2aHawaii
General Topics => General Discussion => Topic started by: kptheplatypus on August 20, 2021, 05:43:43 PM
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Let’s say, hypothetically, that I live in an apartment building and would like to carry outside the house.
Would it be legal to carry outside (in the immediate yard area) right outside my door?
I know you can carry on private property or in your own house, but would that immediate yard/ grassy area be considered outside of my legal home area?
Asking for purely research purposes since we all follow the law.
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Let’s say, hypothetically, that I live in an apartment building and would like to carry outside the house.
Would it be legal to carry outside (in the immediate yard area) right outside my door?
I know you can carry on private property or in your own house, but would that immediate yard/ grassy area be considered outside of my legal home area? (I.e. public property?)
Asking for purely research purposes since we all follow the law.
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I asked the AG if common areas are residence and they wouldnt give me an answer. Told to see a lawyer.
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I asked the AG if common areas are residence and they wouldnt give me an answer. Told to see a lawyer.
Politicians giving the rhetoric runaround makes me upset. Also, AG is a lawyer so should’ve told them to tell you 😂
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I asked the AG if common areas are residence and they wouldnt give me an answer. Told to see a lawyer.
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AG salary paid by the People but not servicing the People....typical Hawaii govt.
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Not a lawyer, but i would say common areas are not allowed. But if someone is ccwing, it would be almost impossible to know.
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Not a lawyer, but i would say common areas are not allowed. But if someone is ccwing, it would be almost impossible to know.
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Why would you think that? You technically "own" a part of the common areas. That's part of your property and thus your property rights. You purchased a condo too, they break down what %'ed of the land you own. This is all assuming there is no rules in the condo association preventing you from carrying. Then again I am not a lawyer either.
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Why would you think that? You technically "own" a part of the common areas. That's part of your property and thus your property rights. You purchased a condo too, they break down what %'ed of the land you own. This is all assuming there is no rules in the condo association preventing you from carrying. Then again I am not a lawyer either.
Perhaps I should’ve clarified first. I live in an apartment, but renting. I’m assuming common areas wouldn’t be allowed unless I owned the house, but that’s why I’m trying to find some answers 😂
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While I don’t know the legality of it, I would caution you to read the HOA rules as a start. Unfortunately as part of the agreement that you sign to purchase that property you agree to follow the association rules. As others have said if the HOA has rules designating the common areas as “weapon-free” zones, you run the risk of being in violation. Depending on the HOA and penalties they are allowed to enforce, it can be a simple fine and in some cases ability to evict. That’s why I hate HOAs, it’s my house but they can tell me what colors I can paint it, what plants I have to keep, how much grass and what condition it has to be in. To be fair I knew all that when I moved in but it doesn’t mean I like it. The HOA makes the regulation but they don’t make the law.
What would be interesting to me would be what happens if an individual was ever reported to the police as having a firearm in public. I for one wouldn’t want to test that in Hawaii as we all know this isn’t the most 2A friendly place.
While you may win the case eventually, the cost and impact on other areas of your life, IMO isn’t worth it.
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Even renting inside your good cause place of sojourn but outside, not so sure. Especially since apartments are usually limited to only your residence (or parking stalls or storage areas) and all other areas are common areas.
Honestly it seems like best bet is consult an attorney if you really want to do it.
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Perhaps I should’ve clarified first. I live in an apartment, but renting. I’m assuming common areas wouldn’t be allowed unless I owned the house, but that’s why I’m trying to find some answers 😂
Yeah I can see that being a bit more tricky. But in theory you are renting the unit and land right? Not sure this is way past my abilities.
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My 2 cents ...
You can keep your firearm in your residence, place of business, or place of sojourn.
That is not constrained by who owns the property. If you live with your mother, her property is still your residence. The issue there is, the owner has the right to prohibit firearms. That includes apartment landlords. When you sign a rental agreement, check to see if your guns are forbidden or not.
"Residence" stops at the entrance. A common area is an amenity, whether or not it includes a pool, laundry room or meeting hall. While you have access to use it, it's not part of your residence.
I'd say if the place can be controlled by you, and anyone else entering without your permission is trespassing, then you can carry there. All common areas would be considered public spaces -- and we know CCW permits are all about being armed in public. No permit ... no CCW in public.
I'm not a lawyer, but I have used a divorce attorney once. :geekdanc: :shaka:
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My 2 cents ...
