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zomie
12-01-2013, 1:10 PM
I got a rental application for a house in the San Jose area. The rental application asks if you own a firearm. WTF? Can you even ask that?

tleeocinca
12-01-2013, 1:15 PM
They can ask, however, if I filled out an apartment app and it asked that, I'd simply trash it and move on to the next option

brey6290
12-01-2013, 1:26 PM
I don't think it matters if you say no, if you get found out just say you bought it after you moved in, it may be a liability thing for them. You could always ask the landlord about it, maybe he had some artard shoot the cieling?

Ronin2
12-01-2013, 1:49 PM
I don't think it matters if you say no, if you get found out just say you bought it after you moved in, it may be a liability thing for them. You could always ask the landlord about it, maybe he had some artard shoot the cieling?

It may be a liability management thing for them dictated by their insurance company BUT...being in San Jose, home of gun grabbing ex police chief MacNamera and the city council that hired him... one never knows.

poriggity
12-01-2013, 1:50 PM
Not sure they can ask this or not. That being said, I'd just trash it and move on.

Ronin2
12-01-2013, 2:18 PM
Not sure they can ask this or not. That being said, I'd just trash it and move on.

^^^ Yup! its never good to live in a building where everyone is a sheep waiting to get fleeced.

BumBum
12-01-2013, 2:21 PM
I'd be more interested in knowing what the actual lease says, whether it has anything addressing firearms.

poriggity
12-01-2013, 2:21 PM
^^^ Yup! its never good to live in a building where everyone is a sheep waiting to get fleeced.

Yet another reason I am glad to be a homeowner. It is no one's business what I have in my home as far as firearms.

seo
12-01-2013, 5:19 PM
Not only can they ask, they can put into your terms and conditions that no firearm is allowed. If they find out you have one they would then have grounds to evict you.

Of course, you do not have to answer the question on the rental application. And then they can deny you the rental for not completing the form.

9w1911
12-01-2013, 5:19 PM
never admit you own firearms, let the ego go and put down no

SonofWWIIDI
12-01-2013, 5:30 PM
I don't think a rental app has "under penalty of perjury" power. So if you like the place, put no, get your own insurance for the firearms (separate from your renters insurance policy), and keep stuff locked up when you're not around. Don't leave anything gun related out in plain sight, just in case your landlord ignores the laws regarding inspection of the premises. When they do have an inspection, AFAIK, they have no right to look in your safe just at the premises themselves, (but make sure you don't alter the premises to install it. Just make it a really big one that nobody has a chance to steal!!). Make sure all your gun cases are discreet in nature, and do not scream "GUNS IN HERE" when you go to the range.

.02

It's not there business whether your own guns or not. Is there also a question on there if you own sharp standby things?

Pauliedad
12-01-2013, 5:34 PM
Yup, say no and move on to the next question.

sl0re10
12-01-2013, 6:44 PM
No

http://ecx.images-amazon.com/images/I/61fkaFv84SL._SY450_.jpg

Jongage
12-01-2013, 8:04 PM
never admit you own firearms, let the ego go and put down no

Agreed. Just say no. Even when the landlord conducts an inspection. They are still not allowed into personal areas, bed, dresser.etc.

Just don't mount your reloading equipment in the front room:D

Jongage
12-01-2013, 8:05 PM
And you can rent the house that just came available next to me. I won't ask

Rodell
12-02-2013, 5:21 AM
The real question you want to ask is: Can they disapprove my application if I have a firearm?

Yes, because gun owners are not a protected class.

It is still a crappy question.

pterrell
12-02-2013, 5:36 AM
Sounds like an equal housing opportunity case waiting to happen

Sent from my DROID RAZR HD using Tapatalk

jeffyhog
12-02-2013, 6:47 AM
There was a case a few months back where an apartment owner tried to implement a ban on firearms within the building. It may be a different case since they were attempting to restrict tenants who already lived in the building, but I believe they eventually backed down. http://www.9news.com/news/article/348974/339/Apartment-tenants-told-they-must-get-rid-of-guns
I know landlords can make restrictions regarding pets, smoking, but can they place limits on your constitutional rights?
As someone else posted, gun owners are not a protected class, so if the landlord said "I'm rejecting your application because you own a gun", I don't think you'd have the same recourse as if he said "I'm rejecting your application because you're gay" or "because you're a woman" or because you're black". Certainly wouldn't spark the same social outcry.

