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

[DaveTN]

Dave, the terrible truth in the United States today is that there is no such thing as "private property" in real estate anymore. Lucas and Kehloe make that incredibly clear. If you are correct then there is absolutely nothing the government could do to prevent a private property owner from discriminating against racial minorities, religious minorities or any of a host of other groups which we know they cannot discriminate against in the housing context. I'm curious as to why you think that the the First Amendment (Exercise of either speech or religion) or the 14th Amendment (Equal Protection) are more entitled to implementation than the Second Amendment is. The Second Amendment gives you the right to keep arms in your residence. The Courts have decided that the Second Amendment protects residents in public housing, i.e., residences owned by federal, state or local governments, allowing those residents to own and possess a firearm in their leased apartments. Tell me why you believe that private apartment owners ought to have their Second Amendment rights to have a weapon in their residence deprived when private apartments CANNOT discriminate against other Constitutional rights? Frankly, I see no public purpose in allowing an apartment owner to refuse to lease an apartment to a racial or religious minority but allow them to discriminate against someone exercising their Second Amendment right to own a weapon. I recognize the current Tennessee Law, but I believe that with leased property, an owner cannot strip a lessee of their Constitutional rights.

Mike, don’t confuse what I say I know with my beliefs on how things should be. I believe that I have a right to keep and bear arms. I do not believe that right comes from the 2^nd amendment. I believe it comes from my very basic right of self-protection (inalienable rights). If you think your gun rights now, or every will, come from the 2^nd amendment; you are beat before you ever get started. I know for a fact that I do not have the right to bear arms. If I did I wouldn’t need to be buying the privilege from the state.

The 2^nd amendment is in direct conflict with states’ rights. States are charged with Policing and protecting themselves. Unless the Federal government wants to take on that task they will never be allowed to determine who can and can’t carry a gun. All the 2^nd amendment does anymore is to keep the government from disarming Police departments and National Guard units (as in England).

I also believe that an apartment owner should be able to rent or not rent to anyone he chooses. And that’s pretty much the way it is now unless the owner is getting some kind of Federal money. However, as has been noted time and time again; there are specific laws that deal with that.

No races or religions are outlawed or controlled in this country; guns are. Apples & Oranges.

I have no problem with the state telling a business owner he must allow people to carry guns on his property; as long as they give him absolute immunity from liability. But that’s not going to happen; the business owner is the “deep pocketsâ€, he will be the target no matter what happens because generally the other players don’t have enough money to mess with. As you see here Drew has an attorney telling him that the landlord is liable if something happens to him because he can’t carry. I think that’s ridiculous, but so be it; he wants to threaten the owner with a lawsuit. On the other hand, the parents of the kids that are living with him in that apartment may have some real concerns. When Drew kills one of those kids while playing around with his new handgun, who are the parents going to sue? Not Drew… he ain’t got chit. They are going to sue the property owner because they signed a contract that said firearms were not allowed on the premises. Not only that; they have now had a complaint about a gun in the apartment. It’s catch 22 for the business owners. And if that’s going to be the case; they get to decide how things are going to be.

Tennessee does not now nor have they ever in recent history allowed their citizens the right to keep and bear arms. Until they acknowledge that all citizens of the state have that right; it’s just a permit for a “special group†and no constitution rights are involved.

[Makiaveli]

they only spray for bugs in common areas, not in the bedrooms. In all actuality, there's no breaker panel in here, no wiring, no access panels, no plumbing, nothing in here other than an internet port outlet and cable outlet and if those need servicing, I have to call the internet company or cable company and make an appointment and be present during such repairs.

Lease specifically states the only way they can enter my room without my permission and presence is if it's an emergency and necessary to prevent damage or mitigate damage to the apartment unit. But I don't believe they can't just start sifting through dresser drawers, boxes, and what not. I'm sure exactly how it works, but I believe they can only search for things in plain sight (i.e under the bed, on top of dressers, on top of and under desks, beside dressers). I need to read more about "inspections" and see what it specifically states.

That's good to hear. However, remember you aren't dealing with lawyers or likely intelligent life here so they could conceivably rummage away or demand you open it up. You refuse, they file to evict etc and you have to take time out of your life to go to court and they might even be able to have you set out in the meantime if the Sheriff cooperates.

