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My Apt Complex says I can't have my gun in the apartment.


Guest WyattEarp

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Guest WyattEarp

Apparently one of my roommates has either seen my handgun and I didn't realize it or maybe my shirt was stretched around it when I stooped to pick something up one day and it got noticed or perhaps I left it laying in plain sight in my room and it was seen while I was in the bathroom and noticed by one of the roommates when they walked by, but I got a call from my Apt Complex Manager today, asking me to come by to discuss something, but he declined to say what over the phone.

We sat down and talked, and he said it was in my lease agreement that I couldn't have a firearm in the apartment or on the property. Nowhere on the property is it posted that you can't carry. I've looked everywhere and seen no signs. It is written in the lease agreement, I'm not arguing that point.

Obviously the lease is a contract, and considered a legally binding document to which I signed my name. I did notify him before I signed my lease back in March I was getting my permit and would be carrying, and he said it normally wasn't allowed, but since I had my permit and I was 31 years old that he'd allow it.

Now, he claims he has no recollection of ever saying that, and is rabidly denying it. I can't prove it, have no recording and nothing in writing to that effect, so it's my word against his, and there's no point in trying to push that issue since I have nothing in writing, as it won't hold any water anyhow. Had I known that he would go back on his word, I'd have respectfully declined to sign a lease agreement and would have moved elsewhere. And I will NOT be renewing my lease once it expires.

The APT Complex Mngr and the Apt Complex General Manager are willing to work with me in a sense, they've said they'd allow me to keep it in my car since I am a valid permit holder, but not in the apartment. Under normal circumstances, if I had a job and didn't have to go on to MTSU's campus for class, I wouldn't have an issue with that, but my situation is not a normal circumstance, as I'm a college student, and carrying on campus is a crime, and I have no desire to cross that bridge or take that chance. I'm not in a position to break my lease either and move elsewhere at this point in time, otherwise, I'd be packing my bags tonight and moving this weekend.

I have asked if they will allow me to break the weapon down, and put the cable lock through the magazine port and fed through to the top of the lower receiver and locked and stored in my safe which will also be locked, and then stored in my room which has a dead bolt on it, and leave the upper part (barrel) in my car. That way the weapon is inoperable and I believe it is now only a "component" of a handgun and not a functioning handgun. Apt Mngr said to come by and demonstrate what I'm talking about tomorrow after class, and they'll make a decision after I show them what I'm talking about. I am also going to stop by and ask MTSU Police about leaving only the upper part (barrel) in my car but with no ammunition, magazine or lower receiver, and the rest of it at home, to make sure that is acceptable and within accordance with the law so as not to get into any trouble in the event questions are asked.

I'm fine with this if they'll allow it, but I have a couple questions in regards to this situation/procedure.

1.) If I just have the barrel in my car, but no ammunition, magazine, and no lower receiver, would that still be considered possessing a firearm on School Property? Would I still get in trouble for that?

2.) Does the lease supercede the required TCA posting of No Firearms on the premises? Or do they legally have to post up a sign at the entrance to the apt complex, and/or one at the Office stating that "No Firearms are allowed on the property pursuant to TCA XX-XX-XX" for the prohibition of firearms in the lease agreement to be lawful and binding?

3.) If the lease does supercede a required TCA posting that no firearms are allowed on the property, then in the event I am attacked and shot, stabbed or assaulted with a weapon of other sorts or killed by an intruder, visitor or roommate while in my apartment or on their premises, can the Apartment Complex be held liable in civil court for injuries incurred as such or wrongful death since I was not allowed to carry and defend myself?

4.) If the lease DOES NOT supercede a required TCA posting that no firearms are allowed on the premises, do I have to notify them that since they don't have the required TCA posting up, I'm not legally obligated to follow their lease? Or do i just keep my mouth shut and not worry about it? And can they evict me if it's in the lease agreement, but they don't have the required TCA posting prohibiting the possession of firearms on the property?

5.) Given the above situation, are there any other options that I have so I can simultaneously stay within the law and the apartment complex's policy, yet still at least possess my handgun, even if I have to jump through a hoop or two of inconvenience to stay within the guidelines?

