landlords and firearms

landlords and firearms

This is a discussion on landlords and firearms within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; Could anyone tell me the legal steps a landlord would have to take to prohibit firearms on their properties....

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Thread: landlords and firearms

  1. #1
    Member Array jonathancase's Avatar
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    landlords and firearms

    Could anyone tell me the legal steps a landlord would have to take to prohibit firearms on their properties.


  2. #2
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    It would have to be a condition in the lease, I would think.

    I'd never sign such a lease, but there are those who would.

    Matt
    Battle Plan (n) - a list of things that aren't going to happen if you are attacked.
    Blame it on Sixto - now that is a viable plan.

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    VIP Member Array ccw9mm's Avatar
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    The thing is, state laws generally hold that one can be armed in the home simply because it's the home. A landlord can post any signs desired but (as suggested), unless it's in the lease that was signed, that doesn't supersede state law.

    Ditto: I'd never be in such a place where living there required signing such a lease.
    Your best weapon is your brain. Don't leave home without it.
    Thoughts: Justifiable self defense (A.O.J.).
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  4. #4
    Member Array jonathancase's Avatar
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    I agree, i wouldnt live here if i had to sign such a lease. Although, after reviewing the lease i saw that one of the rules are that i cant have anything of an explosive nature. I would asume that means anything, inculding gas fireplace, heaters stove, MY CAR, but does that mean a gun.

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    VIP Member Array pogo2's Avatar
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    Ban on explosives

    Quote Originally Posted by jonathancase View Post
    Although, after reviewing the lease i saw that one of the rules are that i cant have anything of an explosive nature. I would asume that means anything, inculding gas fireplace, heaters stove, MY CAR, but does that mean a gun?
    Guns don't explode (excluding Glock .40 caliber kabooms, of course). Even ammunition does not explode. The gunpowder burns and generates hot gas under pressure. So I would say that a prohibition on explosives does not apply to guns.

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    Member Array pete156's Avatar
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    Quote Originally Posted by jonathancase View Post
    cant have anything of an explosive nature.
    I guess that rules out meth labs then.

    I would ask him to clarify what that means.

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    Member Array PgSqlQuery's Avatar
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    Quote Originally Posted by pete156 View Post
    I guess that rules out meth labs then.

    I would ask him to clarify what that means.
    Nah, I wouldn't worry about it. I definately wouldn't invite a gun ban, by asking about it, but, maybe I'm weird..... :)
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    Member Array Mojoski's Avatar
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    +1 on keeping quiet about it..

    Just keep it low key and I wouldn't sweat it. The only way the landlord would ever find out, as long as you were low key about it, was if you needed to defend yourself with your firearm. I hardly think he'd have much inclination to make an issue of it if he found out because you had to defend yourself.
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  9. #9
    Member Array PgSqlQuery's Avatar
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    Quote Originally Posted by Mojoski View Post
    +1 on keeping quiet about it..

    Just keep it low key and I wouldn't sweat it. The only way the landlord would ever find out, as long as you were low key about it, was if you needed to defend yourself with your firearm. I hardly think he'd have much inclination to make an issue of it if he found out because you had to defend yourself.
    Heh, mine figured it out, somewhere amongst the 4-5 trips out to the parking lot, to load the van up with guns, on the way to the range...

    It was funny... she just stood out front of the leasing office, with her mouth open.... :)
    Where's the best place to apply for your Ohio CHL?
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  10. #10
    VIP Member Array Tubby45's Avatar
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    When I lived in Green Bay, my landlord prohibited firearms on rental property. I sued him and won.
    07/02 FFL/SOT since 2006

  11. #11
    VIP Member Array maclean3's Avatar
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    Actually, our lease here DOES mention that unregistered firearms aren't allowed on the premises. I view that as, TN doesn't require firearms registration so I'm doing nothing wrong. If our landlord has a problem with that then she'll just have to get over it. In this neighborhood you'd be a fool NOT to have something to protect yourself with.
    Jack

  12. #12
    Member Array pete156's Avatar
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    Well, I understand not inviting trouble by not asking, but it would be nice to have a good understanding. He may not be referring to firearms.

    Shoot, make a joke out of it and ask if that mean you have to keep your dynamite outdoors. ;)

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    Senior Member Array Wayne's Avatar
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    I think the only city that this can be legal is NYC (since their smoking ban passed luster in the courts).

    Everywhere else it is generally illegal for the landlord to try to put that into a lease and enforce it. I do believe that landlords can't remove Constitutional Rights as a term for leaseing the property to you.

    In most states, even if you are leaseing the property, that property is considered as "owned" by you for the duration of the lease (or eviction).

    I would just ignore it, in any state/city/county as the landlord would have to start eviction procedings against you which would cost them alot of money and the reason "owns guns or guns on property" wouldn't pass legal muster.

    But then again, it's been years since I've lived in an apartment, rented a house, so I'm not up on the laws any longer.

    Wayne

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    Member Array homersimpson's Avatar
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    Quote Originally Posted by jonathancase View Post
    I agree, i wouldnt live here if i had to sign such a lease. Although, after reviewing the lease i saw that one of the rules are that i cant have anything of an explosive nature. I would asume that means anything, inculding gas fireplace, heaters stove, MY CAR, but does that mean a gun.
    If you want to be 100% within these rules, store the ammo somewhere else. Primers are explosive.
    Two of my favorite responses:
    "What is it about gun control laws that makes you feel safe?"
    "For the same reason I always wear my seatbelt."

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    Quote Originally Posted by Wayne View Post
    I think the only city that this can be legal is NYC (since their smoking ban passed luster in the courts).

    Everywhere else it is generally illegal for the landlord to try to put that into a lease and enforce it. I do believe that landlords can't remove Constitutional Rights as a term for leaseing the property to you.
    Hardly. Let's say you lease an apartment and really like a candidate in the local mayor's race. Could you put a big old sign up on your balcony for that candidate?

    Nope.

    Could you put in your window?

    Nope.

    Why not?

    Because the Constitution restricts the government and it's agents, servants or employees, not private companies or individuals.

    Matt
    Battle Plan (n) - a list of things that aren't going to happen if you are attacked.
    Blame it on Sixto - now that is a viable plan.

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