Probably better off finding another place, but in reality if this is allowed to continue, it will eventually become a standard practice in lease agreements. There's probably plenty of idiots who feel safer living in a "gun-free housing complex."
If you really want to live there, just check "no". What they don't know, and what is none of their business, won't hurt them. If they come through on their annual inspection and ask about the gun safe in the closet, just tell them you feel that that the location is vulnerable due to the anti-firearms policy and you lock up your laptop, photos, and other valuables any time you go away for the weekend.

SemperFi1775
12-02-2013, 7:44 AM
when in doubt, just say no....

find out why they ask if you can, or find a place that supports your rights and hard earned dough...

firemanjoe
12-02-2013, 7:56 AM
I would move on to the next.

a1c
12-02-2013, 8:31 AM
The OP is looking in Silicon Valley.

There is a LOT of competition to find lodging in that area. The demand is much higher than the supply, and prices are insane.

Telling him to move on might not be a luxury he can afford. What he needs is a legal answer.

Uglyd
12-02-2013, 8:40 AM
The OP is looking in Silicon Valley.

There is a LOT of competition to find lodging in that area. The demand is much higher than the supply, and prices are insane.

Telling him to move on might not be a luxury he can afford. What he needs is a legal answer.

I was thinking the same thing. Sometimes you gotta just take whatever is available. After the market tanked a few years ago, rentals went through the roof. Moving on may mean missing out on a deal that won't come back around.

9w1911
12-02-2013, 8:53 AM
but with this application once filled out it, and from what I gather it does not say you cant buy any guns who is to say at the time you signed the lease or application you owned no guns? and purchased the remainder of your firearms
after you moved it.

BumBum
12-02-2013, 10:32 AM
I just posed the question (Can a Landlord prohibit a Tenant from owning firearms?) to an online attorney and received the response that there is a statute in CA that allows this restriction, however the attorney said he has not been able to locate the statute yet. This naturally makes me wonder about the accuracy of the advice, but perhaps he will elaborate now that I have requested more info.
I'll post back if there is more to tell.

I've been searching Lexis (which has California Codes online) and I'm not finding this supposed statute anywhere.

curtisfong
12-02-2013, 10:51 AM
The question isn't if a landlord can ask you.

The question is, under what circumstances can he

1) refuse to rent to you
2) evict you *even* if you are paying rent

2) is almost impossible in CA.

VendetAR
12-02-2013, 11:21 AM
It is possible that the owners home owners policy restricts or prohibits firearms, although I am much more confident that the owner is an anti who wants a similar anti tenant.

curtisfong
12-02-2013, 11:29 AM
I doubt it. Odds are it is boilerplate and he copied it from somewhere.

Whiskey_Sauer
12-02-2013, 11:46 AM
I know landlords can make restrictions regarding pets, smoking, but can they place limits on your constitutional rights?

As someone else posted, gun owners are not a protected class, so if the landlord said "I'm rejecting your application because you own a gun", I don't think you'd have the same recourse as if he said "I'm rejecting your application because you're gay" or "because you're a woman" or because you're black". Certainly wouldn't spark the same social outcry.

The Constitution does not prohibit race/gender discrimination between private individuals. Specific federal and state statutes so prohibit, e.g., in housing (Title VIII of the Civil Rights Act of 1968.)

Armando de la Guerra
12-02-2013, 11:48 AM
They can ask me anything they want. And I can answer anything I want.

Whiskey_Sauer
12-02-2013, 12:13 PM
If I were your friend, I would tell you to lie about the application, and keep a low profile on your guns (i.e., keep them out of sight).