Now there is no record of this conversation between the Apt Complex Mngr and I. Nothing written, no signed acknowledgement, no written notice or warning, just a verbal conversation between me and the Apt Complex Manager, so of course if needs be, I can of course deny any conversation ever took place in regards to the handgun and he would be hard pressed to prove we had this conversation. But I'd rather it not get to that point.

Edited by WyattEarp
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Guest WyattEarp

I would break it in a heartbeat if I financially could afford to. This is beyond ridiculous. But it is what it is. Trying to make the best of what I have to work with to make sure the law doesn't get broken and the apt people stay happy, and at the same time keeping myself out of hot water.

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Guest bkelm18

1.) If I just have the barrel in my car, but no ammunition, magazine, and no lower receiver, would that still be considered possessing a firearm on School Property? Would I still get in trouble for that?

For possessing only a barrel? I doubt it.

2.) Does the lease supercede the required TCA posting of No Firearms on the premises? Or do they legally have to post up a sign at the entrance to the apt complex, and/or one at the Office stating that "No Firearms are allowed on the property pursuant to TCA XX-XX-XX" for the prohibition of firearms in the lease agreement to be lawful and binding?

The apartment property is private property. If the property owner doesn't want you to have firearms there, not much you can do about it. It was in the lease and you signed it. Even the TN Attorney General has released an opinion siding with the property owner.

3.) If the lease does supercede a required TCA posting that no firearms are allowed on the property, then in the event I am attacked and shot, stabbed or assaulted with a weapon of other sorts or killed by an intruder, visitor or roommate while in my apartment or on their premises, can the Apartment Complex be held liable in civil court for injuries incurred as such or wrongful death since I was not allowed to carry and defend myself?

No, don't be silly.

4.) If the lease DOES NOT supercede a required TCA posting that no firearms are allowed on the premises, do I have to notify them that since they don't have the required TCA posting up, I'm not legally obligated to follow their lease? Or do i just keep my mouth shut and not worry about it? And can they evict me if it's in the lease agreement, but they don't have the required TCA posting prohibiting the possession of firearms on the property?

You can try that, but again, PRIVATE property. There's also a clause in the lease saying they can evict you for any reason (it's in most leases). You can choose to follow the lease, or not. Don't be upset if they evict you.

5.) Given the above situation, are there any other options that I have so I can simultaneously stay within the law and the apartment complex's policy, yet still at least possess my handgun, even if I have to jump through a hoop or two of inconvenience to stay within the guidelines?

Probably not. Their property, their rules. Again, the TN AG says that apartment complex owners can ban weapons.

Now there is no record of this conversation between the Apt Complex Mngr and I. Nothing written, no signed acknowledgement, no written notice or warning, just a verbal conversation between me and the Apt Complex Manager, so of course if needs be, I can of course deny any conversation ever took place in regards to the handgun and he would be hard pressed to prove we had this conversation. But I'd rather it not get to that point.

Something you really need to understand, you do not own your apartment. You are leasing it. It belongs to someone else. It is their property and they can make the rules. It was in the lease and you signed it. You've really got no footing.

And yes, I know AG Opinions carry no legal weight, but it's probably not a bad idea to give them credence considering he's the top law enforcement official in the state.

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Probably should not have signed the lease. Pretty sure it was written by a lawyer with some knowledge of the law and I bet it supercedes state law. I know I signed an agreement at work that supersedes state law. Might not get arrested, but would get fired. I think this is the same situation. You would not be found in violation of a law in a criminal sense, but would be evicted without notice and required to pay whatever the contract stated for "breaking your lease." You might also seek out some non pansy roomates. Good luck!

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Guest archerdr1

wow, this is a case of if it is not written down, it didn't happen. Hind sight is 20/20, but... shoulda had him sign the lease saying "This doesn't apply... also, did you not know that your roommates were antis?

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Yep, glad I'm a homeowner. Breaking down the gun into smaller pieces seems overkill, but if it's the only way to allow you to keep the gun in the apartment then so be it. Keeping the barrel in the car won't be any problem( i doubt the campus police would say anything against it as it would be a non-functioning partial firearm at that point).

Definately find new fire-arm friendly roomates and a new fire-arm friendly place to live as soon as possible for when your lease is up.

