My Home is A Gun Free Zone...Kind of

T

TTTTglock

New member
A couple of weeks ago some people broke into an apartment in the building next to mine, held an infant at gun point, and proceeded to rob money and drugs. I know that the crime was directly related to the victims, but I'm just outlining where I live :). Anyhow, part of my lease is that there are to be no firearms in my home or on the land owned by the leaseholders.

If I were to use a weapon in self defense, would there be additional legal troubles stemming from that lease agreement?
 
You would be in violation of the lease for sure, but unless there was some other specific penalty specified in the lease (or in some state/local ordinance) all they could do is evict you.
 
And ianal, but if you live in the jurisdiction of the district court that has declared the 2nd amendment an individual right (is it the 5th? I mean besides DC) then you do have at least a watered down right to own a gun as fromwhat I know you can't sign away your civil rights. So that part of the lease should not be enforceable.

But again, I am not a lawyer.
 
IMHO, I would live in no such place. There is no way an owner of a building that I live in, will take away my right to bear arms to protect my family and I.
 
And ianal, but if you live in the jurisdiction of the district court that has declared the 2nd amendment an individual right (is it the 5th? I mean besides DC) then you do have at least a watered down right to own a gun as fromwhat I know you can't sign away your civil rights. So that part of the lease should not be enforceable.
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It's not really a 2nd Amendment issue, the landlord is not the government, and he has a right to have a say in what activity will take place on his property. The OP is not signing away any civil rights.

It's been said many times, renting is horrible idea for most people, especially gun owners.
 
It's not really a 2nd Amendment issue, the landlord is not the government, and he has a right to have a say in what activity will take place on his property. The OP is not signing away any civil rights.

It's been said many times, renting is horrible idea for most people, especially gun owners.
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This is absolutely right. I make sure that when the landlord is coming over (thank goodness for 24 hour notification by law) that there is no evidence outside of my cabinet, which is fairly inconspicuous.

Although there is no specific language in the lease saying that we can't have firearms, I live in a very anti gun area, so it is best to be sure.

Oh, and BWO, congrats on the victory.
 
It's not really a 2nd Amendment issue, the landlord is not the government, and he has a right to have a say in what activity will take place on his property. The OP is not signing away any civil rights.
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I'm not so sure. Even private property owners have limits.

i.e. -- the court has said that no Home Owner's association can ban a home owner from putting up a satellite dish, even if they signed an agreement to say they wouldn't. Such agreements are null. The only thing they can restrict, as much as practically possible, is the placement of that dish. Because American's have a legal right to receive those frequencies.

There are currently cases pending as to whether or not people who have signed HOA's about signage can put up politically based signs, such as for/against candidates. I don't think that one's been decided yet.

Any agreement you sign with an HOA to only sell your house to people of certain ethnic origins are illegal.

An apartment cannot choose any criteria they want on whom they lease to. They can't exclude people based on skin color, for instance.

As to whether or not a 2nd amendment right, in the one jurisdiction where it's considered an individual right, would meet this criteria ... I don't know.
 
Neighbors problems

Just one thing to consider (I am in no way advocating giving up personal rights!); the majority of neighbors will accede to the restriction, and so,
even with your own weapon, you are surrounded by a gun-free crime magnet.

When I was renting, I honestly don't know if I was under that restriction. I
do know I didn't care, to the point I never thought to look. I did NOT do without. Consider moving if possible (I know it often isn't).
 
Garand Illusion:

I think there is a big difference between HOAs and landlords infringing on your rights. The HOA does not in any way own your land, they are merely a governing body. A landlord OWNS that land, he can do what he wants with it. Hence he doesn't have to let you put up a satellite dish (thus infringing on the 1st Am).
 
I don't think that is legal, to tell you that you cannot have a lawfully owned/used firearm on premises you rent, but I am speaking from AZ experiance, where law says pretty specifically that you may CCW on any property you own or rent, without a CCW permit. Good luck to you, and get a real legal opinion, not an Internet opinion, before you act.
 
TTTTGlock,

I don't believe this is something they can legally bar you from doing. The clause they have put into your lease is illegal I am pretty sure. As long as you can legally purchase and own a firearm, you can have it in your place of residence. Remember that complete sense security in your home is afforded to you by the constitution.

Property owners can add a clause into their lease regarding animate objects, such as pets (birds, dogs, cats, etc..), but they can not legally put any action against inanimate objects.

It is not like having a mobile home in a coveted neighborhood where neighbors can freely see them and be effected by them. Your firearms locked and secured in your place of residence is completely your deal, is constitutionally provided to you, and they have no business about anything you legally own and keep in your home.

If I were you, I wouldn't even worry about it, if they ever try to do anything against you because of it, get a lawyer & sue em. You will win.
 
I think there is a big difference between HOAs and landlords infringing on your rights. The HOA does not in any way own your land, they are merely a governing body. A landlord OWNS that land, he can do what he wants with it. Hence he doesn't have to let you put up a satellite dish (thus infringing on the 1st Am).
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The first part is true ... but if IIRC correctly even a landlord can't stop you from putting up a satellite dish, as long as you do so within reasonable limits (i.e. not put a huge hole in his wall).

I don't know that a landlord can stop you from putting up political signage, either. I know the last apartment I lived in had strict rules on signs, but a lot of people put up political signs.

I'm definitely not a lawyer, though!
 
Free Legal Advice. Leases are creatures of contract. And as such, a contract can set forth terms allowing or prohibiting almost anything, except clauses pertaining to the various types of discrimination, and be held enforceable if the parties sign the document. In this case, the Landlord can enforce its ban on gun possession on the premises if the tenant agreed to it by signing the lease. Basic rule: if there is something in a contract that you do not agree with, don't sign it! Even if a person does not read the contract, most states have a legal presumption/ fiction that says "signing it means you read it." There are a few exceptions to that general rule.
 
Eviction is all! Every state I have lived in states the property is under your and only your control if the rent is paid. The land lord can't even come in the property without your permission. I would still move!:mad:
 
Yuck, HOA's. Hate them. You can certainly buck their laws, but they make life miserable for you in the process.

The last HOA prez distributed flyers to *all* the townhouses pointing out my boat in my driveway was out of regs and needed to be moved or they would start legal proceedings.

I'm not saying disarm yourself, just be very careful.:o
 
Let me say this about that...... I've been in the multi family property management arena for 26 friggen years (and that's a loooong time)

As a landlord: I can put anything in the lease that I so desire. I can file eviction for any reason that I decide I want to and I can show the judge where you signed it. BUT, unless there has been a material breech of contract (unpaid rent) I'm standing there with egg dripping off my face, and you still live in the apartment.

As a resident: Does anyone recall what happened when the landlords of HUD subsidized housing tried the same thing by inserting into the lease that it was against "the rules" for a resident to have a firearm in their unit???? The NRA was on that like stink on you know what. It never even went to court, the rule was resended and HUD residents were allowed to protect themselves again.

A landlord cannot LEGALLY deny you a right granted to you by the constitution. He, or she may try to bluff you in the belief that they can, and if you go for it then you've lost. What makes it different from the malls is that the apartment is your RESIDENCE, the mall is not........

Your choices: Contest the clause by letting him find out that you have a firearm and let him take it to court and lose, OR..... find another place to live and concede to him that he can restrict constitutional rights of residents.... The choice is yours to make and live with...... Seek an attorneys counsel prior to making your decision........
 
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