If I were your attorney, I would tell you to tell the truth on your application.

Good thing I am neither.

sakosf
12-02-2013, 3:22 PM
If the rental market is tight in OP's area, then the property owner likely has several qualified applicants to choose from.....answering "yes" unfortunately might result in OP losing out of getting the apt.

fizux
12-02-2013, 10:13 PM
The Constitution does not prohibit race/gender discrimination between private individuals. Specific federal and state statutes so prohibit, e.g., in housing (Title VIII of the Civil Rights Act of 1968.)
My wacky argument is that a LL can only evict the tenant with a writ of possession -- that is your state action.

Whiskey_Sauer
12-03-2013, 8:43 AM
My wacky argument is that a LL can only evict the tenant with a writ of possession -- that is your state action.

Well, it may be wacky, but not completely without merit. See Howerton v. Gabica, 708 F.2d 380 (9th Cir. 1983) (action by landlord was under color of authority when enlisting the police to assist in an allegedly improper eviction.) Not a great argument, but at least an argument.

MaHoTex
12-03-2013, 9:11 AM
Take a hint from former first lady Nancy Reagan and "Just say no" and then STFU.

:D

SNCaliber
12-03-2013, 10:23 AM
just put no..

MontClaire
12-03-2013, 10:26 AM
If I owned an apartment complex, probably not want any extra liabilities. Besides my insurance make it pretty clear. Just go to the next place or simply write NO. Who's going to know?

fizux
12-03-2013, 12:05 PM
Well, it may be wacky, but not completely without merit. See Howerton v. Gabica, 708 F.2d 380 (9th Cir. 1983) (action by landlord was under color of authority when enlisting the police to assist in an allegedly improper eviction.) Not a great argument, but at least an argument.
I was thinking Shelley v Kraemer, 334 U.S. 1 (1948), but Howerton works as well. Also, Moose Lodge v. Irvis, 407 U.S. 163 (1972), if the local jx requires a business license for that size apt bldg.

It would work well in TX, but not so well here in the Bay Area.

Bobby Ricigliano
12-03-2013, 12:13 PM
If I had a rental property, I would naturally not object to gun ownership. I would be more concerned that the renter was not an idiot and demonstrates safe gun handling and won't launch a stray bullet through the wall into the neighbor's place. But since nobody is going to admit this (even though I see them ALL THE TIME at public ranges) I am glad I'm not a landlord.

JackRydden224
12-03-2013, 1:35 PM
I'm a landlord and yes I have the right to ask. It's my private property so I get to decide what I want on my property. Now just because the landlord ask doesn't mean he/she is opposed to it. I think some calgunners get too nervous when people ask about gun owner ship.

I went to my new doctor 2 months ago and told him straight up that I own guns. He responded by tell me how he used to own guns and some of his hunting stories. He only has a few for HD now because he had to sell them to pay off med school loans.

Take your TFH off and ask your landlord or doctor how the question is relevant. Ask them why they are asking the question. It might have something to do with liability or insurance which they would have no choice but to ask otherwise they would be on the hook for something. You don't know. I don't know. Ask and find out so we all learn something.

sakosf
12-03-2013, 1:55 PM
If I had a rental property, I would naturally not object to gun ownership. I would be more concerned that the renter was not an idiot and demonstrates safe gun handling and won't launch a stray bullet through the wall into the neighbor's place. But since nobody is going to admit this (even though I see them ALL THE TIME at public ranges) I am glad I'm not a landlord.

Well, if somebody bought a home or condominium next to where you live, would you want to make sure the new owner was not an "idiot" and have the person demonstrate safe gun handling techniques......to avoid having a stray round come through your wall or window?....providing of course you knew they own a firearm/s

JackRydden224
12-03-2013, 2:01 PM
Well, if somebody bought a home or condominium next to where you live, would you want to make sure the new owner was not an "idiot" and have the person demonstrate safe gun handling techniques......to avoid having a stray round come through your wall or window?....providing of course you knew they own a firearm/s

That's irrelevant and something completely different. What the neighbor does on his or her own property is their business. What the renter does on the landlord's property is entirely the landlord's business. If my renters shot someone through the wall I'll be getting the call because it is my property.

