Anti-gun apartment leases.

RHarris

New member
I was just wondering if anyone had come across a problem I once did.

At one time I moved into a new apartment in a decent part of town. The rent wasn't the cheapest, but the price of living in the bad part of town would have easily made up for any money saved in rent. Like most rental property, a lease, credit check, and a variety of other documents were required.

Among the papers to be signed was a list of "house rules". There were many items listed and each had to be initialed. Many of the rules were simple things like not playing loud music and not taking glass containers to the swimming pool. One item though, was particularily disturbing. It read something like "this property is a weapons free zone, the tenant agrees to not use, own, possess, etc. any firearms or weapons, etc." I immediately asked the manager about this policy. She told me a lot of people asked her about that and that there were some police officers residing in the complex who also asked about it. I politely told her how I felt about it and that it such a rule would violate the U.S. and State constitutions. I refused to sign that part and informed her I would be crossing that section out. I told her the only thing I would agree to is obeying the current state laws. She didn't argue about it at all. She was just the manager. The complex was owned by some company based in another state. I wonder how many people living there skimmed through the documents and just pencil whipped everything not knowing what they were agreeing too.

Many will say to just sign it and don't tell anyone you really have firearms. I saw a serious problem. What about when the bug sprayer or maintenance guy comes around? Or when some nutty neighbor who happens to know about the rules (and likes them) sees a rifle case moved from the car to an apartment? Or what if there is a necessity to use firearms in a defensive situation there?

There was a message posted by someone else about problems with rules in homeowners' associations. Could the same thing happen with those agreements?

I figured such rules in a lease agreement were not lawful or constitutional, but then again, neither are some of the laws (this is why the NRA's idea of "enforcing the laws on the books" is nothing but a bunch of chicken excrement).

Has anyone else seen these kinds of things in lease agreements or home owners agreements? Any ideas?
 
In 1965 there was a Act passes by congress, Outlawing home based discrimination based on Race, Sex, Religion, Family or Marital status. You cannot for instance refuse to rent to a Family with 3 kids due to the children, but you can if they have a cat, or smoke.

On this note, You could not refuse to rent to a Catholic based on thier religion. And you could not refuse to rent to a person who writes Pro-life editorials. I would then argue that since you could not refuse to a person for exercising thier 1st amendment rights. The 2nd should also hold true. I would LOVE to see the NRA or GOA get on the ball and start sending money for lawyers on stuff like this. The new laws are being made in the tort courts and we need to be fighting there too. 1 good apartment settlement, one good workplace settlement and defacto laws will start changing.
 
Why would you want to give your money to such creeps?

Maybe you want to make their lives miserable? If so, more power to you! If you have a good reason, by your values not mine, then I think you did it right.

Bentley

Every normal man must be tempted at times to spit upon his hands, hoist the black flag and begin slitting throats.
- Henry Louis Mencken
 
I have two different friends that came across this crap. They both told the manager what they thought of it, and walked out.

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NRA/GOA/SAF/USMC

Oregon residents please support the Oregon Firearms Federation, our only "No compromise" gun lobby. http://www.oregonfirearms.org
 
San Antonio has outlawed firearms in their public housing (whatever it's called). I also believe they've conducted a couple "sweeps" searching for firearms (but I'm not sure).

Perhaps some San Antonian can shed some light on this. (?)

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Either you believe in the Second Amendment or you don't.
Stick it to 'em! RKBA!
 
That portion was struck down a couple of years ago, Dennis. Violation of the Constitution and sweeps are not allowed for lack of probable cause. Police Chief Al Phillipus agrees with us and it was not enforceable and constitionally prohibited. This was as of a couple of years ago.
 
Reloader,
Thank you. I'd heard about the law and crispy-crittered the ceiling with my curses. ;)

Glad to hear wiser heads prevailed. :)

Thanks again.


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Either you believe in the Second Amendment or you don't.
Stick it to 'em! RKBA!
 
hehehehehe! never had probs with my guns in apartments. DID get tossed out for having PETS in a no pet apartment...had a cat, two doves a tortoise and an aqaurium....The manager did an 'inspection' when I was away. [[Note:She was SUPPOSED to inform me of it BEFORE hand.]] Unfortunatly for her...she was on her hands and knees looking under my bed when my pet alligator charged her from beneath it. [[Oh, did I forget to mention HIM?!?!?! ;) ]] Anyway...was too broke to stay there anyway...I DID manage to leave about 20lbs of frozen fish in the vent over the stove. :lol:
 
I'm guilty of the pencil wipping part, but mine was about(sorry about getting off subject) my dog, she is about 80 pounds, and I just checked all the little boxes, then later the manager told me I had 7 days to get rid of the dog or I would be evicted.

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"Arms discourage and keep the invader and plunderer in awe, and preserve order in the world as well as property...Horrid mischief would ensue were the law abiding deprived the use of them" --Thomas Paine, 1775

www.2ndamdlvr.homestead.com/home.html
 
These laws outlawing discrimination on private property are themselves unconstitutional, as would be any law protecting gun owners on private property.

If you don't agree with the policies of a private property owner (in this case the rental agreement) then don't go onto the private property, or negotiate different terms with the owner of the property.)

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"Anyone feel like saluting the flag which the strutting ATF and FBI gleefully raised over the smoldering crematorium of Waco, back in April of ‘93?" -Vin Suprynowicz
 
I remember my first two years in college being pissed that guns were off-limits to keep in the student dorms. Never experienced this with a private apartment complex though (I live in the South).
 
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