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Apartments, Firearms and the Law?

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  • #16
    Prowler
    Senior Member
    • Apr 2006
    • 2099

    Originally posted by glockman19
    Yes they have the right to include it in the lease but it would be uninforceable.
    Why would that lease be unenforceable? That would be in direct violation of the lease. If the Tenant accepts the terms of the lease, then the Tenant must abide by the terms of the lease. If the Tenant does not want to agree to those specific terms, then the prospective Tenant will not get the lease, unless the Landlord modifies the lease and allows it.
    sigpic

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    • #17
      cartman
      Member
      • Feb 2007
      • 467

      Originally posted by Prowler
      Why would that lease be unenforceable? That would be in direct violation of the lease. If the Tenant accepts the terms of the lease, then the Tenant must abide by the terms of the lease. If the Tenant does not want to agree to those specific terms, then the prospective Tenant will not get the lease, unless the Landlord modifies the lease and allows it.
      Its uneneforceable because they wouldn't have the right to check in your apt without 24hrs notice. even then they can't go snopping around. This is providing that your not being stupid, cleaning them in front of an open window in full view.
      Mayor Adrian M. Fenty (D) announced. The risk here is that an appeal could lead to an unfavorable Supreme Court ruling, and a legal principle that now applies only to the residents of the nation's capital would extend to the entire nation

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      • #18
        nicki
        Veteran Member
        • Mar 2008
        • 4208

        My daughter goes to UC Davis

        She lives off campus and there is a "no guns clause in her lease". She is planning on moving and another apt complex has the same thing.

        Neither are owned by the school, but both complexes have alot of students.

        It isn't a big issue to my daughter, but it is to me.

        All across the country everyone is watching for government bans on our rights, but we need to consider private ones also.

        The parking lot issue for employees significantly impairs ccw permits.

        Many people work in areas where there is employee parking and no parking on the public streets that is reasonably close by. I see this alot in Silicon valley.

        At this point it may be in our best interest to see how widespread the problem is, if it is a few isolated areas, it may be best to keep quite until we can grow stronger.

        I'm sorry to say that we have to be playing defense because it is a losing strategy.

        We need to get stronger so we can go on offense.

        Nicki

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        • #19
          Prowler
          Senior Member
          • Apr 2006
          • 2099

          It there is no clause in the lease, then she can. My point was to someone that said it was unenforceable. If you had a clause restricting them, and then you violated that clause, then your tenancy could be terminated. Simple as that.
          sigpic

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          • #20
            zcktomcat
            Member
            • Feb 2008
            • 215

            I've never had any problems keeping firearms in my apartment. If you are worried about shady apartment managers stealing them when you aren't around, just put a keyed door knob on the door to your bed room and keep the firearms hidden. Or just buy a gun cabinet to keep them in, that's what I do.
            "Going to war without France is like going deer hunting without your accordion."
            --Norman Schwarzkopf

            "Yesterday at the beginning of the ground war Iraq had the fourth largest army in the world. Today they have the second largest army in Iraq"
            -- Norman Schwazkopf

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            • #21
              battleship
              Veteran Member
              • Jan 2008
              • 4932

              Its not there buisness, dont even mention it to them. i would never even consider to ask the landlord about what is private to me.

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              • #22
                gosparx
                Senior Member
                • Mar 2007
                • 602

                Since there is nothing in the lease about it, then that's good enough for me an my son.

                Our next concern is that he has roommates. They are all good guys, but friends of friends etc... can be a problem, but that problem can be mitigated with having the weapons properly locked up and out of sight.

                As far as people not knowing or not telling people. It's the kind of thing that gets around pretty quick, not because people are running around screaming "so and so has a gun" but because you go shooting with people and introduce new people to the sport and the word spreads.

                For me personally, the knowledge that I had guns and shot increased the my circle of friends. At my last job I lost count of how many people came up to me saying that they heard I shot and if I could take them some time.

                My son moves into his place later this summer. He already has locking hard cases as well as nondescript soft cases; but between now and then one of our jobs will be looking for the right kind/size of gun safe for him.
                If you know how many guns you have... you don't have enough guns.

                People need to remember that the same guys who wrote the 1st Amendment, also wrote the 2nd Amendment... and for the same exact reasons.

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                • #23
                  FortCourageArmory
                  Senior Member
                  • Apr 2007
                  • 1001

                  gosparx,

                  It sounds like you have the situation well in hand.
                  sigpicNRA Life Member
                  Tim & the gang
                  Fort Courage Armory
                  1518-B Los Angeles Avenue
                  Simi Valley, CA 93065
                  (805) 526-6563
                  www.fortcouragearmory.com

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                  • #24
                    Rob P.
                    Senior Member
                    • Jul 2007
                    • 1223

                    Don't ask, don't tell.

                    Seriously, even if there's a clause in the lease, if you're discreet about it, usually there isn't a problem. And if you get caught, so what? Either move or move the firearms to a secure storage place.

                    Discretion also includes how you dress, talk, walk, etc. Rough and rowdy dudes who wear jackboots & camo and have butch haircuts tend to be viewed with more suspicion than ray bans and flip flops.

                    The word of the day is "chameleon." Be one and survive.

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                    • #25
                      1911_sfca
                      Senior Member
                      • Oct 2005
                      • 1371

                      Originally posted by gosparx
                      Since there is nothing in the lease about it, then that's good enough for me an my son.

                      Our next concern is that he has roommates. They are all good guys, but friends of friends etc... can be a problem, but that problem can be mitigated with having the weapons properly locked up and out of sight.

                      As far as people not knowing or not telling people. It's the kind of thing that gets around pretty quick, not because people are running around screaming "so and so has a gun" but because you go shooting with people and introduce new people to the sport and the word spreads.

                      For me personally, the knowledge that I had guns and shot increased the my circle of friends. At my last job I lost count of how many people came up to me saying that they heard I shot and if I could take them some time.

                      My son moves into his place later this summer. He already has locking hard cases as well as nondescript soft cases; but between now and then one of our jobs will be looking for the right kind/size of gun safe for him.
                      Consider purchasing a gun safe for your son, and helping him bolt it to the floor of his new closet.

                      Comment

                      • #26
                        DedEye
                        Calguns Addict
                        • Nov 2006
                        • 8655

                        I checked my lease thoroughly to make sure there was no mention of prohibiting guns here before signing it (there wasn't), so I avoided having to ask the landlord about it. Not having roommates alleviates the concern that a roommate and their friends causes, and a safe is just a good idea in general.
                        These posts are Fiction. They do not contain legal advice, which can only be given by a lawyer. Any resemblance to real persons are pure coincidence. These posts may pose an inhalation hazard, reading can be harmful or fatal. No statements made on this forum are meant to represent any corporate or business entity, others, or myself. Especially not myself.

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                        • #27
                          saki302
                          Calguns Addict
                          • Oct 2005
                          • 7183

                          Yep- don't ask, don't tell.
                          The trigger locks clause sounds like a good idea to CYA- it's unenforceable, but would shrug off a lawsuit (well the contract says guns must be secured!).

                          I wonder if an apt. owner can add a clause in the lease that anyone who comes to collect rent or on behalf of the owner to perform 'security services' can carry a concealed weapon?
                          All renters would have to sign, thus you have the permission of ALL tenants to carry

                          -Dave

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