UT knoxville

[pleg]

Hey guys I have been on this site for a while now and have not had anything I felt was worth saying, though I enjoy reading ya'lls post and find them highly informative. I was in Knoxville this weekend staying with my girlfriend at her apartment, the commons. At around two in the morning a group of guys, I'm suspecting they were drunk, started trying to kick in the door. They had the wrong apartment and were trying to find either one of the guy's girlfriend or a guy who had hooked up with her. The guys broke a window and all the while I am just armed with a pocket knife waiting for someone to climb through the window. Luckily they realized the cops were coming and didn't get in the apartment. The knoxville police were on the scene extremely fast and delt with the situation and made arrests. Sorry for the long story but I would imagine some of ya'll have daughters that go to UTK and might want to give them a heads up and talk to them about what to do in that situation.

[Guest tnvolfan]

How did the cops happen to arrive so quickly??

[Guest grimel]

Is the commons UT property?

[poak]

I'm guessing you're talking about Jefferson Commons?

It's not UT property.

When I was going there, the Knox police were never to far from Jefferson Commons (and several other of the larger student heavy complexes), especially on weekends.

[Guest Rem_700]

I would advise you and your girlfriend in geting yourselves a good personal defence gun and your handgun carry permit.

[pleg]

No I don't believe that the commons is UT property. As far as getting our carry permits being in college right now I don't really have the funds to get my permit even though I do plan on getting one eventually and I do have guns for personal defense just didn't have it with me since i was not at my own house. I have taken her shooting to get her accustomed to shooting, which she enjoys. I am pretty sure that the commons also does not allow guns though. The cop arrived at least within 2 minutes of the call and was two blocks away he said.

[Guest crotalus01]

If the apartment complex is not on school grounds they cannot legally deny anyone living there the right to keep a gun in their home for personal defense.

Take your girlfriend and get her a gun, and get her the range time so she is comfortable with it. A 12 gauge shotgun would be ideal for the situation you described.

Edited September 21, 2009 by crotalus01

[Oh Shoot]

If the apartment complex is not on school grounds they cannot legally deny anyone living there the right to keep a gun in their home for personal defense.

Assuming privately owned housing, if it's in the lease, then yes they can legally require it.

It's not a criminal offense, of course, but one can certainly be evicted for it.

Simple contract law...no different from "no pets" or "only one car per tenant", whatever.

- OS

[Guest crotalus01]

I stand corrected. There was a thread on here discussing a lease that had a no guns requirement some time ago, and I seem to recall there was some kind of loophole where you could avoid eviction (something about non-enforcement or some such).

I really dont care to look for it, although it might benefit the OP to try and find it if his GFs apartment has such a lease clause prohibiting gun ownership...

[poak]

Assuming privately owned housing, if it's in the lease, then yes they can legally require it.

It's not a criminal offense, of course, but one can certainly be evicted for it.

Simple contract law...no different from "no pets" or "only one car per tenant", whatever.

- OS

I lived in an apt like this several years ago.

I kept a 12ga 18" Rem870. I figured the only way they would know I had it is if it were to be used. I'd rather be alive, evicted, and looking for an apt than dead w/ an intact lease.

[JayC]

Assuming privately owned housing, if it's in the lease, then yes they can legally require it.

It's not a criminal offense, of course, but one can certainly be evicted for it.

Simple contract law...no different from "no pets" or "only one car per tenant", whatever.

- OS

I'm not sure case law would agree on that... I seem to recall TN case law prohibiting evicting based on owning a firearm for protection. Doesn't mean they won't evict you, just means you likely can sue them and win if they do. IANAL

[Oh Shoot]

I'm not sure case law would agree on that... I seem to recall TN case law prohibiting evicting based on owning a firearm for protection. Doesn't mean they won't evict you, just means you likely can sue them and win if they do. IANAL

Yeah, I've heard others state they've "heard" of a case like this; have yet to see one documented. On the other hand, the strength of a lawful contract is traditionally quite solid.

Of course, anything's possible through the various courts. The only thing that is certain is that the justice you receive will likely be proportional to the money you can spend. And of course, in a case like this, the actual damages you can prove are likely way under the cost of the "justice", unless your case is so compelling as to receive a big time punitive judgment.

But the Knox Country sheriff will not stay an order of eviction on "2nd Amendment" grounds, so you'll be handling any legal proceedings from different digs in the meanwhile.

- OS

[Oh Shoot]

I lived in an apt like this several years ago.

I kept a 12ga 18" Rem870. I figured the only way they would know I had it is if it were to be used. I'd rather be alive, evicted, and looking for an apt than dead w/ an intact lease.

I think that's the logical way to precede.

Also, even if there is a "no firearms" clause in the lease and you're found out, that doesn't necessarily mean they'll enforce it. Depends on how place is managed, who runs it, all kinds of stuff.

Though my apt. complex doesn't have the guns thing, they do have a number of other no-nos that I openly violate. One of those, "who you are" kind of things .. many rules are in place for liability purposes and many aren't enforced unless they want to get you in general.

And of course, this doesn't just apply to rental properties, but to many aspects of life.

- OS

Edited September 21, 2009 by OhShoot

[Guest crotalus01]

Though my apt. complex doesn't have the guns thing, they do have a number of other no-nos that I openly violate. One of those, "who you are" kind of things .. many rules are in place for liability purposes and many aren't enforced unless they want to get you in general.

I think the non-enforcement of some lease requirements was the loophole - I believe it was stated that they must universally enforce all lease clauses or none are enforcable for purposes of eviction. I could be wrong though, that thread was a while back...

[Oh Shoot]

Though my apt. complex doesn't have the guns thing, they do have a number of other no-nos that I openly violate. One of those, "who you are" kind of things .. many rules are in place for liability purposes and many aren't enforced unless they want to get you in general.

I think the non-enforcement of some lease requirements was the loophole - I believe it was stated that they must universally enforce all lease clauses or none are enforcable for purposes of eviction. I could be wrong though, that thread was a while back...

Non-payment of rent is a clause for eviction. Even repeated late payment in my complex.

I assure you that this one is enforced universally, whether any others are or not.

- OS

[chemprof]

And...in case you and your GF DO want to hit the range and practice, keep in mind that Coal Creek Armory has free time for ladies on Tuesdays, and you would go for half-price ($7.50). Note, I don't work there, just know they're great folks there!

[pleg]

I have two friends who shoot there and we were actually going to go shoot there when I was in town but couldn't because I recently had surgery on my shoulder. My buddy likes that place also.

[Guest SweetSue]

Rather be tried by 12, than carried by 6. Glad you weren't hurt! Let us know when you get your carry permit.