment management, the common areas are not his premises or premises under his control.

Re: No CHL apartment complex carry question

Posted: Fri Jul 22, 2011 1:31 pm
by Medic218
Big Tuna wrote:Unless he's the landlord or apartment management, the common areas are not his premises or premises under his control.
Thats what I was looking for. Thanks Tuna

Re: No CHL apartment complex carry question

Posted: Fri Jul 22, 2011 1:55 pm
by Rex B
The above answers are the correct legal answers.
However, if the complex is one where bad things happen, and my safety were in question when I take out the trash, I would have to take that into consideration when making my personal decision whether to carry. As they "Better to be judged by 12 than carried by 6"
Your friend needs to get a CHL.

Re: No CHL apartment complex carry question

Posted: Fri Jul 22, 2011 3:27 pm
by denwego
Thankfully we live in a nice apartment complex, but I do worry about the fiancée walking the dog alone at night, even if it's paranoia. She obviously doesn't carry since she doesn't have her CHL yet, but if there were a hurricane, widespread power outage, or other emergency situation where she had to be outside alone, it'd be better to explain why she had to be armed to a jury than have me explain to her family why she wasn't.

However, this implies a true emergency where there are no alternatives, which include (in order of severity)

- not living in a crappy apartment complex or neighborhood
- her being inside
- it being the day
- her carrying a 5" knife / taser
- her carrying a rifle / shotgun

If I didn't have a CHL and lived in a place where I felt like I needed a pistol to walk to the trash bin and back, I'd apply for my CHL and move. An ounce of prevention is a pound of cure, like they say.

I might lazy things up and drive to the bin like the fatter tenants of our complex do, also :lol:

Re: No CHL apartment complex carry question

Posted: Fri Jul 22, 2011 3:38 pm
by Rex B
Well, anyone could carry a loaded rifle anywhere, CHL or no.

Nothing says "Leave me alone" like an Ar15 on your shoulder :patriot:

Of course, the lease renewal negotiations might be a little tense.

Re: No CHL apartment complex carry question

Posted: Fri Jul 22, 2011 3:45 pm
by denwego
Rex B wrote:Well, anyone could carry a loaded rifle anywhere, CHL or no.

Nothing says "Leave me alone" like an Ar15 on your shoulder :patriot:

Of course, the lease renewal negotiations might be a little tense.
My point exactly... if you know beforehand that you need a gun in a certain situation, you probably need more than a handgun anyways. If you don't know beforehand that you need a gun, it's probably not worth the risk-benefit analysis to break the law and carry a handgun without a CHL... hence the long gun instead. The logic is all nice and circular :mrgreen:

Re: No CHL apartment complex carry question

Posted: Sat Jul 23, 2011 7:23 am
by Medic218
Rex B wrote:Your friend needs to get a CHL.
Oh I know, I told him that and even broke the cost down for him with his veteran status and his response was that he would like to get it but its just not a high priority right now. Oh well for him.....

Re: No CHL apartment complex carry question

Posted: Sat Jul 23, 2011 9:07 am
by Dragonfighter
MedicMan218 wrote:
Rex B wrote:Your friend needs to get a CHL.
Oh I know, I told him that and even broke the cost down for him with his veteran status and his response was that he would like to get it but its just not a high priority right now. Oh well for him.....
Let's hope he doesn't acquire a REASON to raise it on his priority list. It sounds, however, that he already has concerns and the fact that the thought even crossed his mind without signing up for a class immediately makes me question his wisdom.

Now I remember that for a few years after I got out of the army I "felt" perfectly capable of handling at least two attackers. I was more trained than the average bear and had a few encounters that bolstered this belief. Looking back I can see that this was testosterone driven arrogance. I still always had one (long gun or handgun depending on the legality of the circumstance) in the car.

Now that I am old, fat, bald, stiff and generally worn out, I hold no such illusions. I say all that to say this, depending on what he did, what he saw as far as action and his age, he may be where I was way back when. So though I may question his wisdom, I can understand the attitude.

Re: No CHL apartment complex carry question

Posted: Sun Jul 24, 2011 10:29 am
by alvins
i always carry my chl when i go outside of my apartment with my gun. Since i figure i dont really own anything here and my rented space stops at my front door i think I need it. BUT i live in a nice complex surrounded by ghetto so its not really safe to be walking around at night without a weapon.

Re: No CHL apartment complex carry question

Posted: Sun Jul 24, 2011 11:52 am
by Medic218
Well, he was(is) a Marine and I know he did at least one tour in the dunes and not sure what his MOS was when he was in but I figured out, after talking to him a bit, its just a matter of money to him. As far as I know he only has a service model XD which he thinks he can't conceal(tried to educate him but he seems stubborn). He also hates working any overtime although it is readily available where we work. So, in his mind he would have to work some OT to be able to A) pay for the class and the state fees and B) buy a new gun that he could hide a little better. He would only have to work maybe 20 extra hrs a week(2 shifts) and he could almost have that taken care of......but he just isn't willing to put in the work.

Re: No CHL apartment complex carry question

Posted: Sun Jul 24, 2011 12:31 pm
by Dragonfighter
MedicMan218 wrote:Well, he was(is) a Marine and I know he did at least one tour in the dunes and not sure what his MOS was when he was in but I figured out, after talking to him a bit, its just a matter of money to him. As far as I know he only has a service model XD which he thinks he can't conceal(tried to educate him but he seems stubborn). He also hates working any overtime although it is readily available where we work. So, in his mind he would have to work some OT to be able to A) pay for the class and the state fees and B) buy a new gun that he could hide a little better. He would only have to work maybe 20 extra hrs a week(2 shifts) and he could almost have that taken care of......but he just isn't willing to put in the work.
What can you say. I would almost guarantee though, that he simply doesn't feel that vulnerable...marines are kind of that way. I had a friend that was similar in attitude but brought up CHL every time we were together asking questions. I finally asked, "Do you really want answers this time or are you just wanting to talk guns?" He admitted that he just wanted to talk guns and that relieved a lot of frustration for me because now it was entertainment and not debate. It's one of the topics I can happily discuss for hours, but for fun though.

Maybe your friend is the same way, and like my friend did not know how to start the topic without broaching my CHL. BTW, he surprised me one day by showing me his new CHL.

FWIW...when you say someone is a marine, MOS is just redundant information. :biggrinjester:

Re: No CHL apartment complex carry question

Posted: Sun Jul 24, 2011 12:35 pm
by tacticool
MedicMan218 wrote:He also hates working any overtime although it is readily available where we work. So, in his mind he would have to work some OT to be able to A) pay for the class and the state fees and B) buy a new gun that he could hide a little better. He would only have to work maybe 20 extra hrs a week(2 shifts) and he could almost have that taken care of......but he just isn't willing to put in the work.
That says it all.

Re: No CHL apartment complex carry question

Posted: Sun Jul 24, 2011 3:26 pm
by ccpacker
You may be right about Marines. I am 71 and have never felt vulnerable a day in my life. Only recently have considered a CC. I have traversed some rough areas of Houston for over 25 years. Maybe the Marine experience planted that in me or maybe I am oblivious to the realities that swirl about.