No LTCH needed on your own property, what's considered your property if renting?

[Suprtek]

I've been wondering about this so I thought I'd throw it out there for conversation and clarification. We all know in Indiana no LTCH is required to carry a handgun on your own property. What if you live in an apartment complex? What does the law consider "your property" as it applies to carrying? Is it just your own apartment? Is it just your building? Is it the entire complex property? Or is it not considered your property at all and therefore illegal? I will now sit back and wait for the inevitable education...

 

[cbhausen]

Check the CHAPTER 2 link here:

Indiana Code TITLE 35, Article 47 Table of Contents

My guess is anywhere in your apartment building is "probably" okay and within your apartment is "definitely" okay but I am not a lawyer. I'm sure they'll chime in.

 

[Frank_N_Stein]

In an apartment I would say your property is the inside of your apartment and a porch or deck if there is one. Once you step into a common hallway, the parking lot, go to the pool - it is no longer your exclusive property.

 

[Suprtek]

In an apartment I would say your property is the inside of your apartment and a porch or deck if there is one. Once you step into a common hallway, the parking lot, go to the pool - it is no longer your exclusive property.

That's what I would guess as well. However, a portion of your rent obviously pays for the use of common areas. Hence my confusion on the issue. I was hoping someone would be able to reference a specific IC or case law.

 

[cbhausen]

In an apartment I would say your property is the inside of your apartment and a porch or deck if there is one. Once you step into a common hallway, the parking lot, go to the pool - it is no longer your exclusive property.

That makes me wonder... If true, do you need to invite an intruder over your door threshold before you can legally defend yourself if you live in an apartment? Makes no sense to me. And you're just as dead in the hallway outside your apartment door if you get assaulted at the common exterior door at the end of the hallway. I'm sure there's legal precedent here. A good question on behalf of apartment dwellers.

 

[Frank_N_Stein]

That's what I would guess as well. However, a portion of your rent obviously pays for the use of common areas. Hence my confusion on the issue. I was hoping someone would be able to reference a specific IC or case law.

I'm sure Kirk, Fargo, or HoughMade will set it all straight for us.

 

[HavokCycle]

That makes me wonder... If true, do you need to invite an intruder over your door threshold before you can legally defend yourself if you live in an apartment? Makes no sense to me. And you're just as dead in the hallway outside your apartment door if you get assaulted at the common exterior door at the end of the hallway. I'm sure there's legal precedent here. A good question on behalf of apartment dwellers.

interesting situation as apartment complexes can be pretty rife with crime, especially outside your own dwelling.

 

[Bunnykid68]

I'm sure Kirk, Fargo, or HoughMade will set it all straight for us.

Maybe Fargo or Hough, but Kirk will probably talk about something obscure and mention blowing kisses

 

[Trigger Time]

Get permission from the management and you can carry anywhere on the complex. (I'd get it in writing)
also if you get permission from other property owners you can carry in their yard Ect with no ltch. Same with your job.

 

[Suprtek]

Get permission from the management and you can carry anywhere on the complex. (I'd get it in writing)
also if you get permission from other property owners you can carry in their yard Ect with no ltch. Same with your job.

I'l have to take your word for the legalities of this, but I just don't see that happening very often. If that permission was granted, especially in writing, that opens the door for management being held liable for damages in any lawsuit resulting from the firearm getting used.

 

[LANShark42]

Maybe Fargo or Hough, but Kirk will probably talk about something obscure and mention blowing kisses

QFT!

 

[Trigger Time]

I'l have to take your word for the legalities of this, but I just don't see that happening very often. If that permission was granted, especially in writing, that opens the door for management being held liable for damages in any lawsuit resulting from the firearm getting used.

I don't know about liability, but I know your legal. If your responsible and don't finger bang your pistol then i don't see a liability issue.

 

[24Carat]

Maybe Fargo or Hough, but Kirk will probably talk about something obscure and mention blowing kisses

There is also that long running questionable relationship with Rino that keeps coming up in his posts.

 

[Suprtek]

I don't know about liability, but I know your legal. If your responsible and don't finger bang your pistol then i don't see a liability issue.

I understand that and I'm not arguing against it. I just don't see most businesses being willing to expose themselves to a potential liability risk when they likely see no benefit to them for doing so.

 

[Trigger Time]

I understand that and I'm not arguing against it. I just don't see most businesses being willing to expose themselves to a potential liability risk when they likely see no benefit to them for doing so.

I agree with your logic. I didnt feel any negative vibe from you. We owe it to each other to pick apart these types of discussions so we look at every possible outcome.

 

[Cameramonkey]

So just get your Larry and dont worry about property borders. Thats my advice.

 

[singlestacksig]

a "common area" does not count, areas that you rent that are specifically your area.
there was a case of a guy come out into a hallway with a gun & got charged ..

 

[BehindBlueI's]

Directly from the IC Code:

"the person carries the handgun on or about the person's bodyin or on property that is owned, leased, rented, or otherwise
legally controlled by the person;"

You only legally control your own apartment and balcony/enclosed porch area. You do not own, lease, rent, or legally control common areas or areas accessible by anyone in the general public. The fact that part of your rent maintains those areas is as irrelevant as far as your legal right to control that area. You couldn't trespass someone from the playground, for example, because your leasing of an apartment doesn't give you any legal rights to ownership or agency of ownership of that common area.

 

[singlestacksig]

Jimmy Robertson v. State of Indiana :: 2002 :: Indiana Supreme Court Decisions :: Indiana Case Law :: US Case Law :: US Law :: Justia

 

[TheSpark]

The entire complex is private property in which you have permission to be on because of the fact that you pay rent. As long as you do not go anywhere you are not allowed on that property I would think legally you could carry anywhere on it. To make things simple though just get your LTCH.