EDIT: Simply put, what you do on your property is none of my business but what you do on my property IS my business.

sakosf
12-03-2013, 2:12 PM
That's irrelevant and something completely different. What the neighbor does on his or her own property is their business. What the renter does on the landlord's property is entirely the landlord's business. If my renters shot someone through the wall I'll be getting the call because it is my property.

My comment is not about what is legitimately a landlord's business regarding a tenant. It was about if in the poster's mind, a renter was more likely to be a "idiot" vs a owner.

sakosf
12-03-2013, 2:27 PM
OP is trying to rent in the SF Bay Area.....a area that is known for it's anti gun sentiment. So, it is not unreasonable for OP to have some concern for the question on the rental application. My suggestion is if OP objects to the question, that he takes his money looks elsewhere. An acquaintance of mine was looking for an apartment to rent in San Francisco a couple of years ago. None of the rental applications he got had a question regarding firearms.

JackRydden224
12-03-2013, 2:57 PM
My comment is not about what is legitimately a landlord's business regarding a tenant. It was about if in the poster's mind, a renter was more likely to be a "idiot" vs a owner.

That's not how I interpreted your message but after reading it 5 times I guess it can be interpreted that way. I'll let Bobby answer that.


OP is trying to rent in the SF Bay Area.....a area that is known for it's anti gun sentiment. So, it is not unreasonable for OP to have some concern for the question on the rental application. My suggestion is if OP objects to the question, that he takes his money looks elsewhere. An acquaintance of mine was looking for an apartment to rent in San Francisco a couple of years ago. None of the rental applications he got had a question regarding firearms.

That's a passive aggressive way to go about it. Why not just tell the landlord the truth and ask him/her if that's going to be a problem. For all you know the landlord can say no it is not or the landlord can be a follow firearms enthusiast. I do not see the point for OP to just walk away without trying. He doesn't have anything to lose.

When there is a concern you address it. I don't just walk away and ***** about it on the internet.

hermosabeach
12-03-2013, 3:11 PM
Unless the lease also prohibits firearms, answer no

A landlord can prohibit waterbeds, pets, smoking and such.

If the lease also prohibits firearms, pass on signing the lease.

If you get caught and they file for eviction, it stays on your record for 10 years.

sakosf
12-03-2013, 4:23 PM
"Originally Posted by JackRydden224"
"I think some calgunners get too nervous when people ask about gun owner ship"

Likely those Calgunners that live in areas of the CA where a strong majority of the people have a negative view of guns and of people that choose to own them.

JackRydden224
12-03-2013, 4:57 PM
"Originally Posted by JackRydden224"
"I think some calgunners get too nervous when people ask about gun owner ship"

Likely those Calgunners that live in areas of the CA where a strong majority of the people have a negative view of guns and of people that choose to own them.

That's probably true but that's not always the case. I bought a gun magazine at Oakland air port a couple of weeks ago and the cashier asked me if I owned any guns. I said yes and asked her if she is interested in owning one. We went on to have a 10 minute conversation about how she lives in a bad area so she wants a gun for protection.

I think we need to keep in mind that in areas where guns are viewed negatively it makes it harder for potential gun owners to seek advice. We do have some allies out there. Don't think everybody is an enemy (although we do have a lot of them).

BumBum
12-03-2013, 5:03 PM
Unless the lease also prohibits firearms, answer no

^^^This! As I asked OP yesterday, what does the lease say? That's the ONLY thing that matters here. If the lease doesn't address firearms, then the question on the application (and our discussion here) is pointless. Seeing as how OP hasn't answered this and hasn't posted in this thread since he posted it yesterday, perhaps we should move on unless he comes back.

sakosf
12-03-2013, 6:17 PM
This topic has come up before. From what I remember from a past discussion on the forum, there is supposedly one state back east that has a state law barring a landlord from prohibiting a tenant from having a firearm, if the tenant has a CCW

SmokieBear
12-03-2013, 10:10 PM
whose the property managed by? im thinking of renting a place in west san jose and will steer clear from that place.

