Common Area Defense?

[atek3]

<please move to L&P if this is the wrong forum for the question>

So I used to live in a "co-op", basically a house with 120 people that all shared a kitchen, bathrooms, halls, etc. I was back at my old haunt today and the liberals who live there were lamenting the fact that I moved away (and took my guns with me ). They had a pretty scary sketcher who stole stuff and when they tried to kick him out he nearly got violent. They said they wished I still lived there in case things got "out of control". I said I was not sure of the legality of defending a 'common area' of a house like ours. I know in your own home in california you can kick people out and if they threaten violence you can defend yourself. However, outside your home and in 'public areas' you have a 'duty to retreat'. In the common area of a co-op, would you have the "castle-rule" or a "duty to retreat"? This matters because the house is interested in nominating some of its members as 'security' and so they wanted advice on what behavior is considered acceptable for defense. Unsuprisingly I'm finding lots of luck in converting them to the RKBA side.


thanks,
atek3

 

[Devonai]

The house is still private property. Access is restricted to residents and their invited guests. Any part of that building is still private property, no matter how many residents have access to it.

 

[Jim March]

I don't know the answer to this one myself, 'cept for one possible tidbit:

There's a clause somewhere in Calif law (damn, can't recall statute) that gives you "enhanced gun carry rights" so long as there's an emergency in progress and you know that 911 has been called and your gun carry just prior to the emergency was legal. Mostly this involves the area around your house, but it can also mean situations on the road where you go into your trunk and it's locked box for your goodies.

Now, since that isn't necessary for inside-your-own-house carry, it would appear that would apply to an area just OUTSIDE your own home...ergo, the common area you're talking about.

Another possible issue:

If other residents are screaming for help, I would think that would help. Every person has "police powers" to prevent crime against themselves or their household, and can "transfer" that power to another party by asking for help. They basically "deputize you".

Real police have "police powers" for everybody, automatically - but the same situation can apply where they field-deputize you in an emergency. While incredibly rare, it does happen now and again and is legal. (Realizing this, a few sheriffs have compiled lists of local CCW holders as pre-background-screened emergency backups.)

 

[atek3]

the 'common area' is under the roof of the place, so that wouldn't be an issue.

thanks for the rapid responses.

atek3

 

[MrFreeze]

Since so many people's lives are potentially at stake in a defense situation like this, I would consult an RKBA-friendly lawyer in the area.

Travis

 

[artherd]

I belive the following, but I am not a lawyer, so please consult one for legal advice.

To the best of my knwolege, in CA:

The 'common area' is still privately owned property.

Not only may you defend it, but you may carry concealed there withought a permit. (the same applies to your place of buisness, if you own it, or get permission of those who do.)



As a practical matter, get everyone *carefully* trained who will be tasked with a weapon. Take them to a room clearing course that emphasizes background-safe defensive and offensive shooting in crowded urban environments.


Point out that by avoiding doing this, they could easialy inadvertantly launch rounds right into the head of their sleeping buddies. It would be like giving a 9 year old the keys to a Porsche and telling her to 'have at it' on the freewar.

Just like driving a car, you get instruciton FIRST on how to use it.