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

[TMF]

If you need to offload some firearms I know a whole website full of folks who will buy 'em.

[Guest WyattEarp]

Im not selling it. That's out of the question. I'll take it to my mom and dad's in spring hill before I do that and just have dad lock it up in his safe until i can get moved. but taking it to mom and dad's (35 miles away) is a last resort. I didn't get a permit and the gun to have it sit in a safe all the time, and I didn't get a permit to "NOT" carry.

we'll see what MTSU PD says tomorrow and what the office complex manager says about my proposal and then I'll go from there. In the meantime, I'll be looking for someone to take over the lease, to where I can get out of here with minimal costs incurred in a timely fashion with zero trouble.

I can say this was a mistake and a dumb idea. I was pretty naive to think living in a 4 bedroom apt with 3 other people (especially college students) would be "peachy". I can thoroughly think some things through down to the finest detail, and other things I just completely overlook the obvious. I was too busy thinking, cheap rent, no utilities, free cable, free internet, pool, hot tub and 3 minutes to campus. Cheaper is not always better. You get what you pay for sometimes. If it was possible, I could just about ninja kick myself in the face right now.

[zapfbroad]

This situation sucks all around. It sounds like u have just one or two guns. Rather than disassembling you might consider a safe deposit box or small storage unit. Definitely move. Avoid evictions..that stays on ur credit for 7yrs and screws up plenty of things. Its kinda like employers rights to dictate terms unfortunately. Most leasing companies have some asinine policies. I've always wondered what I would do if I was in that situation. It's like suddenly moving to NYC

sent via EPIC4G SyndicateRomFrozen 1.2

[Guest 270win]

I wouldn't share my gun habits with with apartment people. No way would I let apartment people keep me from my handgun in my nightstand. It is no different than a hotel room or my house. Lay low and keep your gun concealed when out of your apartment. You are not breaking the law.

[wcsc12]

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

If your campus is like UT's Campus here in Knoxville, you can't even have a weapon locked in your car or at least that's what I was told.

I wouldn't share my gun habits with with apartment people. No way would I let apartment people keep me from my handgun in my nightstand. It is no different than a hotel room or my house. Lay low and keep your gun concealed when out of your apartment. You are not breaking the law.

Yes and no. He's not breaking any criminal law (technically, one could argue that since they've already told them not to do it that it would constitute the same as being told by a business owner not to carry in their shop when they aren't posted) but civil law is a different story. Since he signed the agreement, he could still be held liable for whatever damages they have enacted in their agreement and if he refuses, he could be taken to civil court.

Edited October 25, 2011 by wcsc12

[strickj]

Sheesh.,..

-Step 1 - Carry your gun normally and shut-up about it. Talking about it to campus police, apartment managers and roomates is only going to bring you further trouble. Not to mention, the added risk of having your gun(s) stolen. Millions of people live in apartments with 'no weapons' clauses in their leases and nothing ever comes up about it. Think real hard about why this is.

-Step 2 - Go to the courthouse and evict your roommates.

-Step 3 - find new roommates ready to move in as soon as your current roomates' 30 days are up.

-Step 4 - Rinse and repeat as needed.

[True Grit]

Im not selling it. That's out of the question. I'll take it to my mom and dad's in spring hill before I do that and just have dad lock it up in his safe until i can get moved. but taking it to mom and dad's (35 miles away) is a last resort. I didn't get a permit and the gun to have it sit in a safe all the time, and I didn't get a permit to "NOT" carry.

Sounds like a good option. I have a HCP and my gun mostly sits in a safe. I can't carry at work or on its property. When I was in college my firearms were with my parents.

Edited October 25, 2011 by USARTGO

[Bubba0031]

I would think you could rent a safe depoit box @ a local bank for 6 months and store it there.

[JayC]

Good god... How long do you have left on the lease? I'd start doing research into how to dispute an eviction claim and tell the apartment complex you've resolved the issue and how you resolved it is none of their business, and I would keep carrying and storing the firearm at your apartment (but take much greater care in not allowing it to be seen).

