grey area question

[TTUchris]

I'm new to the site, but have been lurking for a while. I have a situation, and this was the first place I thought to ask. Recently, a pretty nasty shooting took place at my apartment, where my fiance and I live. Three suspects attempted to force their way into our neighbor's apartment and in the process, numerous shots were fired. The shootout took place in the hallway right outside the apartment. The neighbor was hit, as were two of his attackers. Bullet holes and blood were everywhere when I got home that afternoon. The police called it a "drug deal gone bad." The complex will not let us out of the lease to move, so we may be stuck.

I do not yet have my CHL, but I carry from the apartment to my car and back each morning/evening, which is legal. My question is this...would it be a bad idea to carry when outside the apartment, but not necessarily going to my car? I have to take the dog out to relieve himself, check the mail, take trash out, etc and I do not like the idea of being unarmed when doing so. Technically, I could be going to my car to leave during any of these activities. I want to always be legal, but I also want to always be prepared. Any thoughts?

[joe817]

would it be a bad idea to carry when outside the apartment, but not necessarily going to my car?

Without a CHL? IMO yes it would be. Technically you'd be carrying concealed, without a license. And that violates PC 46.02, and a class A misdemeanor. I feel for you where you live and can't get out of the lease, but as I see it, and I'm no attorney, that carrying while taking out the trash, or getting the mail is inviting arrest. But do what you must do to protect yourself. Carrying to the car and back is certainly justified.

Just my $.02 worth. Work on getting a CHL and you won't have to ask that question.

[flechero]

Edited to avoid any possible confusion by others reading the incorrect answer.

[rgraham541]

It would be treated as "your property" since you lease.

This brings up another question. If in fact a lease is treated as "your property" why not just open carry?

[AEA]

Is your life or the life of a loved one worth a class "A" misdemeanor? You have every reason to keep the gun with you at all times.

The only grey area I see is the foolish restrictions we put up with concerning our right under the 2nd amendment.

[TTUchris]

I'm not sure about the complex being considered "your property." I heard of a few people receiving PIs while drinking beer at their apartment pool (no, not me!).

I don't like doing something illegal just because I could technically get away with it, but as mentioned, my life and my fiance's life are much more important to me. Yes, this will all be moot when I get the CHL (in the works) but the lease will be up by the time I have it in hand, so I'm stuck for now.

[Charles L. Cotton]

Depending upon the crime in your area and the security provided by the owner and/or manager, you may have grounds to get out of the lease. Contact an attorney in your area.

BTW, if you do open-carry in the common areas, you're going to quickly find out that the common areas are not "your property" for purposes of TPC §46.02. In order to be "your property" the property has to be owned by you or under your control. The right to enter and use the "common area" is not tantamount to being able to control it.

Chas.

Sec. 46.02. UNLAWFUL CARRYING WEAPONS. (a) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun, illegal knife, or club if the person is not:

• (1) on the person’s own premises or premises under the person’s control; or
  
  (2) inside of or directly en route to a motor vehicle that is owned by the person or under the person’s control.

(Emphasis added)

[TTUchris]

Yes, this will all be moot when I get the CHL (in the works) but the lease will be up by the time I have it in hand, so I'm stuck for now.

[USA1]

Is your life or the life of a loved one worth a class "A" misdemeanor? You have every reason to keep the gun with you at all times.

The only grey area I see is the foolish restrictions we put up with concerning our right under the 2nd amendment.

i agree with Alan .

if it were me under those circumstances, i would just keep it hidden while doing my business on the property .
it may not be "legal" , but the bad guys are not exactly playing by the rules either .

JMHO...

[CWOOD]

Fox spray is good.

Another option is a short shotgun. Get a shotgun with an 18" barrel (26" overall) and pistol grip. Get a sling and wear a jacket/vest/ long shirt to be discreet for those errands.

Generally, you will hear that you can sling a long gun, over your shoulder and walk down the street legally. This is true. However, you are not on a street, you are on the private propery of the complex and I would be willing to bet that they wouldn't want to see you with it slung in such an obvious way.

In this heat, you will look and maybe feel wierd and hot, but you will be about as secure as you can be

You are on MUCH more solid ground with a long gun in Texas without a CHL.

Also, follow up on Charles' idea of seeking counsel to get you out of the lease due to unsafe living conditions. In the meantime, the shotgun will be excellent self defense weapon which you will want to keep even after you get the CHL.

Also, PRACTICE!!

Good luck

[AJSully421]

not legal w/o a CHL to have a gun on you unless going directly between home and car...

If you are able to use your car and drive the 10 feet from your apartment and the dumpster, or the mail area, then do that... with a gun, perfectly legal.

[G.A. Heath]

TTUchris I assume by your name you are a student at Texas Tech. I believe they may have legal services available to you that may assist you with what Charles suggested. I know at one time they did provide a surprising level of legal services to students.

[casingpoint]

A good and street savvy cop that knows his business and the special circumstances surrounding your complex is going to look the other way. A lesser, noob cop will run you in. If you are discreet in your carry, you probably won't have a problem with the cops anyway. Sounds like they have bigger fish to fry in your neighborhood. AEA is correct in noting the real problem here is the Texas legislature's handling of it's citizens Second Amendment rights. My personal opinion is that your would beat the rap in court now in the wake of Heller due to the long delays in obtaining a Texas CHL. That would be a very expensive process, but as the old saying goes, better to be flat broke than financially solvent and carried by six.

[suthdj]

Or if you have the ability park farther away from your apartment so when you walk the dog/taking out trash you are heading in the general direction of your car, Just because you don't ever make it to the car is beside the point.