Apartments & Guns

[Guest robert83]

Is it illegal for a apartment complex to not allow you to keep a gun in your rented apartment.

My lease says no guns allowed. I really don't want to ask for details because I don't want them asking questions.

[Superman]

My guess would be it is legal for them to not allow firearms.

[TripleDigitRide]

Just like they can restrict you from having a pets, boats, etc. on the property, they can restrict firearms.

[bteague2]

There was a thread about a Homeowner's association in Nashville trying to do this, I'm pretty sure it was challenged and they lost. I wouldn't ask, and i'd keep my guns in the apartment.

[Punisher84]

I would like to think that they couldn't but legally I guess they could since you don't HAVE to rent there and if it's in your lease you're kinda stuck.

I don't know if you might have grounds to sue them later under Heller or something, but I guess if they want to restrict it they can.

[bteague2]

Just like they can restrict you from having a pets, boats, etc. on the property, they can restrict firearms.

Except pets and boats aren't mentioned in the Constitution... I would love to have my landlord tell me no guns allowed.

[TripleDigitRide]

Except pets and boats aren't mentioned in the Constitution... I would love to have my landlord tell me no guns allowed.

That seems to mean very little to so many.

[Guest bkelm18]

It's their property and you signed the lease. Don't really see anything illegal about it. Sucks but thats the way the world turns as they say.

[Guest Patty]

If you don't own it, you follow the rules of the owner. But you can also chose to move. Or you can chose to disobey the rules, and then you could lose your right to carry, if you already have that right now.

[Guest grimel]

It's their property and you signed the lease. Don't really see anything illegal about it. Sucks but thats the way the world turns as they say.

Actually, once you sign the lease it's "your" property. Just like most other things, unreasonable restrictions can be tossed. Heller (and the 9th's recent ruling) make this "no firearms" restriction more unreasonable.

[Guest bkelm18]

If its your property, then they can't evict you for any reason then, right?

[Punisher84]

If you don't own it, you follow the rules of the owner. But you can also chose to move. Or you can chose to disobey the rules, and then you could lose your right to carry, if you already have that right now.

He wouldn't lose his right to carry. They'd just evict him. Breaking the rules of a rental agreement isn't even criminal. It just means they can evict him if they choose.

[bubbadavis]

I think there is a big difference between a home owner's association trying to limit guns and a landlord.

The HOA is trying to impose restrictions on my property.

The landlord is restricting behavior on his property.

[Guest bkelm18]

He wouldn't lose his right to carry. They'd just evict him. Breaking the rules of a rental agreement isn't even criminal. It just means they can evict him if they choose.

+1 The only thing an eviction does for you is to make it harder to rent another apartment. It in no way effects your right to keep or bear arms.

[Punisher84]

I think there is a big difference between a home owner's association trying to limit guns and a landlord.

The HOA is trying to impose restrictions on my property.

The landlord is restricting behavior on his property.

Exactly. Like it or not, but it's "Don't like the policy? Don't work/live/eat here."

[Guest jspin]

I am the owner and manager of a 42 unit complex and as the owner i alow my tenants to have guns as long as the law allows them. I open carry at my complex frequently and am aware of a few of my tenants that do possess firearms, they arnt the ones im worried about!!!

[Guest bkelm18]

The manager here at my complex appears to be pretty firearm friendly. I often get ammo shipped here and they drop packages off at the office, she always rips off the blue "Ammunition" label so that nobody sees it and gets any bright ideas.

[poak]

I lived at an apartment that had a "no firearms" policy in Murfreesboro.

I kept a Remington 870 within arms reach of my bed every night.

The way I figured it, if any situation that would cause them to find out that I owned a firearm were to arise, chances are that being evicted would be on the bottom of my list of worries.

I'd prefer to be an evicted gun owner to being a dead man w/ an intact lease.

[Punisher84]

My apartments love me lol The security guys know where to come for back-up.

[Guest slothful1]

I think I'd respect that restriction just as faithfully as I did the one about not having anything with a heating element in my college dorms...

[K191145]

Restricting a Constitutional right? Could they also restrict Time or Newsweek magizine, the Bible? Restrict conservative talk radio programs from being aired etc?

I know many people don't see gun rights as the same as speech, religion, or privacy like we do but according to the Bill of Rights, it is illegal to restrict possession of firearms. If a tenant has the time or money it would be worth a law suit. Apartments are dwellings for people to live in, I just don't see how they can legally restrict a Constitutional right.

[Oh Shoot]

...I just don't see how they can legally restrict a Constitutional right.

Umm, you can't own a handgun in Chicago, period.

Put THAT in your 2nd Amendment pipe and smoke it.

- OS

[strickj]

Restricting a Constitutional right? Could they also restrict Time or Newsweek magizine, the Bible? Restrict conservative talk radio programs from being aired etc?

I know many people don't see gun rights as the same as speech, religion, or privacy like we do but according to the Bill of Rights, it is illegal to restrict possession of firearms. If a tenant has the time or money it would be worth a law suit. Apartments are dwellings for people to live in, I just don't see how they can legally restrict a Constitutional right.

It only applies to the Government. His apartment isn't owned by the Government.

There is no second,or any amendments being broken here.

If I rented a room at my house out,you think I'm going to let my rentee loudly chant religious sayings all night long while cleaning his weapons?

Put that in your first,second,and first(again) Amendment pipe

If you signed a contract saying no guns,then thats their right to do so,but on the other hand it is your place of residence.

The way I figured it, if any situation that would cause them to find out that I owned a firearm were to arise, chances are that being evicted would be on the bottom of my list of worries

Apartment managers/maintenance/pest control can enter your apartment for stuff.

Lets say a pipe busted,and was flooding the downstairs apartment,you think they're going to just knock?

But theres also another hand here (Ive got allot of hands on hand for hand things )! That doesn't give them a right to go through your things.

As long as its hidden out of view,I dont see this going anywhere. How would they know?

Edited April 21, 2009 by strickj

[Guest bkelm18]

Restricting a Constitutional right? Could they also restrict Time or Newsweek magizine, the Bible? Restrict conservative talk radio programs from being aired etc?

I know many people don't see gun rights as the same as speech, religion, or privacy like we do but according to the Bill of Rights, it is illegal to restrict possession of firearms. If a tenant has the time or money it would be worth a law suit. Apartments are dwellings for people to live in, I just don't see how they can legally restrict a Constitutional right.

It is not your property...... it is their property... you chose to sign the lease, they are allowing you to reside on their property. Therefor you must abide by any rules they have in place. Don't like it? Don't live there. Fairly simple.

[Guest Ctucciar]

The first apartment i lived in when i was 18 had this rule. it was a predominatly (around 98%) MTSU students so it was a little understandable.