OC in my building

[Pennywise]

So I was carrying in my apartment as I have been on occasion to try to remove the mystery of guns from my family. My wife is scared to death of them and my son always wants to "try" daddy's gun.
Anyway I wanted to go downstairs to get the mail so I took the gun off and went to get the mail.
The question is did I need to take it off? I understand that I can't carry in public OC or CC since I don't have a permit yet but what actually constitutes "in public"? Am I in public when I leave my apartment and walk down the hall or am I still on private property carrying with the landlords consent until I walk out the front door of the building?
Remember, This is Philadelphia I am talking about.

BTW... The mailbox is in the building.

[jud4420]

Being that you are in philly and only because of it, You cannot carry into the hallway of your building or any area of which you do not have "exclusive control" without a LTCF. So you were right in disarming.

I can site some stuff if you need it but its all been posted here before.

Im not a lawyer. But i play one.

[knighthawk06699]

Mt personal opinion is that as long as you stay inside that front door you are on private property. That building belongs to a specific person or company and not any public entity so you should be fine.

[Pennywise]

I was thinking that as long as I have the landlords consent it would be like carrying if I was at his house. I don't live at his house but I couldn't get in trouble trying on one of his holsters with a gun in it. Right?

[gnbrotz]

§6108. Carrying Firearms on Public Streets or Public Property in Philadelphia.

No person shall carry a firearm, rifle or shotgun at any time upon the public streets or upon any public property in a city of the first class unless:

(1) such person is licensed to carry a firearm; or

(2) such person is exempt from licensing under section 6106(b) of this title (relating to firearms not to be carried without a license)

I can't imagine that the hallway of your apartment building (or even being on the complex, but outside of a building) would fall under the scope of §6108.

[crakkajakka15]

I know at my apartment building they have a disruption of peace type of clause. Basically it says they can evict you if you do anything that causes a disturbance to other neighbors. And im sure it would olny take one person to complain before they bring this up....and it is their property so......but i will go down that road if need be if I ever have to.

I know a person that used to live down the way where if apt. complex threw this BS at him bc his car alarm was going off alot in the parking lot....so i can see where a gun would cause this too.

I would ask the landlord and he/she is kool with it carry away or carry away anyway

[jud4420]

I was thinking that as long as I have the landlords consent it would be like carrying if I was at his house. I don't live at his house but I couldn't get in trouble trying on one of his holsters with a gun in it. Right?

But even if the landlord lives at the building, he does not have exclusive controle of the hallway and therefor wouldnt qualify as being in his abode. He could however possibly carry under fixed place of business - that however would not cover you.

The thing that makes me think that you cannot do it, is even thought the hall is private property, there is no exclusive control of that hall - other people have the right to use it.

Just my opinion

[Pennywise]

He could however possibly carry under fixed place of business - that however would not cover you.

I didn't even think about the fixed place of business thing. I often work for him painting apartments when someone moves out and painting & repairing hallways. It's not a full time job and I get paid by deducting my time from my rent but I should be covered.

[headcase]

This discussion has been had before, and it centers on what your "abode" is. IIRC, it has been the opinion of the courts that your abode ends at your door. There have been attempts to get legislators to address this, but nothing has happened yet. Search "abode" it should come up with a few threads....

I don't believe that the landlords apartment complex would be considered a fixed place of business either, maybe his rental office, but not the complex. As for the OP, no way that would qualify as a fixed place of business.

[Pennywise]

I'm gonna play it safe and wait til I get my LTCF before stepping out my door carrying.

No sense screwing myself up over a grey area of the law.