Quick question, I still don't have my CHL, waiting to find some free time to do the class...
But how do the laws apply to having my gun for home defense in an apartment complex? After reading the gun laws from the state website twice, I understand them to allow open carry to, and from my vehicle, and inside, and on my property...
Living in an apartment complex, what is defined as "my property" ? Just inside my apartment? Or anywhere on apartment property?
To mailbox, gym, etc... But still on apartment property. What do you guys think?
ps, I tried to look for a relevant thread, but could find none... sorry if this is repetitive :(
Home/Apartment Defense question...
Moderator: carlson1
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allinhtown
- Junior Member
- Posts: 40
- Joined: Sat May 30, 2009 10:57 am
Re: Home/Apartment Defense question...
IANAL, but the relevant phrase is "property owned or under your control".
In your case, that means inside your apartment, but not in any of the common areas.
Your control stops at your front door.
In your case, that means inside your apartment, but not in any of the common areas.
Your control stops at your front door.
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“Sometimes there is no alternative to uncertainty except to await the arrival of more and better data.” C. Wunsch
“Sometimes there is no alternative to uncertainty except to await the arrival of more and better data.” C. Wunsch
Re: Home/Apartment Defense question...
The exact language of the law is "on the person's own premises or premises under the person's control; or inside of or directly en route to a motor vehicle that is owned by the person or under the person's control."
I would say that only the interior of your apartment or a balcony or patio that you have exclusive use of is under your control. You can use the gym and other common areas, but you can't prevent others from using them or exercise any control over them.
Of course, unless you live in a really rough neighborhood, the cops probably aren't in the habit of stopping and searching people inside your apartment building. I'm just sayin' ...
(Looks like I lost the typing race.)
- Jim
I would say that only the interior of your apartment or a balcony or patio that you have exclusive use of is under your control. You can use the gym and other common areas, but you can't prevent others from using them or exercise any control over them.
Of course, unless you live in a really rough neighborhood, the cops probably aren't in the habit of stopping and searching people inside your apartment building. I'm just sayin' ...
(Looks like I lost the typing race.)
- Jim
Fear, anger, hatred, and greed. The devil's all-you-can-eat buffet.
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allinhtown
- Junior Member
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- Joined: Sat May 30, 2009 10:57 am
Re: Home/Apartment Defense question...
Ah ha, thanks for the input guys. Sorry for your loss, Seamus. Better luck next time!
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Drewthetexan
- Senior Member
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- Joined: Wed Jun 03, 2009 4:58 pm
- Location: DFW
Re: Home/Apartment Defense question...
Sec. 9.31 of Texas Penal Code
Habitation is the key word here, I think. Chapter 9 points to Sec. 30.01 for definition of habitation.
So I think you'd be safe using force or deadly force within your own apartment to protect yourself. 9.32 and 9.33 give justification for defense of another person, which I would think could also apply in an apartment complex. For instance if your neighbor gets invaded and you hear it and you like them enough to do something about it. I think 9.42 describes when you can defend your neighbors home against burglary, again, if you like them enough to get involved.
Habitation is the key word here, I think. Chapter 9 points to Sec. 30.01 for definition of habitation.
So I think you'd be safe using force or deadly force within your own apartment to protect yourself. 9.32 and 9.33 give justification for defense of another person, which I would think could also apply in an apartment complex. For instance if your neighbor gets invaded and you hear it and you like them enough to do something about it. I think 9.42 describes when you can defend your neighbors home against burglary, again, if you like them enough to get involved.