You can keep your firearm in your residence, place of business, or place of sojourn.
That is not constrained by who owns the property. If you live with your mother, her property is still your residence. The issue there is, the owner has the right to prohibit firearms. That includes apartment landlords. When you sign a rental agreement, check to see if your guns are forbidden or not.
"Residence" stops at the entrance. A common area is an amenity, whether or not it includes a pool, laundry room or meeting hall. While you have access to use it, it's not part of your residence.
I'd say if the place can be controlled by you, and anyone else entering without your permission is trespassing, then you can carry there. All common areas would be considered public spaces -- and we know CCW permits are all about being armed in public. No permit ... no CCW in public.
I'm not a lawyer, but I have used a divorce attorney once. :geekdanc: :shaka:
Agreed with flapp. If u wanna listen to someone else who doesnt have the best track record, up to u. But challenge in court if arrested and keep us posted. Ill donate $ to your defense fund.
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My 2 cents ...
You can keep your firearm in your residence, place of business, or place of sojourn.
That is not constrained by who owns the property. If you live with your mother, her property is still your residence. The issue there is, the owner has the right to prohibit firearms. That includes apartment landlords. When you sign a rental agreement, check to see if your guns are forbidden or not.
"Residence" stops at the entrance. A common area is an amenity, whether or not it includes a pool, laundry room or meeting hall. While you have access to use it, it's not part of your residence.
I'd say if the place can be controlled by you, and anyone else entering without your permission is trespassing, then you can carry there. All common areas would be considered public spaces -- and we know CCW permits are all about being armed in public. No permit ... no CCW in public.
I'm not a lawyer, but I have used a divorce attorney once. :geekdanc: :shaka:
Haha as have I! Thanks Flapp, any advice or good judgments are appreciated and best bet for me right now is to play it safe unless/ until I learn otherwise is in my best interest
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Yeah I can see that being a bit more tricky. But in theory you are renting the unit and land right? Not sure this is way past my abilities.
if it's way past your abilities, why comment?
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My 2 cents ...
You can keep your firearm in your residence, place of business, or place of sojourn.
That is not constrained by who owns the property. If you live with your mother, her property is still your residence. The issue there is, the owner has the right to prohibit firearms. That includes apartment landlords. When you sign a rental agreement, check to see if your guns are forbidden or not.
"Residence" stops at the entrance. A common area is an amenity, whether or not it includes a pool, laundry room or meeting hall. While you have access to use it, it's not part of your residence.
I'd say if the place can be controlled by you, and anyone else entering without your permission is trespassing, then you can carry there. All common areas would be considered public spaces -- and we know CCW permits are all about being armed in public. No permit ... no CCW in public.
I'm not a lawyer, but I have used a divorce attorney once. :geekdanc: :shaka:
If residence stopped at the entrance (assuming you mean door) then it would be illegal to carry in the yard. I've witnessed OGC carrying in their parking lot area which would be outside "place of business" if we go by door standards.
https://www.hoaleader.com/public/Can-Youand-Should-YouRegulate-Guns-on-HOA-Common-Areas.cfm
https://www.delawareonline.com/story/news/crime/2014/03/18/nra-wins-delaware-supreme-court-ruling-on-public-housing-/6582109/
I can't find any precedent so yeah you would be a test case, and it might go all the way to the supreme court. I would say do your own research and do what you are comfortable with.
I personally wouldn't. Don't see enough upside.
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if it's way past your abilities, why comment?
This is a forum, discussions are part of that experience. Gotta see all the sides. A decision made with only one side is an echo chamber. (assuming there is no concrete answer)
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This is why dont listen to omni. 1 post he says why not carry in common areas. To seen owner of a business in a parking lot carrying, to then state he wouldnt carry.
Lots of details missing from his business owner example, which i wont get into because im done with his attitude.
I can forsee this being another needlessly long thread.
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Omni has a point, its Yin and Yang. You cannot measure the worth of anything without some kind of scale with 2 ends. You have no way of knowing when people are giving you smart well thought out advice unless you also get to see how ludicrously stupid other ideas put forward might be.
Keep holding up the dumbest end of the bell curve buddy, you are doing the world a great service.
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Omni has a point, its Yin and Yang. You cannot measure the worth of anything without some kind of scale with 2 ends. You have no way of knowing when people are giving you smart well thought out advice unless you also get to see how ludicrously stupid other ideas put forward might be.