Note I am on your side, and trying to be helpful. Whether I am succeeding or not is up to you. But I have good intentions

[Makiaveli]

Dave, the terrible truth in the United States today is that there is no such thing as "private property" in real estate anymore. Lucas and Kehloe make that incredibly clear. If you are correct then there is absolutely nothing the government could do to prevent a private property owner from discriminating against racial minorities, religious minorities or any of a host of other groups which we know they cannot discriminate against in the housing context. I'm curious as to why you think that the the First Amendment (Exercise of either speech or religion) or the 14th Amendment (Equal Protection) are more entitled to implementation than the Second Amendment is. The Second Amendment gives you the right to keep arms in your residence. The Courts have decided that the Second Amendment protects residents in public housing, i.e., residences owned by federal, state or local governments, allowing those residents to own and possess a firearm in their leased apartments. Tell me why you believe that private apartment owners ought to have their Second Amendment rights to have a weapon in their residence deprived when private apartments CANNOT discriminate against other Constitutional rights? Frankly, I see no public purpose in allowing an apartment owner to refuse to lease an apartment to a racial or religious minority but allow them to discriminate against someone exercising their Second Amendment right to own a weapon. I recognize the current Tennessee Law, but I believe that with leased property, an owner cannot strip a lessee of their Constitutional rights.

What about the property owners rights to control what happens on his property? Also, no one is stripping anyone of their rights. The tenants are VOLUNTARILY giving up their rights when they CHOOSE to sign the lease.

[Oh Shoot]

... and they might even be able to have you set out in the meantime if the Sheriff cooperates. ...

If the sheriff gets an eviction order from the court, he's obliged to act on it. HE won't be judging the reason for it.

- OS

[Fallguy]

If the sheriff gets an eviction order from the court, he's obliged to act on it. HE won't be judging the reason for it.

- OS

Yep...but I think he was saying the sheriff might could make him leave before an eviction order was issued.

I find that a bit hard to believe....

[Oh Shoot]

Yep...but I think he was saying the sheriff might could make him leave before an eviction order was issued.

I find that a bit hard to believe....

Well, in the big metro counties anyway.

- OS

[strickj]

Yep...but I think he was saying the sheriff might could make him leave before an eviction order was issued.

I find that a bit hard to believe....

Yeah, well... he also said that apartment managers can rummage through renter's underwear drawer anytime they wanted...

[Fallguy]

Yeah, well... he also said that apartment managers can rummage through renter's underwear drawer anytime they wanted...

Good point...

Of course they have the ability...but not legally able to.

[Makiaveli]

Yep...but I think he was saying the sheriff might could make him leave before an eviction order was issued.

I find that a bit hard to believe....

No OhShoot has it right. I worded that like a moron. Must have changed thought streams in mid sentence and just kept typing. The sheriff has to have a court order, but I was trying to say they will literally put your stuff in the street and you can't stop it.

Alot of people keep saying just be quiet etc, but that's likely too late. Management knows about it, and unless they keep quiet the cat is out of the bag. It sounds like the on-site manager might not have a problem with it (based on the conversation at move-in) but if upper management/owners are anti-gun, then it's out of his hands. He will have to toe the company line to keep his job. If the OP gets caught, then he will most likely lose in court, not be able to pay it in time to avoid being reported to the credit bureau, have a hard time renting from a reputable place, etc.

I think though the lawyers letter about safety etc will likely get him out of the lease, and problem solved.

**edit** I never said they could legally rummage, I said they could physically do it and then lie like little female dogs about how they discovered the gun. I worked in the business and I saw things like this happen. If you want someone gone, you can find/make a way for it to happen. Same as if your boss wants to fire you, he can make it happen and it be legal and above board, at least on paper.

Edited October 28, 2011 by Makiaveli

[Fallguy]

No OhShoot has it right. I worded that like a moron. Must have changed thought streams in mid sentence and just kept typing. The sheriff has to have a court order, but I was trying to say they will literally put your stuff in the street and you can't stop it.

Alot of people keep saying just be quiet etc, but that's likely too late. Management knows about it, and unless they keep quiet the cat is out of the bag. It sounds like the on-site manager might not have a problem with it (based on the conversation at move-in) but if upper management/owners are anti-gun, then it's out of his hands. He will have to toe the company line to keep his job. If the OP gets caught, then he will most likely lose in court, not be able to pay it in time to avoid being reported to the credit bureau, have a hard time renting from a reputable place, etc.

I think though the lawyers letter about safety etc will likely get him out of the lease, and problem solved.

Well you're right in that I've known of landlords locking people out after being a day late on the rent and other things they can't legally do, but the tenants have no way of doing anything about it.

I just didn't get the feeling this place was like that....but can't say why...lol

[Makiaveli]

Well you're right in that I've known of landlords locking people out after being a day late on the rent and other things they can't legally do, but the tenants have no way of doing anything about it.

I just didn't get the feeling this place was like that....but can't say why...lol

Agreed but this is about guns and since when do people act rationally about guns?

[Guest ab28]

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.

But it is still considered your "home". Sorry, but my life is worth more than someone's property. If I won't let the government infringe on my rights, why would I let a private citizen do it? I'd personally tell the apt manager to stuff himself, and keep carrying.

[Fallguy]

But it is still considered your "home". Sorry, but my life is worth more than someone's property. If I won't let the government infringe on my rights, why would I let a private citizen do it? I'd personally tell the apt manager to stuff himself, and keep carrying.

He's not taking away your right if you choose to live there, you are. You can choose to live elsewhere.

