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OK, so here's my situation and a plan I'm formulating, any and all feedback is appreciated.
I'm currently in a year lease on my apartment, about 6 months in. I've also been searching for a home to buy, and am close to making a purchase and moving. Clearly I need to break the lease somehow, preferably without paying any penalties or having it negatively affect my credit.
The apartment lease has a provision prohibiting firearms possession entirely. This seems ridiculously extreme and a total violation of my 2nd Amd. rights. Here's a copy of the provision banning firearm possession:
"13. PROHIBITED CONDUCT.
13.1 In General. You will not engage in, and you will not permit Occupants or Guests to engage in, the following activities in the Apartment Community: (1) loud or obnoxious conduct; (2) disturbing or threatening the rights, comfort, health, safety, or convenience of others or our employees, agents or vendors; (3) engaging in or threatening violence; (4) marking or defacing any building, structure or any other property; (5) discharging a firearm; (6) displaying or possessing a gun, knife or other item, which is intended to be used as a weapon; (7) soliciting business or contributions; (8) storing anything that is flammable; (9) tampering with utilities or any sub-meter or other measuring device or system for utilities; (10) possessing or handling hazardous materials; (11) using candles or lamps, which create or contain a flame; (12) disrupting our business operations; and (13) engaging in any other conduct prohibited by the Lease."
The apartment complex I live in is huge, many multiple unit buildings, and across the street from a public middle school.
One option I've been considering for ending my lease early is to engage in unloaded open carry in the common area of the apartment complex. My hope being that this would get me evicted, and possibly set me up to challenge their ridiculous anti-firearm rule and maybe get it removed altogether. My concern is that I may get arrested since guns are outright prohibited in the lease. Also, with the school right across the street, even though this is private property, with the lease provision banning guns could I be charged with possession within 10000' of a school?
Any lawyer or UOC types who want to chime in, please do.
Apologies in advance if this is a dupe. I searched and couldn't find anything directly addressing this scenario.
I'm currently in a year lease on my apartment, about 6 months in. I've also been searching for a home to buy, and am close to making a purchase and moving. Clearly I need to break the lease somehow, preferably without paying any penalties or having it negatively affect my credit.
The apartment lease has a provision prohibiting firearms possession entirely. This seems ridiculously extreme and a total violation of my 2nd Amd. rights. Here's a copy of the provision banning firearm possession:
"13. PROHIBITED CONDUCT.
13.1 In General. You will not engage in, and you will not permit Occupants or Guests to engage in, the following activities in the Apartment Community: (1) loud or obnoxious conduct; (2) disturbing or threatening the rights, comfort, health, safety, or convenience of others or our employees, agents or vendors; (3) engaging in or threatening violence; (4) marking or defacing any building, structure or any other property; (5) discharging a firearm; (6) displaying or possessing a gun, knife or other item, which is intended to be used as a weapon; (7) soliciting business or contributions; (8) storing anything that is flammable; (9) tampering with utilities or any sub-meter or other measuring device or system for utilities; (10) possessing or handling hazardous materials; (11) using candles or lamps, which create or contain a flame; (12) disrupting our business operations; and (13) engaging in any other conduct prohibited by the Lease."
The apartment complex I live in is huge, many multiple unit buildings, and across the street from a public middle school.
One option I've been considering for ending my lease early is to engage in unloaded open carry in the common area of the apartment complex. My hope being that this would get me evicted, and possibly set me up to challenge their ridiculous anti-firearm rule and maybe get it removed altogether. My concern is that I may get arrested since guns are outright prohibited in the lease. Also, with the school right across the street, even though this is private property, with the lease provision banning guns could I be charged with possession within 10000' of a school?
Any lawyer or UOC types who want to chime in, please do.
Apologies in advance if this is a dupe. I searched and couldn't find anything directly addressing this scenario.
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