Interesting legal question regarding carry in campus apartments

Interesting legal question regarding carry in campus apartments

This is a discussion on Interesting legal question regarding carry in campus apartments within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; Hi all, I know there aren't many lawyers here, but I have an interesting issue in Minnesota. I am signing a lease for campus apartments ...

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Thread: Interesting legal question regarding carry in campus apartments

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    Distinguished Member Array Madcap_Magician's Avatar
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    Interesting legal question regarding carry in campus apartments

    Hi all,

    I know there aren't many lawyers here, but I have an interesting issue in Minnesota.

    I am signing a lease for campus apartments at Alexandria Technical College for this summer. The lease includes boilerplate "Tenant shall not possess handguns, firearms, or any weapon on premises..." language.

    Now, the catch is this:

    MN 624.7132 Subd. 17(e): "A landlord may not restrict the lawful carry or possession of firearms by tenants or their guests."

    But also:

    MN 624.7132 Subd. 18(b): "A public postsecondary institution regulated under chapter 136F or 137 may establish policies that restrict the carry or possession of firearms by its students while on the institution's property. Academic sanctions may be invoked for a violation."

    Now, in the parking lots we are in the clear because of:

    MN 624.7132 Subd. 18(c): "Notwithstanding paragraphs (a) and (b), an employer or a postsecondary institution may not prohibit the lawful carry or possession of firearms in a parking facility or parking area."

    So the question is: Which one takes precedence? Additionally, what if the company managing the campus-affiliated apartments is not the postsecondary school itself, but a legally separate (if not practically separate) corporation?
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    MN 624.7132 Subd. 18(b): "A public postsecondary institution regulated under chapter 136F or 137 may establish policies that restrict the carry or possession of firearms by its students while on the institution's property. Academic sanctions may be invoked for a violation."
    If the property is owned by the school, it doesn't matter who manages it. I'd say with the given information, you can't carry. I'd look for another apartment.
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    VIP Member Array high pockets's Avatar
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    Since I am not a lawyer, AND I did not stay at a Holiday Inn last night, I can only suggest you contact the former and arrange to stay at the latter until you get this resolved.
    "If you make something idiot proof, someone will make a better idiot."

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    I would take the higher route and find new accommodations. One I wouldn't want to fund an anti gun housing property and second I wouldn't want to get expelled from school for exercising my right to carry. If you live off campus you could carry to and from, just not to class. That is better than having to remain unarmed for the duration.
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    Quote Originally Posted by archer51 View Post
    If the property is owned by the school, it doesn't matter who manages it. I'd say with the given information, you can't carry. I'd look for another apartment.
    This.

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    Quote Originally Posted by SamRudolph View Post
    Hi all,

    MN 624.7132 Subd. 18(b): "A public postsecondary institution regulated under chapter 136F or 137 may establish policies that restrict the carry or possession of firearms by its students while on the institution's property. Academic sanctions may be invoked for a violation."
    IANAL

    If it is "the institution's property", this seems pretty clear. You may need a lawyer and a bunch of research to decipher that. But the sanctions part I find interesting, and you will need a lawyer for that one. Is this saying they can sanction you (kick you out of school) but it is not illegal? I am thinking this was added in for exactly this reason. Gives the schools control over the students, without the threat of charges.

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    Quote Originally Posted by high pockets View Post
    Since I am not a lawyer, AND I did not stay at a Holiday Inn last night, I can only suggest you contact the former and arrange to stay at the latter until you get this resolved.
    This works for me, or just find a new place to live (which I would do at the first opportunity).
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    The" I did not stay at the Holiday Inn " is Funny.

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    Quote Originally Posted by TVille View Post
    IANAL

    If it is "the institution's property", this seems pretty clear. You may need a lawyer and a bunch of research to decipher that. But the sanctions part I find interesting, and you will need a lawyer for that one. Is this saying they can sanction you (kick you out of school) but it is not illegal? I am thinking this was added in for exactly this reason. Gives the schools control over the students, without the threat of charges.
    That is correct. It is specifically legal for a permit holder to carry on the campus of a public university in Minnesota; however, if that employee is a student, staff member, or faculty member, they can face academic discipline up to and including termination or expulsion.

    The question comes down to whether the university's role as a university or as a landlord takes precedence, and I am 99% sure this has never been addressed by a Minnesota court. I have no desire to be the test case.

    I was specifically told that I can keep guns in my car (per state law), or there is lockup offered by the Law Enforcement department. I will probably just grin and bear it.
    Hakkaa päälle!

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    Just how bad do you need to live there? Being able to keep your gun in your car is of no real advantage to you either way.
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