Here is a question I dont think I have seen before.

just wondering what you guys think.

We live in a condo building.

We own our unit, and we own a 3% share of the common areas of the building. This would include our little garden area, parking lot, lobby, hallways, and my garage.

Would I be legal in possessing on 'my property'. I am thinking that the 3% share of ownership of the common areas would mean we have a right to carry on the property?

Just curious...

I'm not sure of the gun laws but I have some experience with property management. The "common elements" referred to in those types of deeds are typically owned by the association. The "3%" ownership is more of a proxy right to vote and dtermine the actions of the board. I definitely wouldn't walk around my development with my sidearm, this is NJ.

Q: Do you have the right to alter any part of that 3% of the property you own as you see fit? If not, then I do not think you can carry there, IMO.

common areas of the building.

 

 

IMO no.. it is a portion of shared property...shared being the important part..

 

my experience with condos and "shared area" has been horrible.. hell I have seen people hassled for trying to grill some burgers.. given that.. I don't think there is a chance in hell walking around with a gun would end with anything short of nasty letters.. police involvement.. and possible legal action.. and just remember this.. even if it happens to be legal today... all it takes is an emergency vote by the "association" to make it illegal tomorrow..

Ditto what the others said--don't do it. Let me take it further with a sample scenario. Let's say you decide to carry your firearm (open or concealed, doesn't matter). If someone tries to rob you or commit some other crime against you, you pull your firearm to defend yourself. You WILL be arrested once the police arrive.

 

Now, in order for you to prove self defense, you have to prove that your conduct up to the point of the use of force (whether merely pulling the gun out or actually firing) was 100% lawful. In order to do that, you have to disprove the charge against you of unlawful possession of a weapon (carrying it without a permit). That is an affirmative defense, where the burden of proof is on you. Can you prove that your possession of a firearm in common areas of a condo building was lawful? If you can't, then not only does the unlawful possession charge stick, but you also cannot assert self defense. That means that the jury will only hear that you unlawfully had a gun and used it.

 

To repeat what the others said, DON'T do it!

... To repeat what the others said, DON'T do it!

Unless we just sucked up an EMP and the grid is down across the US

 

Then it's okay to carry

I like what njJoniguy said...

 

Point taken, thank you for the advice.

You do not have the right to carry on the 3%. Unless you have the right to be the ONLY one there (which you don't, any other resident can be on the 3% at any time) you are not in your dwelling, and thus, cannot carry.

I think not carrying in that area is the correct answer, but keep in mind that the statute not only allows one to carry on your "property" but also on your "premises". Two different terms that arguably mean two different things.

I think not carrying in that area is the correct answer, but keep in mind that the statute not only allows one to carry on your "property" but also on your "premises". Two different terms that arguably mean two different things.

 

While the law is a little vague and can be argued, I personally wouldn't test it.