You've already violated the first rule with dealing with issues like this, deny everything and admitted that you have a firearm.

It will take them months to prove you have a firearm in that apartment if you're smart and start the eviction process, then I'd fight it tooth and nail both via the eviction process as well as in the press. I'd go down to the local PD and pull all reported crimes and dispatches to that complex for the last 5 years, and use words when talking to the press such as being scared of living in the apartment because of all the crime in the area. Frankly, 1 bad news article will cost them a lot more than getting rid of you I'd also hit up every apartment review site on the internet and post (truthfully) the high crime rate in and around the apartment etc etc etc.

And at the end of the day none of us can tell you how this is going to turn out, there is no law allowing landlords from prohibiting firearms in a rented space. There is a TN AG opinion on the matter with little to no case law in TN to back up his claims. You may very well get before a judge that will throw out the lease clause prohibiting owning firearms. Or you may not, but in all likelihood your lease will expire along before it makes it through the entire process and you can move.

I would not break down my firearm or store it in my car, I wouldn't go and ask the MTSU PD anything about it... While having a barrel in your vehicle does NOT violate state law, it might violate a student code of conduct and while they couldn't charge you with a crime they could cause your trouble as a student.

[QuietDan]

I'm not a lawyer. However, talk to one.

If the apartment management will evict you for carrying a handgun, MAKE them evict you. My understanding is that once evicted, you are off the hook for the lease and the remaining rent. I wouldn't execute a plan like this unless I knew in advance that I wouldn't be on the hook for the rest of the rent.

If you've not been troublesome and have payed your rent on time, and if it's hard for an apartment to get reliable renters, you might even be calling their bluff. They might bargain with you, in writing this time. Right now, it's easier to bully you back down instead of losing your three rent-paying roommates. If you make them evict you, you might get the financial aspect to swing your way. You can probably then negotiate the terms of your "eviction." You certainly don't want them bad-mouthing you after you leave.

You may also be doing folks across the state a service, a new and innovative way to break a lease!

Have another place lined up, read the lease first. If your parents are only 35 miles away in Spring Hill, you at least have a backup living arrangement.

Edited October 25, 2011 by QuietDan

[Glock30]

Might I ask what apartment complex is putting you through the ringer? I lived in Murfreesboro once and wouldn't mind going back some day. Sounds like we almost need a list of "Do Not Rent" locations.

[ls3_kid]

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.

I'm not too sure about that, I would definitely double check because you can not even have a magazine on our campus...

[Oh Shoot]

... When at school I'd leave it in the car, which is legal, in a secured lockbox.

The only time I can see under TCA where a student may legally have a gun in car on campus is during the act of dropping off/picking up passengers.

- OS

[TMF]

Millions of people live in apartments with 'no weapons' clauses in their leases and nothing ever comes up about it. Think real hard about why this is.

^

[Guest Lester Weevils]

I've wondered about the gun on campus thang. The way it impacts me-- Wife's parents are retired academics and we often have Sunday lunch with them at a local college cafeteria. I get the impression that it is technically illegal to park on campus with the loaded pistol locked in the jeep underseat lockbox drawer.

It seems vanishingly unlikely that something would happen on a sleepy sunday afternoon on a small campus, which would cause the pistol to be discovered by the authorities. On the other hand, am a belt-and-suspenders person and try to avoid EVER having legal risk exposure.

The downside of course, if it truly is "technically illegal" to have the pistol in the bolted-down underseat lockbox, then the only realistic alternative is to leave the pistol at home for the entire Sunday outing.

[Oh Shoot]

I've wondered about the gun on campus thang. The way it impacts me-- Wife's parents are retired academics and we often have Sunday lunch with them at a local college cafeteria. I get the impression that it is technically illegal to park on campus with the loaded pistol locked in the jeep underseat lockbox drawer. ...

Yeah, the okay for "non student adult" to keep gun in car on campus is generally interpreted as needing to be unloaded and stored in same way as for someone without an HCP. - OS

[Chucktshoes]

You are fine Lester as you are a non-student adult and as long as the gun is not handled while on campus.