[Guest TnRebel]

The sheriff has to have a court order, but I was trying to say they will literally put your stuff in the street and you can't stop it.

Only after the date the court sets for being out and it posted on the door first .

[Guest m500 lover]

Keep in mind, only the receiver (the Serial numbered part) is the fire arm. The barrel should not be part of the fire arm. I would not ask MTSU Police as it would only attract unwanted attention to you. The next time someone sets off fireworks or a loud fart they would come looking for you.

I can't find what I am looking for but a firearm should but defined some place as the receiver (the part with the SN) The barrel is only a part. So separating it like you defined in my opinion should be fine to only have a barrel with your car while at school. Of course the MTSU police are going to say any part is a weapon, even the mag.. They would probably tell you a screw related to holding the rear sights on is a weapon under ZERO TOLERANCE just to scare you about it.

BTW, sounds like you probably need new roommates.

However, I would not want it in my car with him knowning about it.

I would opt for a safety deposit box at my bank. You don't have to tell them what is going in it.

If you have insurance on your car, after you bank it, should tell him you left in you car as you agreed, put up a camera and wait.

not a lawyer, this is in no way legal advise.

You keep bringing up the serial number deal. If that which you are saying is the case then the barrel on my Springfield XD 40 is a weapon by itself because it had a serial number on it. BAD ADVICE!

Sent with Droid Incredible using Tapatalk.

[ProjectDexter]

This seems like a terrible situation, but not more terrible than being caught without your firearm when someone decides they want something you have. MOVE. Contract or not, no one can stop you.

[Oh Shoot]

This seems like a terrible situation, but not more terrible than being caught without your firearm when someone decides they want something you have. MOVE. Contract or not, no one can stop you.

He'd probably like to keep his credit rating higher than yours, assuming you've lived as per your advice.

- OS

[ProjectDexter]

He'd probably like to keep his credit rating higher than yours, assuming you've lived as per your advice.

- OS

I can do without your asinine comments on my credit score

- OhMy

[Oh Shoot]

I can do without your asinine comments on my credit score

- OhMy

I'd define asinine in our exchange as your advice to Wyatt to skip out on his lease -- fortunately he seems level headed enough not to follow it.

- OS

[ProjectDexter]

I'd define asinine in our exchange as your advice to Wyatt to skip out on his lease -- fortunately he seems level headed enough not to follow it.

- OS

My opinion, is that your life and family's life is more important than living somewhere just to honor a lease agreement. If your advice is to honor your lease over your life, I would not call that level headed advice. If my landlord showed up tomorrow and told me that if I did not remove my firearms I could no longer live in my condo, I would move.

[Fallguy]

My opinion, is that your life and family's life is more important than living somewhere just to honor a lease agreement. If your advice is to honor your lease over your life, I would not call that level headed advice. If my landlord showed up tomorrow and told me that if I did not remove my firearms I could no longer live in my condo, I would move.

I think just about everyone on here has told him to move.... I think he's just trying to do it in a way where he doesn't still owe rent etc....

[Oh Shoot]

My opinion, is that your life and family's life is more important than living somewhere just to honor a lease agreement. If your advice is to honor your lease over your life, I would not call that level headed advice. If my landlord showed up tomorrow and told me that if I did not remove my firearms I could no longer live in my condo, I would move.

I'd read the lease before I signed it. Also, he already can't have the pistol with him for 75% of his daily life, so it's not exactly overall life or death situation every day whether he has a pistol at home only.

That said, I'd keep the pistol in the apt anyway until a tenant was found to replace me on lease. Worst case, if found out again, I'd wait to be evicted, as that is not a credit default unless non-payment is the reason -- but I also wouldn't degrade my or my family's financial options by skipping out with a big black mark on credit score which won't drop off for at least five years -- that's logically the worst lump he's likely to take over the whole situation.

- OS

Edited October 29, 2011 by OhShoot

[ProjectDexter]

I think just about everyone on here has told him to move.... I think he's just trying to do it in a way where he doesn't still owe rent etc....

Indeed, I hope a heart to heart with the landlord could clear some of it up and help them work out a deal.

[Guest ArmaDeFuego]

So did we ever get an answer to the question, if the gun was found & he was evicted, would he still have to pay out the rest of the lease or would being evicted mean he wouldnt have to pay the rest of it?

[Guest ab28]

I think just about everyone on here has told him to move.... I think he's just trying to do it in a way where he doesn't still owe rent etc....

No way would I still pay rent if I wasn't living there, that is literally stealing.

So did we ever get an answer to the question, if the gun was found & he was evicted, would he still have to pay out the rest of the lease or would being evicted mean he wouldnt have to pay the rest of it?

I don't see how he would have to pay rent if he was evicted, that doesn't even make sense. "We are kicking you out, but by the way, you still have to pay rent". I would laugh in the face of any landlord that told me something that absurd.

Edited October 29, 2011 by ab28