NON-HCP Apartment Carry Question

[TripleDigitRide]

My girlfriend does not have an HCP at this time. She sometimes takes the dog outside after dark and/or early morning hours. The dwelling is an apartment complex. A majority of the time the area in which the neighborhood dogs "do their business" is near the bottom of the stairs at the rear of the building. I'm guessing this is no more than 50' from the door.

If I understand the 'Castle Doctrine' correctly, you are legally able to carry/posssess a firearm, and use deadly force is necessary, in your home or on your property, even without an HCP.

Given the above information, is she legally able to carry/possess a firearm, and use deadly force if necessary?

[dralarms]

I would suggest asking a lawyer but in my opinion the yard is still thought of and considered your property.

[nightrunner]

i believe there is some law that says if you use your firearm in a justified self-defense situation, you cant be charged with illegally carrying a concealed weapon, but I have always heard it used in context of someone with an HCP carrying in a posted location.

but in reference to your question, I think as far as apartments go, its "property" stops at the door or porch. but dont hold me to that, its just an assumption.

personally, if it makes her feel safer, carry on armed with a heightened state of alertness and conceal decently, and if cops come around, go inside disarm and return outside to finish.

[Fallguy]

First let me say IANAL!!!

As far as using deadly force....you can use it anywhere in the state you are. The only difference between out in public and in your residence, dwelling, car, business etc... is whether it is presumed you were in fear of death/serious bodily harm or not. If you are inside one of the places and someone forcibly and unlawfully enters it is presumed, if you are out in public, it is not.

On carry we know you do not have to have a HCP to carry on your property.

So the basic question is whether the area your speaking of is still part of her residence or not.

To be honest I really don't know. I can see it both ways. I live in an apartment complex as well. I feel my rent covers the parking area and other areas I use....the trouble is, then it does for the other tenants as well. So in that light the use of the "common areas" is not solely mine. But that does that make it any less mine?

Now if she is actually leaving the Apartment Complex property then I think it would not be legal for her to carry for sure.

[Fire/hunting guy]

Better to be tried by 12 than carried by 6. As long as she keeps it hidden and only used it as a last resort, I don't think any reasonable person is going to convict her of a crime.

[Guest Patty]

Yes, don't wander next door. Or outside of your parking space.

[extremescene]

Legal or not don't let the neighbors see it. You wouldn't want to get evicted because a neighbor got unreasonably scared. We know from other posts on here that our Attorney General believes apartments can ban gun ownership altogether.

[Guest 270win]

Your girlfriend is probably not legal carrying a weapon in the common areas (stairways, pools, volleyball, playgrounds) of the apartment complex without a handgun carry permit. She is probably only legal carrying a weapon inside the apartment because it could be considered her residence/domicile. If she is caught carrying, it could be a misdemeanor charge (not felony/loss of rights, but would be a fine and probably seizure of the handgun).

Licenses/permits generally do not legitimize deadly force, they only legitimize the carrying of a weapon when it is generally illegal. Deadly force statutes are separate from carrying weapon statutes most of the time. Those who are carrying weapons without a license/permit may use deadly force just like those with a license/permit when it is appropriate.