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Nick22

Carry on communal property

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I could not find an answer to this question anywhere. Sorry if it has been brought up before.

It is very clear to me that I can carry and use my firearm on my property and at my business. I live in an association of townhomes in central NJ, so my personal property extends to about 3 ft in front on the unit, and about 20 ft in the back; that area clearly falls under the law, in my interpretation. However, I also happen to own 1/333 (by the total number of units) of all common areas, land etc of the association; so ultimate questions is: can I carry my firearm (perhaps even AR) while walking around the community without exiting to the public road? We do have private property and no trespassing signs at all entrances.

Obviously i haven't done this yet, and would not consider doing so until absolutely positive that I am legally allowed to do this.

 

Nick

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You don't actually own that, the association does. By being a member of the association, you have the right to access it.  And if it's like our association here (Hunterdon County), the association pays no taxes on that land. Your association fees go towards maintenance and insurance. 

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I'm not a lawyer but I play one on TV. I'd say talk to a real lawyer about if "right of easement" to common property covers you on this.

Be advised, even if it does, where firearms are concerned, police in NJ have no problem making wrongful arrests. If you want to spend a couple days in jail and spend $$$$'s to make an I'm right and you were wrong point, go for it. Personally I wouldn't do it.

Also take into consideration, your HOA contract. Have you read it word for word end to end? I doubt they would state in it you are allowed to carry on common areas, but it wouldn't surprise me one bit if it specifically states you are not. That would not only be cause to have you arrested, but also throw out of your private community.

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