Keep holding up the dumbest end of the bell curve buddy, you are doing the world a great service.
Basically the last part. Its like CNN. If they're reporting it, its probably BS. If he's adding input, go opposite.
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Basically the last part. Its like CNN. If they're reporting it, its probably BS. If he's adding input, go opposite.
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We had a guy a work who was a degenerate football gambler, he never ever won, if you knew his picks and bet against them every sunday, you could make a lot of money, that guy had a gift.
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If residence stopped at the entrance (assuming you mean door) then it would be illegal to carry in the yard. I've witnessed OGC carrying in their parking lot area which would be outside "place of business" if we go by door standards.
https://www.hoaleader.com/public/Can-Youand-Should-YouRegulate-Guns-on-HOA-Common-Areas.cfm
https://www.delawareonline.com/story/news/crime/2014/03/18/nra-wins-delaware-supreme-court-ruling-on-public-housing-/6582109/
I can't find any precedent so yeah you would be a test case, and it might go all the way to the supreme court. I would say do your own research and do what you are comfortable with.
I personally wouldn't. Don't see enough upside.
That parking lot belongs to a place of business (OGC). It is NOT a common area -- you know ... the whole reason for this thread?
You can also carry outside on your own property, as in your yard.
Most people understood when I said "stops at the entrance" to mean within the scope of renting an apartment -- again, the whole reason for this thread.
Is there a name for what's wrong with you? Why must you drag every topic down some tangential rabbit hole that doesn't add to the discussion at hand?
You sound like you're used to sitting around with your nerd friends blurting out random thoughts with no relevance to each other.
A far as what you would personally do -- it helps nobody. Either you can provide a reasonable answer to the question, or you can't. Nobody here respects you enough to think, "If Omni wouldn't do that, then that's my choice as well!"
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This is a forum, discussions are part of that experience. Gotta see all the sides. A decision made with only one side is an echo chamber. (assuming there is no concrete answer)
Anyone else see the irony of someone calling this forum an echo chamber ....
over, and over, and over, and over, and ....
> "Echo!"
< "Echo! Echo! Echo!"
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Is there a name for what's wrong with you? Why must you drag every topic down some tangential rabbit hole that doesn't add to the discussion at hand?
You sound like you're used to sitting around with your nerd friends blurting out random thoughts with no relevance to each other.
I am gonna take a shot in the dark and say retarded stoner kid whos parents ate the brown acid at woodstock.
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I am gonna take a shot in the dark and say retarded stoner kid whos parents ate the brown acid at woodstock.
I'd like to know if his parents took all the vaccinations developed and tested during their lifetimes before conceiving.
It could explain a lot.
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We had a guy a work who was a degenerate football gambler, he never ever won, if you knew his picks and bet against them every sunday, you could make a lot of money, that guy had a gift.
So me saying the world is round, must mean its flat :geekdanc:
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Anyone else see the irony of someone calling this forum an echo chamber ....
over, and over, and over, and over, and ....
> "Echo!"
< "Echo! Echo! Echo!"
Definition of insanity…
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So me saying the world is round, must mean its flat :geekdanc:
A stopped clock is right twice a day.
Still wrong the other 1,438 minutes every single day.
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In Hawaii, as far as gun law violations are concerned, you can be sure the cops, prosecuting attorney and judges will use the strictest possible interpretation of the law to hang your ass and make you an example to deter others. When HRS134 equates carrying ammo and no gun is like carrying a gun, you realize how screwed up their thinking is.
No need be one lawya guy fo kno dat. Odda den da peopo an da weadah evryting else hea sucks.
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If you’re homeless, is everywhere a place of sojourn?
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You can also carry outside on your own property, as in your yard.
:thumbsup: :shaka:
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If you’re homeless, is everywhere a place of sojourn?
Articulation is key. Uber drivers, building maintenance, etc...
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Quote from: Flapp_Jackson on August 20, 2021, 09:03:14 PM
Anyone else see the irony of someone calling this forum an echo chamber ....
over, and over, and over, and over, and ....
> "Echo!"
< "Echo! Echo! Echo!"
Definition of insanity…Definition of insanity…
Definition of insanity is doing the same thing over and over but expecting a different result.
> "Echo!"