Bobby Ricigliano
12-04-2013, 2:04 AM
Well, if somebody bought a home or condominium next to where you live, would you want to make sure the new owner was not an "idiot" and have the person demonstrate safe gun handling techniques......to avoid having a stray round come through your wall or window?....providing of course you knew they own a firearm/s

Your argument is bogus because i would have zero control, liability, or legal standing over a neighbor's residence. I have no control over who buys or rents it. That is quite different from a rental property where I can choose who I want to rent to.

Too bad you got butthurt because you thought I was insulting renters, which I clearly wasn't. Lots of idiots own their own homes too.

sl0re10
12-04-2013, 6:29 AM
The OP is looking in Silicon Valley.

There is a LOT of competition to find lodging in that area. The demand is much higher than the supply, and prices are insane.

Telling him to move on might not be a luxury he can afford. What he needs is a legal answer.

or the guitar case.

sl0re10
12-04-2013, 6:35 AM
I doubt it. Odds are it is boilerplate and he copied it from somewhere.

Yeah; could be. I bough a rental form to use... but in MS Word format... so I could go through and delete all the nonsense. I remember it needing a lot of pruning to get it to sanity...

Tripper
12-04-2013, 6:37 AM
I haven't thought of firearms
How are YOU as a landlord going to guarantee the safety of me and my family
Are you suggesting I need a gun to live here

sakosf
12-04-2013, 7:14 AM
Your argument is bogus because i would have zero control, liability, or legal standing over a neighbor's residence. I have no control over who buys or rents it. That is quite different from a rental property where I can choose who I want to rent to.

Too bad you got butthurt because you thought I was insulting renters, which I clearly wasn't. Lots of idiots own their own homes too.

"was not an idiot and demonstrates safe gun handling"

How would you propose a potential renter demonstrates to your satisfaction safe gun handling to you if you were the landlord?

fizux
12-04-2013, 7:21 AM
"was not an idiot and demonstrates safe gun handling"

How would you propose a potential renter demonstrates to your satisfaction safe gun handling to you if you were the landlord?
Take the potential tenant to the range as part of the interview process...?

sakosf
12-04-2013, 7:52 AM
The OP is looking in Silicon Valley.

There is a LOT of competition to find lodging in that area. The demand is much higher than the supply, and prices are insane.

Telling him to move on might not be a luxury he can afford. What he needs is a legal answer.

I am aware there is a lot of competition for rental units in that area. The competition is likely even greater in SF. I can understand OP not being comfortable answering the question, given the anti gun sentiment of the Bay Area.....just look how the recent vote in Sunnyvale went. Also, It is not unreasonable to wonder if answering yes could lead to follow up questions such as how many guns and what type. If I was presented a rental application with a question asking if I owned any firearms, I would more likely be willing to discuss the question with the owner if I was applying in a more gun friendly area of the state. My guess is the owner of the property OP is considering filling out the rental application for, likely will have more then a few qualified candidates to chose from given the supply & demand situation in that area. In my opinion, unless the property owner has a positive view toward guns or really likes OP, he or she will likely choose one of the other qualified applicants that answered "NO" to the question. Personally, unless the apt/house was really perfect for me in most ways, I would likely pass on applying. I would prefer not lie on a application.
Yes, OP would benefit in his search for a place to rent having a legal answer....he needs to seek that from a lawyer

BumBum
12-04-2013, 9:44 AM
I would prefer not lie on a application.

Again, unless the actual LEASE deals with this issue, the rental application is no more useful than a piece of toilet paper. It’s not like a government document signed under penalty of perjury.

Also, people have been WAY overstating a landlord’s liability when it comes to firearms owned by tenants. A landlord is only liable to an injured party if a plaintiff can successfully prove that the landlord had knowledge of the tenant's acts, that a danger existed, and that the landlord also had the opportunity and ability to eliminate the dangerous condition.