The appropriate section of TCA 39-17-1309

c) (1) It is an offense for any person to possess or carry, whether openly or concealed, any firearm, not used solely for instructional or school-sanctioned ceremonial purposes, in any public or private school building or bus, on any public or private school campus, grounds, recreation area, athletic field or any other property owned, used or operated by any board of education, school, college or university board of trustees, regents or directors for the administration of any public or private educational institution. It is not an offense under this subsection © for a nonstudent adult to possess a firearm, if the firearm is contained within a private vehicle operated by the adult and is not handled by the adult, or by any other person acting with the expressed or implied consent of the adult, while the vehicle is on school property.

[Chucktshoes]

Yeah, the okay for "non student adult" to keep gun in car on campus is generally interpreted as needing to be unloaded and stored in same way as for someone without an HCP. - OS

This puzzles me as it seems to be quite an addition to what the TCA actually states. Not that that should surprise me.

[Oh Shoot]

This puzzles me as it seems to be quite an addition to what the TCA actually states. Not that that should surprise me.

The two reasons most here have opined that it must be unloaded is because of the paragraph right before the one you quoted, where you can not have a firearm with intent to go armed at all.

The only difference between the two paragraphs is (1)the "intent to go armed" clause, and (2) no mention of HCP in the paragraph you quoted. Since the only way to possess the firearm in the car anywhere without an HCP is to have it unloaded, I'd say that's the intent of this admittedly gray part of the statute.

- OS

[Guest WyattEarp]

Might I ask what apartment complex is putting you through the ringer? I lived in Murfreesboro once and wouldn't mind going back some day. Sounds like we almost need a list of "Do Not Rent" locations.

at this point I'm not at liberty to say. Once I'm outta here, I'll gladly plaster their name all over the world wide web as a do not rent place.

[Guest Lester Weevils]

Thanks OhShoot and Chucktshoes for the good info!

[DaveTN]

I’m not clear on how this went down.

You saw a copy of the lease prior to signing. You called this guy and said he would give you an exemption on the firearms clause. Instead of just crossing out the firearms exemption and him initialing it; you signed a contract that banned firearms in the apartment? Or was this conversation after the lease was signed?

[Oh Shoot]

... Keeping a barrel in your car is no different than keeping a softball bat, tire iron, or hammer.

Safer, really. You could be charged with unlawful carry of a bat, tire iron, or hammer, depending.

- OS

[Fallguy]

I haven't read any of the other post yet, but here are my answers to your questions..

1) IMO just a barrel is not a firearm. But how campus police would feel about that, I have no idea. If they think it is, I guess the court would make the final ruling.

2) Yes the lease supersedes 39-17-1359 for anyone that signs it. There is even an AG opinion directly on this point. Without 39-

17-1359 signs, visitors could legally carry, until they were told to leave. They could also be instructed to never returned armed (even without signs) and if they did could be charged with trespassing. Also an AG Opinion directly on point.

3) In general No. Unless there was a specific problem they knew about or should have known about and didn't take reasonable steps to try and prevent it.

4) N/A

5) You will have to comply with whatever rules the Landlord sets forth. If he is willing to make any exceptions from the lease, make sure to get them in writing.

When I looked at the lease agreement for the apt complex I moved to in Milan for a couple of years, they had "No Motorcycles" on it. Well I have a bike and asked her about it. She said it was something her parents had put in there back when they had the place and that she didn't care if I had one. I asked her if she would mind changing the lease to state that and she didn't have any problem. I didn't sign it till that was removed. As you are learning...if something isn't in writing...it pretty much didn't happen.

Hope you can work something out.

[Guest TnRebel]

If I remember right when I lived in Fl. about 10 years ago HUD tried to bar guns from all of their housing complexes and it went to court and the castle doctrine superseded the "HUD Law" so they had to take it out of their leases.

Here is the link to the story

Fernandina Beach, FL, News-Leader newspaper. The local news source for Amelia Island and Fernandina Beach, FL

and here is one from SSRN

http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1555405##

Edited October 25, 2011 by TnRebel