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You're kinda of stuck with your apt, but I certainly would not go asking the campus police if you will get in trouble for having a barrel in your vehicle. This will be drawing attention to yourself that is not needed in your situation. A barrel is not a gun by law; otherwise, it would have a serial number the same as the frame. Just put it in your glove box or something and never say a word about it.

IANAL but my opinion is to just keep quiet about it all and let it slide on by. Find new roommates as soon as possible and a new apt when the chance arises.

Like I was telling someone the other day, when you awaken the dragon, it's best to keep quiet and let him go back to sleep, then you can just pass him by.

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When I moved I specifically looked for mention of firearms in my lease. Then only thing it said was that I could not "discharge" firearms on the property. This is why it's a good idea to actually READ a contract before signing it.

It sounds like you are SOL unfortunately.

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If it where me in this situation I would sell your firearm. It would be far cheaper than breaking a lease or moving out. Once your lease is out and can move then get another gun for CCW.

He waited for this gun from CZ for like 5 years. And besides, no apartment is worth being completely unarmed.

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Maybe tell them you sold it or shipped it home. Then put it in your safe and keep quiet about gun and safe.they have no right to content of the safe. Not sure if firearms are allowed but possibly a safety deposit box is an option.

I'd gladly store it for you in my safe but I'm not close and you don't know me from Adam.

Edited by hornett22
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I would absolutely find someplace to store it besides my car in the interim. "You can't store it in your apartment, but you can store it in your car" sounds like an invitation to have your car broken into within about a week as soon as some apartment manager with a big mouth goes talking about the guy with the gun.

This whole thing, as described is asinine on multiple levels. It sounds like perhaps your weapon storage and securement routine could use some work, but you need to ditch those roommates and that complex in short order. Seriously. Nothing good happens from here as long as you're there. Get out of there.

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Guest WyattEarp
If I just have the barrel in my car, but no ammunition, magazine, and no lower receiver, would that still be considered possessing a firearm on School Property? Would I still get in trouble for that?

For possessing only a barrel? I doubt it.

Sounds like a solution, but I'll check with MTSU PD to be 100% sure and not assume anything beforehand.

2.) Does the lease supercede the required TCA posting of No Firearms on the premises? Or do they legally have to post up a sign at the entrance to the apt complex, and/or one at the Office stating that "No Firearms are allowed on the property pursuant to TCA XX-XX-XX" for the prohibition of firearms in the lease agreement to be lawful and binding?

The apartment property is private property. If the property owner doesn't want you to have firearms there, not much you can do about it. It was in the lease and you signed it. Even the TN Attorney General has released an opinion siding with the property owner.

got it.

3.) If the lease does supercede a required TCA posting that no firearms are allowed on the property, then in the event I am attacked and shot, stabbed or assaulted with a weapon of other sorts or killed by an intruder, visitor or roommate while in my apartment or on their premises, can the Apartment Complex be held liable in civil court for injuries incurred as such or wrongful death since I was not allowed to carry and defend myself?

No, don't be silly.

I only ask this because I thought I recalled reading somewhere on this forum, that if you go into a business that is posted "No Firearms allowed" persuant to TCA regulations, and you're not carrying, and you get shot or killed by a criminal while in that business, then the owner of the the business can be legally held liable? Would this not apply in this situation?

4.) If the lease DOES NOT supercede a required TCA posting that no firearms are allowed on the premises, do I have to notify them that since they don't have the required TCA posting up, I'm not legally obligated to follow their lease? Or do i just keep my mouth shut and not worry about it? And can they evict me if it's in the lease agreement, but they don't have the required TCA posting prohibiting the possession of firearms on the property?

You can try that, but again, PRIVATE property. There's also a clause in the lease saying they can evict you for any reason (it's in most leases). You can choose to follow the lease, or not. Don't be upset if they evict you.

I'm only asking because I don't know, and trying to find out.

5.) Given the above situation, are there any other options that I have so I can simultaneously stay within the law and the apartment complex's policy, yet still at least possess my handgun, even if I have to jump through a hoop or two of inconvenience to stay within the guidelines?

Probably not. Their property, their rules. Again, the TN AG says that apartment complex owners can ban weapons.

fair enough. never hurts to ask.

Something you really need to understand, you do not own your apartment. You are leasing it. It belongs to someone else. It is their property and they can make the rules. It was in the lease and you signed it. You've really got no footing.

And yes, I know AG Opinions carry no legal weight, but it's probably not a bad idea to give them credence considering he's the top law enforcement official in the state.

I understand I don't own the apartment, not saying I do either. Just clarifying so I can figure out the best course of action. Thank you for your replies.

I believe evicted would get you out of breaking the lease financially. I could be wrong.

Do you have a relative or friend who could store it for you?

Well if you get evicted you're responsible for rent until they find someone to replace you with, or you find someone willing to assume the remainder of the lease, plus a $225 termination of lease fee, + any legal costs (for eviction). I don't have any relatives, but a few friends might. Something to check into.

Yep, glad I'm a homeowner. Breaking down the gun into smaller pieces seems overkill, but if it's the only way to allow you to keep the gun in the apartment then so be it. Keeping the barrel in the car won't be any problem( i doubt the campus police would say anything against it as it would be a non-functioning partial firearm at that point).

Definately find new fire-arm friendly roomates and a new fire-arm friendly place to live as soon as possible for when your lease is up.

If overkill is what it takes to keep the law happy and the apt complex happy, so be it. It's only temporary and not the end of the world, lease expires August 6th or if I can find a person willing to take over my lease and sign the remainder of the contract.

wow, this is a case of if it is not written down, it didn't happen. Hind sight is 20/20, but... shoulda had him sign the lease saying "This doesn't apply... also, did you not know that your roommates were antis?

agreed. I shouldn't have taken it for granted and should have gotten it in writing. If breaking down the weapon is agreeable, I will be getting that in writing so it doesn't come back to bite me in the ass.

No, and it's not that they're anti-gun, one is just being childish right now over the fact that I got onto him the other day about not doing his share of the cleaning and leaving food out on the counter and attracting ants and other bugs. The bathroom hasn't been cleaned in 4 weeks and it's been his turn, I asked him to do and he threw a fit about it. So now's he's wanting to go tit for tat on stupid stuff. Mostly I just ignore them and do my own thing and study or watch football.

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Guest WyattEarp
You're kinda of stuck with your apt, but I certainly would not go asking the campus police if you will get in trouble for having a barrel in your vehicle. This will be drawing attention to yourself that is not needed in your situation. A barrel is not a gun by law; otherwise, it would have a serial number the same as the frame. Just put it in your glove box or something and never say a word about it.

IANAL but my opinion is to just keep quiet about it all and let it slide on by. Find new roommates as soon as possible and a new apt when the chance arises.

Like I was telling someone the other day, when you awaken the dragon, it's best to keep quiet and let him go back to sleep, then you can just pass him by.

I most certainly will NOT chance it by just putting the barrel by itself in the glovebox and not saying a word. That's probably some of the worst advice I've ever heard on this forum.

If these roommates are willing to knark on me for this, imagine what he's waiting to do if I were to keep it in my car? That's just trouble waiting to happen.

There is nothing illegal about having a permit or a gun, and it's more wise to go ask a question you don't know the answer to, and erase doubt, than to just "assume" and not say a word and then end up getting arrested because you didn't go ask.. sorry, but no thanks.

If they say no, then I won't be doing that. They can stop me and search all they want, they won't find anything.

If it is allowed, I'll be sure to get a badge #, name and speak to a supervisor (and record the conversation) to C.M.A!

I would absolutely find someplace to store it besides my car in the interim. "You can't store it in your apartment, but you can store it in your car" sounds like an invitation to have your car broken into within about a week as soon as some apartment manager with a big mouth goes talking about the guy with the gun.

This whole thing, as described is asinine on multiple levels. It sounds like perhaps your weapon storage and securement routine could use some work, but you need to ditch those roommates and that complex in short order. Seriously. Nothing good happens from here as long as you're there. Get out of there.

agreed. January is the earliest I can get out.

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Guest OMGeosh

I'm a new member, new Tennessean (transplant from Texas), and not a lawyer. BUT, I am a landlord, and in Texas at least there are certain laws about homestead that supersede contract. For instance, just because I own the property doesn't mean I can just walk into the property willy-nilly -- I have to have a legal reason to enter the premises, notify the resident, et cetera. If I were to try and write up a lease that allowed me such privileges outside of the law, a Texas judge would throw them out and I would more than likely get in trouble.

The reason why I bring this up, is because I'm personally wondering if parts of the castle doctrine and/or state law could apply here. You have a very interesting situation for a case study if nothing else. Personally, I would just hide the gun well and tell the complex that you got rid of it. In the meantime, I would seek out "softer" solutions -- talk to your roommate and try to resolve things outside of the complex/law/etc. Otherwise, get a new roommate and/or move out.

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You would be surprised how many apartments have "no firearms" clauses in their contracts. I have just always ignored them and conducted my business as usual. But I've never had a roommate that would rat me out either. So before you cash in your chips and move, make sure you find a place without that clause, or a reliable roommate.

Personally, I would just tell them the gun is now being stored in a secure place. I wouldn't tell them any more than that. The secure place would be on my belt!! Never take it off unless your sleeping. When at school I'd leave it in the car, which is legal, in a secured lockbox.

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Apparently one of my roommates has either seen my handgun and I didn't realize it or maybe my shirt was stretched around it when I stooped to pick something up one day and it got noticed or perhaps I left it laying in plain sight in my room and it was seen while I was in the bathroom and noticed by one of the roommates when they walked by, but I got a call from my Apt Complex Manager today, asking me to come by to discuss something, but he declined to say what over the phone.

We sat down and talked, and he said it was in my lease agreement that I couldn't have a firearm in the apartment or on the property. Nowhere on the property is it posted that you can't carry. I've looked everywhere and seen no signs. It is written in the lease agreement, I'm not arguing that point.

Obviously the lease is a contract, and considered a legally binding document to which I signed my name. I did notify him before I signed my lease back in March I was getting my permit and would be carrying, and he said it normally wasn't allowed, but since I had my permit and I was 31 years old that he'd allow it.

Now, he claims he has no recollection of ever saying that, and is rabidly denying it. I can't prove it, have no recording and nothing in writing to that effect, so it's my word against his, and there's no point in trying to push that issue since I have nothing in writing, as it won't hold any water anyhow. Had I known that he would go back on his word, I'd have respectfully declined to sign a lease agreement and would have moved elsewhere. And I will NOT be renewing my lease once it expires.

The APT Complex Mngr and the Apt Complex General Manager are willing to work with me in a sense, they've said they'd allow me to keep it in my car since I am a valid permit holder, but not in the apartment. Under normal circumstances, if I had a job and didn't have to go on to MTSU's campus for class, I wouldn't have an issue with that, but my situation is not a normal circumstance, as I'm a college student, and carrying on campus is a crime, and I have no desire to cross that bridge or take that chance. I'm not in a position to break my lease either and move elsewhere at this point in time, otherwise, I'd be packing my bags tonight and moving this weekend.

I have asked if they will allow me to break the weapon down, and put the cable lock through the magazine port and fed through to the top of the lower receiver and locked and stored in my safe which will also be locked, and then stored in my room which has a dead bolt on it, and leave the upper part (barrel) in my car. That way the weapon is inoperable and I believe it is now only a "component" of a handgun and not a functioning handgun. Apt Mngr said to come by and demonstrate what I'm talking about tomorrow after class, and they'll make a decision after I show them what I'm talking about. I am also going to stop by and ask MTSU Police about leaving only the upper part (barrel) in my car but with no ammunition, magazine or lower receiver, and the rest of it at home, to make sure that is acceptable and within accordance with the law so as not to get into any trouble in the event questions are asked.

I'm fine with this if they'll allow it, but I have a couple questions in regards to this situation/procedure.

1.) If I just have the barrel in my car, but no ammunition, magazine, and no lower receiver, would that still be considered possessing a firearm on School Property? Would I still get in trouble for that?

2.) Does the lease supercede the required TCA posting of No Firearms on the premises? Or do they legally have to post up a sign at the entrance to the apt complex, and/or one at the Office stating that "No Firearms are allowed on the property pursuant to TCA XX-XX-XX" for the prohibition of firearms in the lease agreement to be lawful and binding?

3.) If the lease does supercede a required TCA posting that no firearms are allowed on the property, then in the event I am attacked and shot, stabbed or assaulted with a weapon of other sorts or killed by an intruder, visitor or roommate while in my apartment or on their premises, can the Apartment Complex be held liable in civil court for injuries incurred as such or wrongful death since I was not allowed to carry and defend myself?

4.) If the lease DOES NOT supercede a required TCA posting that no firearms are allowed on the premises, do I have to notify them that since they don't have the required TCA posting up, I'm not legally obligated to follow their lease? Or do i just keep my mouth shut and not worry about it? And can they evict me if it's in the lease agreement, but they don't have the required TCA posting prohibiting the possession of firearms on the property?

5.) Given the above situation, are there any other options that I have so I can simultaneously stay within the law and the apartment complex's policy, yet still at least possess my handgun, even if I have to jump through a hoop or two of inconvenience to stay within the guidelines?

Now there is no record of this conversation between the Apt Complex Mngr and I. Nothing written, no signed acknowledgement, no written notice or warning, just a verbal conversation between me and the Apt Complex Manager, so of course if needs be, I can of course deny any conversation ever took place in regards to the handgun and he would be hard pressed to prove we had this conversation. But I'd rather it not get to that point.

+1 for it being time to move. This is the first time I've ever heard of a lease where it states what you can and can't own in the place you're paying to live in but whatever.

1. Yes. Frankly speaking, a barrel is just a pipe with twists milled into it.

2. The lease is a contract that you have to abide by until it ends. Unfortunately, it does supercede the law because (this is the part I don't like) it doesn't pertain to others. It pertains to you, the person who signed the lease and not the general public.

3. No. It's just considered a tragic chain of events. Now, if you were killed, your family could try and pursue a law suit against them for not allowing you to carry but it would literally just be a jury sympathy contest to win it.

Honestly, I just wish you would have gotten him to amend the lease when he said that to you in the first place but that's all hindsight now. About the only thing you can do is stay until your lease is up and then move to another place that doesn't have things like that in their lease agreements.

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Guest WyattEarp
I would absolutely find someplace to store it besides my car in the interim. "You can't store it in your apartment, but you can store it in your car" sounds like an invitation to have your car broken into within about a week as soon as some apartment manager with a big mouth goes talking about the guy with the gun. This whole thing, as described is asinine on multiple levels. It sounds like perhaps your weapon storage and securement routine could use some work, but you need to ditch those roommates and that complex in short order. Seriously. Nothing good happens from here as long as you're there. Get out of there.

yep, agreed. I'm looking for someone to take over the lease. I can see this continuing to escalate until something happens that either ends someone up in jail, in the hospital or getting evicted. I want no part of any of the 3 above. I've had enough brushes with the law, and I'd like to avoid anymore unpleasant encounters by all means.

I've worked too hard to get to where I am to have it all go down the drain at the hands of three younger people who only care about themselves.

In the mean time, I'll try to be vigilant in keeping the peace, and avoiding confrontation till I can get the hell out of Dodge.

Ask all you want but a barrel is not a firearm. Keeping a barrel in your car is no different than keeping a softball bat, tire iron, or hammer.

I'm sure it is ok, I just want to check and verify before I assume anything. Some of the luck I've had in the past dictates I check into it first....lol. I'm not leaving ANYTHING to chance. better safe than sorry.

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Guest WyattEarp
You would be surprised how many apartments have "no firearms" clauses in their contracts. I have just always ignored them and conducted my business as usual. But I've never had a roommate that would rat me out either. So before you cash in your chips and move, make sure you find a place without that clause, or a reliable roommate.

Personally, I would just tell them the gun is now being stored in a secure place. I wouldn't tell them any more than that. The secure place would be on my belt!! Never take it off unless your sleeping. When at school I'd leave it in the car, which is legal, in a secured lockbox.

There won't be another apartment. I'll just rent a room at a house and keep the gun thing to myself.

I'm pretty sure it's not legal to leave it in your car in a lockbox on campus. I can find nothing to that effect. Everything I've read says weapons of any kind are prohibited "ON CAMPUS", to include the parking lot. I see nowhere where it says anything about leaving it in a lockbox in your car.

http://www.mtsu.edu/policies/pdfs/Weapons_policy.pdf

http://police.mtsu.edu/policies/cleryactpolicies.pdf

Edited by WyattEarp
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