This was discussed in Rosales v. Stewart (1980) 113 Cal. App. 3d 130. In that case, the tenant was KNOWN to occasionally discharge a firearm in the back yard of his dwelling. One day, a bullet from this tenant’s gun struck a little girl playing next door. Landlord gets sued for wrongful death. Even then, the court said the plaintiff properly pled knowledge and danger, but failed to properly plead opportunity and ability to eliminate.

In short, this is not an issue landlords really ought to worry about. Owning firearms is completely legal and not inherently dangerous. If a tenant shows propensities to be violent or misuses a gun at some point, then evict them. Only then could I see liability come into play for a landlord.

bako88fan
12-04-2013, 10:03 AM
Thanks BumBum for posting this. It's good to see we have some lawyers who contribute to our community. The law is such a complicated thing to navigate.

BumBum
12-04-2013, 11:50 AM
^^That's why I ask what the lease states. However, even in that case, good luck to a landlord trying to evict a tenant on those grounds. Unlawful detainer judges don't usually entertain ticky-tack things like that. That kind of provision is generally only useful as an escape route for the landlord before the tenant moves in. In UD court, it's a different ballgame, and the judge usually only cares whether you paid the rent. And to that point, a tenant who pays their rent on time and doesn't create a ruckus generally isn't going to be a target for eviction. Like most people, landlords just want their money without a hassle to get it.

e90bmw
12-04-2013, 3:05 PM
Again, unless the actual LEASE deals with this issue, the rental application is no more useful than a piece of toilet paper. Itís not like a government document signed under penalty of perjury.

Also, people have been WAY overstating a landlordís liability when it comes to firearms owned by tenants. A landlord is only liable to an injured party if a plaintiff can successfully prove that the landlord had knowledge of the tenant's acts, that a danger existed, and that the landlord also had the opportunity and ability to eliminate the dangerous condition.

This was discussed in Rosales v. Stewart (1980) 113 Cal. App. 3d 130. In that case, the tenant was KNOWN to occasionally discharge a firearm in the back yard of his dwelling. One day, a bullet from this tenantís gun struck a little girl playing next door. Landlord gets sued for wrongful death. Even then, the court said the plaintiff properly pled knowledge and danger, but failed to properly plead opportunity and ability to eliminate.

In short, this is not an issue landlords really ought to worry about. Owning firearms is completely legal and not inherently dangerous. If a tenant shows propensities to be violent or misuses a gun at some point, then evict them. Only then could I see liability come into play for a landlord.

I agree.
As a landlord and gun owner.
I have never been concerned about my tenant owning a gun.
I'm more concerned about cat pee on the hard wood floors.

FTW9999
12-04-2013, 3:40 PM
I would have to answer "No, I don't own a firearm." Because I own a lot of firearms... LOL

Sakiri
12-04-2013, 4:29 PM
The application that I have tenants sign states,

"Applicant represents the above information to be true and complete."

The Rental Agreement states,

"Tenant warrants that all statements in Tenant's rental application are accurate. Landlord may cancel this Agreement at any time upon discovering that information in Tenant's application is false".

The application is thereby incorporated into the agreement and is by no means, "no more useful than a piece of toilet paper".

Do you have firearms?

I did not when I moved in here. So because I purchase something that the lease application asked if I had before I moved in, I'm supposed to be on grounds for eviction because it's no longer accurate?

It's not like I'm putting a waterbed on a second level apartment. You know when they'll find out I have arms in the apartment? When I have to use it.

That said, I didn't see anything on the application when I rented here. I honestly think it's on the bottom of their priority. They rent to college students.

Pally
12-04-2013, 4:53 PM
OP: The CA state agency, DFEH, has a landlord/tenant guidebook available on its website. http://www.dca.ca.gov/publications/landlordbook/catenant.pdf

I searched it for firearms, guns and weapons. Only weapons showed up on page 67. When Can a Landlord Terminate a Tenancy? However, it states; "unlawful conduct involving weapons or ammunition".