< "Echo! Echo! Polo"
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You can also carry outside on your own property, as in your yard.
I believe this is true but I think there is also a clause regarding property being "reasonably secured" ie: fenced in.
#notalawyer
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Why would you think that? You technically "own" a part of the common areas. That's part of your property and thus your property rights. You purchased a condo too, they break down what %'ed of the land you own. This is all assuming there is no rules in the condo association preventing you from carrying. Then again I am not a lawyer either.
Technically you don't own part of the common area. The Association, which is a legal entity, owns the common area. You are responsible to pay the association for manage and maintaining the common area in which you have a right to use. Think of it like a gym membership.
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I believe this is true but I think there is also a clause regarding property being "reasonably secured" ie: fenced in.
#notalawyer
I've never seen that in the statutes. I know you can't brandish, fire across a street, or fire into someone else's property. Most cities have a law against discharging firearms within city limits unless at a permitted range. But, having a holstered firearm is legal on your own property -- indoors or out.
If my property is "reasonably secured," that could be more of an argument against the NEED to carry a firearm on the property. :geekdanc:
Addition:
The only place I see "reasonably secured" is in reference to maintaining control over your firearms, i.e. locked in a safe or other locked area, UNLESS they are on your person (being carried).
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Technically you don't own part of the common area. The Association, which is a legal entity, owns the common area. You are responsible to pay the association for manage and maintaining the common area in which you have a right to use. Think of it like a gym membership.
He just makes shit up to argue. Nobody would ever make a definitive statement (Technically you "own" a part of the common areas.). It's ridiculous on its face.
"I put $2 in that parking meter, and I paid my city&county taxes. Therefore, I technically "own" that parking space."
:wacko:
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Technically you don't own part of the common area. The Association, which is a legal entity, owns the common area. You are responsible to pay the association for manage and maintaining the common area in which you have a right to use. Think of it like a gym membership.
You own part of the land on which the common area is psychically on. That was my thought process.
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You own part of the land on which the common area is psychically on. That was my thought process.
That's not true.
Check your title. The property you own and paid for through your mortgage is listed.
You are allowed access to the common areas via your dues. If you stop paying dues, you lose access -- and your residence after getting sued and evicted.
If the association votes to change a common area into something different than it is, can you refuse to let your "property" be part of it? Nope.
Ownership implies control over said property. The association has control over common grounds, not you. Period.
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There are condos that include common areas (balconies or walkways) that are "exclusive use" for the condo owner. The condo's CC&R should identify every feature of the condo you buy, and what parts are yours vs the association's property.
If you can file a homeowner's insurance claim to fix the "common area" after its been damaged, then you own it (not technically, but legally). If the association's insurance policy covers it, or they must repair it, then you do not own it (technically or otherwise).
Ownership not only implies control, but also responsibility to repair and maintain.
Based on what's been discussed here, the point is moot. If the area is owned by multiple condo owners (joint ownership of common area), then you are not "the owner".
Let's complicate the issue well beyond its usefulness, even though the OP already said he's renting an apartment, not owning a condo!
:stopjack:
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There are condos that include common areas (balconies or walkways) that are "exclusive use" for the condo owner. The condo's CC&R should identify every feature of the condo you buy, and what parts are yours vs the association's property.
If you can file a homeowner's insurance claim to fix the "common area" after its been damaged, then you own it (not technically, but legally). If the association's insurance policy covers it, or they must repair it, then you do not own it (technically or otherwise).
Ownership not only implies control, but also responsibility to repair and maintain.
Based on what's been discussed here, the point is moot. If the area is owned by multiple condo owners (joint ownership of common area), then you are not "the owner".
Let's complicate the issue well beyond its usefulness, even though the OP already said he's renting an apartment, not owning a condo!
:stopjack:
U know someone likes to argue. Needless length added to the thread.
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U know someone likes to argue. Needless length added to the thread.
Unfortunately, I'm a research-a-holic. I see something I have questions about, and I have to go find the answers.
Unlike someone who already knows everything, and just Googles enough results to find something close to his comments.
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Unfortunately, I'm a research-a-holic. I see something I have questions about, and I have to go find the answers.
Unlike someone who already knows everything, and just Googles enough results to find something close to his comments.
Ur post actually contribute. So all G
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Ur post actually contribute. So all G
:thumbsup: :shaka: :wave: