I'm not 100% sure, but I believe you are not correct.Papa_Tiger wrote: ↑Tue May 07, 2019 3:35 pmPretty sure this only applies to condominium units where an individual owns a particular unit and has a share in ownership of the common areas, not apartment complexes which are wholly owned by a corporation or other entity. The condo management or association cannot legally forbid carrying for the owner, tenant or guests.
Again, I do not believe this applies to rental apartments where there is no individual ownership OR to assisted living facilities where the tenant is renting a unit from a corporation.
The defense to prosecution from 30.05, 30.06, and 30.07 for condominiums (PC Ch 81 and 82) specifies that the "actor" who may employ the defense is an owner, a guest of the owner, a tenant of the owner, or a guest of the tenant of an owner.
For Residential Tenancies, PC Ch 92, the "actor" is a tenant of the leased premises, or a guest of the tenant of the premises. It looks like Ch 92 covers everything from a single room in a house rented on an oral lease up to a corporate chain of apartments as long as the residency is a permanent one (i.e. not a motel/hotel).
For Manufactured Home communities, PC Ch 94, it applies to tenants of the manufactured home lot or guests of the tenant.
Now a manufactured home community is a parcel of land consisting of at least four lots, where the tenant brings his own manufactured home to the lot. It appears there may be a small gap for one-to-three lots...but those may be covered under "Residential Tenancies" in Ch 92. For those mobile home parks where the tenants rent both the lot and the manuf home on it, I would bet those are covered under Ch 92 as well.
So I don't think that "ownership" is an element that is required to be present. In particular for apartment complexes, I think it is only required (for the defense to apply) for the "actor" to have a lease (written or oral) for a permanent residence there, or be the guest of someone who does.
It does appear that the defense applies only to the dwelling and the route to and from the actor's vehicle/parking lot. It does appear the landlord or condo assoc can restrict licensed carry or firearms in general from common/public areas. So no lounging by the pool while open carrying, for example.