You would need to read further (see the reference #279, at bottom of pg 67)- Civil Code Section 3485 http://codes.lp.findlaw.com/cacode/CIV/5/d4/3/1/s3485

Good Luck!

BumBum
12-05-2013, 8:50 AM
OP: The CA state agency, DFEH, has a landlord/tenant guidebook available on its website. http://www.dca.ca.gov/publications/landlordbook/catenant.pdf

I searched it for firearms, guns and weapons. Only weapons showed up on page 67. When Can a Landlord Terminate a Tenancy? However, it states; "unlawful conduct involving weapons or ammunition".

You would need to read further (see the reference #279, at bottom of pg 67)- Civil Code Section 3485 http://codes.lp.findlaw.com/cacode/CIV/5/d4/3/1/s3485

Good Luck!

Civil Code ß 3485 only provides authority to the city attorney in the cities of Los Angeles, San Diego, Oakland, and Sacramento to initiate eviction proceedings following an arrest for "unlawful weapons or ammunition purpose". It does not appear that landlords can rely on this code section.

Interesting note, Civil Code ß 3485 is a pilot program that expires at the end of this month. Subsection (h) states that the statute is repealed as of January 1, 2014.

On a further note, the Findlaw cite provided by Pally is actually an old version of the law, where it states the original repeal date of January 1, 2010. This should be a caution to everyone using the internet to research legal topics. What you may find is not always current or accurate. This is true even for government-issued guides like the DFEH publication.

JackRydden224
12-05-2013, 10:03 AM
Listen to Bum Bum, he is a lawyer :D

Sakiri
12-05-2013, 1:30 PM
I just spoke of a friend of mine that manages property and rents out units in apartment complexes in Idaho.

He is unaware of any insurance policies that require anyone to ask about firearms, as their policies aren't liability. Anything that happens in the unit is the tenant's responsibility unless it comes from defect in the structure itself, ie: bad wiring, etc.

If the landlord is discriminating against firearms owners, it's not insurance, it's the landlord being a jerk.

As for if they can legally do that, I'd have to go ask someone else, as that buddy of mine doesn't know anything of California specific tenant law.

Though to be fair, I also did research on this recently when I started bringing firearms into the unit. There is no statute anywhere that prevents them from doing so, and there's nothing that says they can.

I'd go to a lawyer myself if there's the option, OP. As for me? If there was a no firearms stipulation on any of the lease agreements that I'd ever have the requirement to look over before renting a place, I'd tell them no, I'm not signing it, why I'm not signing it, and suggesting they rethink that policy before leaving the office.

Lebaneseblonde
12-10-2013, 9:44 AM
Yet another reason I am glad to be a homeowner. It is no one's business what I have in my home as far as firearms.

Agreed. My insurance company asked when I was looking for a quote. At that time answer was no, Since moved on to a different company.

Best sale
12-10-2013, 12:28 PM
whose the property managed by? im thinking of renting a place in west san jose and will steer clear from that place.

As said above, steer clear of that place. There is a lot of rental properties around San Jose, why give ur money to some nosey, apparently ignorant landlord??????? That question to me is a sign of more BS to come......

toddytguns
12-10-2013, 1:37 PM
FWIW, FYI an insurance company is asking about firearms so that you are properly insured. The basic homeowners/renters policy will only cover about $1000 value in firearms. They are asking so that you have the option to add more coverage for the loss of any firearms. The might, small percentage, be asking for liability reasons.

