Cleaning legalities

[Big Calhoun]

So my wife and I live in an apartment/condo while we find a house. We live on the ground floor and have a balcony. The balcony has a partial wall that extends up about 4 ft on all sides. On the balcony itself, I have a couple of chairs and a table for when I like to hangout or work outside.

So for the past year or so, I've always cleaned my guns outside on the balcony. I take it apart before going outside, take all my cleaning materials out first, then bring the weapon (disassembled) that I'm going to clean. Met a few in my complex that are also fellow shooters and thus made a few friends here and there.

So now, some guy moved in recently. I'm out on Saturday cleaning my firearm and listening to music, the usual. If you were in the Dallas area, you remember the dust that kicked up this weekend. With that in the air, I put the various gun parts in a clear tupperware container until I needed them which was sitting on top of the wall that covers my balcony. Simple.

Well, this nieghbor and, I assume some type of girlfriend/significant other/'friend', were getting out of their vehicle and see me as I'm moving things around. I assume she saw the frame because the next thing you knew, I picked up the word 'gun' in a conversation and she looked really panicked. So the gentleman (I use that term loosely) comes over and basically tells me I'm breaking the law and he's going to call the police. HUH!?!?!?

Did I do something wrong? Can I not clean my firearms on my own balcony? Granted, most times I leave them on the table which is blocked by the partition that I mentioned earlier. But with the dust blowing around and being halfway in the middle of cleaning, I wanted to finish up and had to move things around. So I'm just trying to undertstand, could I be charged with brandishing a weapon if someone came by my balcony, and saw me on my balcony cleaning a disassembled firearm?

This was one of the reasons that I break them down before going outside, trying to be mindful of my nieghbors and not start a panic. But dang, you still can't win.

[kw5kw]

Oh, wasn't that dust terrible, reminded me of living in Lubbock, err I do digress on that subject and hijack this thread!

The way that I understand this is that you are on property that you control, and as long as you aren't off of your property then you are ok.

Now, I am no lawyer, but if I can wear my weapon--open on my belt, not concealed--while I'm mowing my front lawn and break no law, then you can clean your weapon whilst in the confines of your 'personal' balcony.

But lets see what other's have to say.

Russ

[seamusTX]

You weren't doing anything wrong. You can do whatever you like with weapons on your own premises except point them at people.

If the guy calls 911, they'll probably tell him he's nuts*.

I clean my weapons on the back porch all the time, unless the weather is intolerable.

*Speaking of nuts, I read a list of weird 911 calls. One man complained that there was a squirrel in a tree outside his window "staring at him."

- Jim

[Big Calhoun]

Thanks for the responses. I didn't think/don't think I'm doing anything wrong but the whole rental/condo scenario kind of threw me off because we're not buying it, it's just temporary into we move into a house next year. For the most part, I get along with all my nieghbors and don't have any issues. It figures almost a year to the day we've been there, we start having problems.

[txinvestigator]

Ahh, the sheeple. You were not breaking any law.

[Syntax360]

I clean my firearms on my patio in my apartment complex - never had any problems and you are well within your rights to do so.

[MrDrummy]

Oh, wasn't that dust terrible, reminded me of living in Lubbock...

Hey, Hey!! Terrible and Lubbock should never go in the same sentence together. Oh, ok. You're right. We had about a quarter inch of red dirt sitting on every window sill. How's that stuff get inside?!!?

Back to the topic at hand:

The only issue I'd have with cleaning my guns outside on my balcony is that everyone who walks by can see them.

Maybe I'm just paranoid, but I'd like as few people as possible to know that I have guns inside my apartment.

[sparx]

With what everyone else has said... lived in numerous apartment complexes throughout the mid-west have had never had trouble before, but there's always one it seems. I've cleaned guns as well as refinished stocks and barrels on a couple long guns (which have stayed out on the balcony for long periods of time to dry) and have not once had anyone complain, but if they had I would have gladly let them know they're free to call whoever they choose, and wish them a nice day!

[sparx]

The only issue I'd have with cleaning my guns outside on my balcony is that everyone who walks by can see them.

Maybe I'm just paranoid, but I'd like as few people as possible to know that I have guns inside my apartment.

I've been fortunate in that with all the apartment living I've done, I became picky early on and would always opt for as much privacy outside my balcony I could get so the dogs would have as little distraction as possible... helps keeps them quiet.

So, basically the only people back there besides us would be neighbors, not passers-by, and by luck I guess every one of my neighbors has appreciated the fact that I was armed. Of course I've always made it a point to at least introduce myself to them before then with a little chit-chat, just so they would know I wasn't really one of those "reclusive gun nuts" that the media always likes to pick on.

[HankB]

Some sheeple are so antigun that their paranoia borders on genuine mental illness.

About a year or two back, a poster on another forum had a woman dial 911 because he had a pro-gun bumper sticker on his car!

The responding police were less than amused by the woman's antics . . .

[Venus Pax]

Some sheeple are so antigun that their paranoia borders on genuine mental illness.

About a year or two back, a poster on another forum had a woman dial 911 because he had a pro-gun bumper sticker on his car!

The responding police were less than amused by the woman's antics . . .

The bumper sticker offended her, I'm sure. Offending someone is getting to be a crime. I get so infuriated at these people that are offended at the slightest things. I finally asked a lady one day, "So, is this the first time you've been offended?"

[bevans]

Hey guys my wife is a property mngr and works for one of the largest property managment companys around . HER name is Kim and she wants to reply to this : The lease contract states that you can not carry an unlawful weapon on the premises. Of course we know that means an unregistered handgun when you do not have your Concealed Handgun License. Furthermore, you patio is part of the "leased premises". KIM
I just was mentioning this post and she had to put her two cents in.

[Liberty]

Hey guys my wife is a property mngr and works for one of the largest property managment companys around . HER name is Kim and she wants to reply to this : The lease contract states that you can not carry an unlawful weapon on the premises. Of course we know that means an unregistered handgun when you do not have your Concealed Handgun License. Furthermore, you patio is part of the "leased premises". KIM
I just was mentioning this post and she had to put her two cents in.

Just about any handgun or longgun is legal in ones home. There are several circumstances where hand gun maybe legally carried by a non CHLer.
All handguns are legaly owned if the owner is of legal age and isn't otherwise prohibited from owning one. No registration is required.
The phrase on the lease is virtually meaningless.

[casselthief]

eeeeeeeeeeeeeeeew, illegal gunses!!!!! stay away!
I think Mrs Bevans was re-emphasising that you're cool on yer patio, since they aren't illegal weapons.

you know, i think we outta cut the neighbor a little slack. In this day and age of the Prez tellin' us to report "suspicious" behaviour and what-not, maybe she was doing what she thought was right.
perhaps if handled correctly, and the right information given, this person could be sorted out, and maybe (just maybe), brought forth from the darkness that is known as anti-!!!

but hey, who am I, some kind of ambassador?

[seamusTX]

An "unlawful weapon" would be a zip gun or atomic bomb.

Here's the list:

PC §46.05. PROHIBITED WEAPONS. (a) A person commits an offense if he intentionally or knowingly possesses, manufactures, transports, repairs, or sells:
(1) an explosive weapon;
(2) a machine gun;
(3) a short-barrel firearm;
(4) a firearm silencer;
(5) a switchblade knife;
(6) knuckles;
(7) armor-piercing ammunition;
(8) a chemical dispensing device; or
(9) a zip gun.

Items 2, 3, and 4 are not prohibited if they are federally licensed.

- Jim