Private Communities and Common Area Carry

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  • booker

    Active Member
    Apr 5, 2008
    776
    Baltimore
    Question regarding carry that I have not been able to find a good answer to. Here is the scenerio:

    Joe is a Maryland resident and lives in a condo building, and the condo development is a private one, surrounded by a fence. The common areas (hallways, parking lots) are jointly owned by the condo owners (i.e. each owner owns a percentage of each square foot of common space). There is a single point of entry and exit, and there are clear markings of private property at the entrance and throughout the development.

    There are no referances or restrictions in the condo association declarations, bylaws, or other documents regarding firearms ownership or carry.

    Three points:

    1. Joe is allowed to carry a loaded handgun inside his condo, concealed or not, without a permit.

    2. Joe is allowed to carry a loaded handgun inside his single-car (not shared) garage, concealed or not, without a permit, whether the garage door is open or closed.

    3. Joe is allowed to carry a loaded handgun in the common areas, concealed or not, within the fenceline of the private condo development, without a permit.

    I know #1 is true. I believe #2 is true. And I have no idea if #3 is true or false.

    Thoughts?
     

    Name Taken

    Ultimate Member
    Feb 23, 2010
    11,891
    Central
    3 is likely a no.

    There is wording in "Disorderly conduct" which define "common area's" in multi occupancy dwellings. It's likely the court will adopt that definition.

    If you do not own the property and do not have the right to "trespass" someone from the area the court is likely to say you cant.

    Common area's on private property are still open to the general public.
     

    booker

    Active Member
    Apr 5, 2008
    776
    Baltimore
    There is wording in "Disorderly conduct" which define "common area's" in multi occupancy dwellings.

    Thanks for pointing me to that. So I looked it up. Disorderly conduct in Maryland is very broad. Police have discretion on matters of:
    - Blocking the passing of people into or out of a public place (could include a picket line, or somebody thinking they are simply exercising freedom of speech in a public space)
    - Acting in a disorderly manner that disturbs the peace (how vague is that!?)
    - Not obeying a lawful order by the police made in an attempt to keep the peace (I would imagine this includes verbal direction from police, and peace & protection orders from the courts)
    - Making unreasonable loud noises or disturbing the peace of another

    1. Regarding the parking lot, you're absolutely right. It is an area accessible to the public.

    2. Regarding the common area hallway, apparently it depends on how many units are in the building, or perhaps how many the common area hallway services. Check this out:

    Title 10, Subtitle 2, §10-201 - Disturbing the public peace and disorderly conduct

    (a) Definitions.-

    (1) In this section the following words have the meanings indicated.
    (2) (i) "Public conveyance" means a conveyance to which the public or a portion of the public has access to and a right to use for transportation.
    (ii) "Public conveyance" includes an airplane, vessel, bus, railway car, school vehicle, and subway car.
    (3) (i) "Public place" means a place to which the public or a portion of the public has access and a right to resort for business, dwelling, entertainment, or other lawful purpose.
    (ii) "Public place" includes:
    1. a restaurant, shop, shopping center, store, tavern, or other place of business;
    2. a public building;
    3. a public parking lot;
    4. a public street, sidewalk, or right-of-way;
    5. a public park or other public grounds;
    6. the common areas of a building containing four or more separate dwelling units, including a corridor, elevator, lobby, and stairwell;

    I believe 3-(ii)6 is the relevant portion regarding the hallway common areas of the condo building.

    So if Joe's portion of the building had an entrance door that only serviced one, two, or three units, would he have a strong defense against a charge of disorderly conduct for carrying a handgun in the hallway, assuming he wasn't also doing any of the above things that also constitute disorderly conduct? Or would they take the definition to be that the building as a whole contains four or more units, and therefore all the common areas, regardless of how many may access them, are included as public space by the definition?

    Even if it's the former, that isn't to say that he couldn't be charged. Nor to say that he couldn't be charged and potentially convicted of something else (although I'm not sure what that something else might be).
     
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