Harley Quinn
12-14-2013, 8:11 AM
Original Poster's question... They can put it into lease agreement and ask you...Honesty is the correct answer.
You are putting yourself at risk with anything but...IMHO
Best sale mentioning "steer clear" is very important for your future, in renting and legal aspects, later me thinks...
You lie on the form, get caught, you are toast for a long time in the renting a place to live category..
Simple answer why do it (lie) be proud you own them and tell the world...:60:
Regards

proraptor
12-14-2013, 8:55 AM
The problem with saying no is when you want to take your guns anywhere you are going to have to disguise them as something else. F that

sakosf
12-14-2013, 5:22 PM
The problem with saying no is when you want to take your guns anywhere you are going to have to disguise them as something else. F that

Well, yes if you own rifles and/or shotguns it could pose a problem getting the weapons to your car unnoticed, if you live in an apartment building. When I moved to San Francisco, I was careful about choosing a place to rent since I owned bolt action rifles and I liked to going to the rifle range. I chose a 5 unit apartment building with a 2 car garage that I and only other tenant share. The garage can be accessed from inside the apartment building from a door that is is just a few seconds walk from the front door of my apartment. In all the years I have lived here, I very much doubt if any of the other tenants know I own firearms or that I have a 03FFL, nor the landlady who happens to live in the neighborhood and she has been in my apartment a number of times to supervise maintenance worker repair/s over the years.
Personally, I would pass on a rental application that asked about firearms and would never sign a lease that barred firearms. I might be open to answering the question if I was applying for an apartment in a more gun friendly area such as NV, AZ, Wyoming.....

bodger
12-14-2013, 5:27 PM
Agreed. Just say no. Even when the landlord conducts an inspection. They are still not allowed into personal areas, bed, dresser.etc.

Just don't mount your reloading equipment in the front room:D

Actually, that would be pretty funny. No firearms in the house but a nice reloading set-up. Hey, it didn't say anything in the lease about reloading my own ammo!

jeremiah12
12-15-2013, 12:08 PM
I am just throwing this out there to ask the question and not to be a troll. How would SCOTUS view a landlord prohibiting a renter from keeping firearms on the property for self-defense after their rulings in Heller and MacDonald?

BumBum
12-15-2013, 2:18 PM
How would SCOTUS view a landlord prohibiting a renter from keeping firearms on the property for self-defense after their rulings in Heller and MacDonald?

Depends on who the landlord is. If the landlord is a government entity, then Heller and McDonald would more directly apply. If the landlord is a private individual/entity (like the vast majority of landlords), because they are not state actors, most constitutional principles would not apply to them. This is not to say you are completelyy out of luck, there may be a public policy argument. Some states may also have separate laws prohibiting this. But in the strict sense of the question, these cases would have no direct application to private landlords.

SOAR79
12-15-2013, 2:36 PM
No

http://ecx.images-amazon.com/images/I/61fkaFv84SL._SY450_.jpg

haha nice

njineermike
12-15-2013, 2:46 PM
They can ask if you've had sex with a goat while wearing a Raggedy Ann costume. You don't have to answer.

diverwcw
12-15-2013, 3:25 PM
I don't know of the legality/illegality of such a question but I would say that a landlord can say what does/does not go on at their property. I chalk it up to the anti gun hysteria and hatred toward gun owners in this state.

retiredAFcop
12-23-2013, 1:35 PM
Not only can they ask, they can put into your terms and conditions that no firearm is allowed. If they find out you have one they would then have grounds to evict you.

Of course, you do not have to answer the question on the rental application. And then they can deny you the rental for not completing the form.

It is their right as the property owner to restrict firearms on their property.

If you do own guns, and plan to have them in the rental, do not lie about them, and do not sign a lease where you agree not to have firearms on the property.

Unfortunately, some of the "standard" rental application forms that landlords use include that question. If you want the rental, check the actual lease agreement. If the lease agreement doesn't exclude firearms, you can decide how you want to handle the question on the application.

I have seen the question on a rental application, and asked the owner/manager if the lease forbids them. They have then told me that they aren't worried about it, but the question was already on the form that they bought/downloaded. I left it blank, rented the house, and lived there for years without any problems about my guns. I left them with the vague impression that I may have had an old .22 rifle or shotgun.

Kid Stanislaus
12-24-2013, 5:07 PM
never admit you own firearms, let the ego go and put down no

My guess is there's no legal repercussions from lying on their questionaire. Learn to keep yer trap shut and nobody should know.;)