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Can landlords infringe upon 2nd amendment rights?

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  • Can landlords infringe upon 2nd amendment rights?

    My friend lives in the same apartment complex as I do. When he moved in, he said that he was taking his rifle inside and the landlord came up to him and said that she did not want him to have the rifle in his apartment. He basically just blew her off and took it in anyways.

    Does she have any right to tell him he cannot have his rifle in the apartment? No where in the lease does it state that you cannot have firearms in your apartment. Also, is it unconstitutional to state that in a lease?
    sigpic

  • #2
    It isn't in his lease so, no she can't say a thing.

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    • #3
      In Kentucky!? What is the world coming too? I could have seen this happening where I live, but not Kentucky!

      Sad to say, but I believe on private property, the owner can make his own restrictions. However, I would like to see the NRA or GOA file a lawsuit for violating gun owners rights. But thats just me
      I make my living on Irish welfare.

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      • #4
        ASSUMING there is a valid, written, signed contract for his lease, with nothing in writing or verbally instructed to him that she didn't want the firearm in the apartment before he signed the lease agreement... your 'friend's' rent is paid current... your 'friend' isn't on probation, is a convicted felon, or is otherwise prohibited by law from owning, possessing or being in the presence of a firearm... your city doesn't have a wacky-bobo, D.C. style, anti-gun law that hasn't been thrown out by the courts yet... and Kentucky laws are the same as California laws when it comes to evictions...

        Your friend will have an easier time in court defending himself from the civil litigation and/or eviction notice sure to come his way.

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        • #5
          As stated, if it's not in his lease then she can't legally stop him from doing it.

          But no, it would not be unconstitutional for a landlord to put that in the lease. It's just like when businesses put up "No Firearms" signs.

          Yes, you have a right to keep and bear arms.
          No, you do not have a right to be on someone else's property.

          If the property owner chooses to not allow people with guns on their property, that is their choice. They can't make you get rid of your gun but they don't have to let you bring it on their land.

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          • #6
            Like the others have said, whats the landlord going to do. It takes an act of god to kick someone out for not paying rent.
            The liberal politician has the only job where they go to the office to work for everyone but those who pay their salary.

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            • #7
              Depends on if it is in the lease or not. Even so its not illegal unless he is a felon.

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              • #8
                Someone tried to break into my apartment. I don't give a rats crusty *** what any landlord says. I'm sleeping with my glock very close by.

                Landlords in California as far as I know can ban weapons from their private property.
                -I don't feel you honor someone by creating a physical gesture (the salute). You honor them by holding them in memory and, in law enforcement, proceeding in vigilant, ethical police work. You honor this country or deceased soldiers or whatever you're honoring when you salute a flag by thinking, feeling, and continuing a life of freedom.

                --ArkansasRed24

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                • #9
                  In So. California, the landlord can issue a 30 day notice to vacate( without a reason) and if tenant has been there less than one year after one year, a 60 day notice can be issued. with or without rental agreement.
                  America, Land of the Free because of the Brave

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                  • #10
                    Originally posted by lawandasan View Post
                    In So. California, the landlord can issue a 30 day notice to vacate( without a reason) and if tenant has been there less than one year after one year, a 60 day notice can be issued. with or without rental agreement.
                    Thats hard to believe, especially in a state like that. Why do you say in Southern California?
                    The liberal politician has the only job where they go to the office to work for everyone but those who pay their salary.

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                    • #11
                      ^^^because the real estate laws are different in North and South Cali
                      America, Land of the Free because of the Brave

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                      • #12
                        Thats been tried in public housing all over and the courts have always ruled on the side of the tenant as far as I know.

                        And no I can't give anybody the caselaw at this time of day.

                        The landlord can make any rule he wants but he can't over-ride the constitution.

                        The recent D.C. case would only help the case.

                        The landlord can't take away free speech rights or anything else. Even if it was in a signed lease I doubt it would be legal.

                        What the landlord CAN do is find any other stupid thing they can to get you evicted if they don't like you.

                        Save money and buy a house.
                        "Why is common sense so rare?" - Me

                        By the way.. They aren't "Clients" or "Customers" they're CRIMINALS... sheesh

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                        • #13
                          Originally posted by Fëanor View Post
                          But no, it would not be unconstitutional for a landlord to put that in the lease. It's just like when businesses put up "No Firearms" signs.

                          Yes, you have a right to keep and bear arms.
                          No, you do not have a right to be on someone else's property.

                          If the property owner chooses to not allow people with guns on their property, that is their choice. They can't make you get rid of your gun but they don't have to let you bring it on their land.
                          I have to disagree with that. There's a big diffrence between going to Outback and renting a primary residence.

                          Could the landlord tell me I'm not allowed to drink beer?

                          Could they tell me I can't say I'm an atheist?

                          Could they not tell me not to have gay sex? (I don't by the way, just an example)

                          How about no black friends over? "You can rent this apartment, just don't bring home any negros."

                          Good luck.
                          "Why is common sense so rare?" - Me

                          By the way.. They aren't "Clients" or "Customers" they're CRIMINALS... sheesh

                          Comment


                          • #14
                            He signed a lease that had no statemetns about firearms.
                            He pays for the apartment(rent)
                            that means it is HIS dwelling area, so no she has no valid way to enforce her likes/ dislikes on the tentants.

                            notice she said it and he did not react to it, as you said, he ignored her and carried it in anyway. She didnt do drama, she didnt continue she did nothing but SAY and that was a leaf in the wind.
                            ‘Some cause happiness wherever they go; others, whenever they go.’
                            Oscar Wilde

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                            • #15
                              Well he can keep the rifle but I guess he should be expecting an eviction notice for the next month.

                              Comment

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