Landlords Restricting Firearms

[Lgunlaw90]

Is it legal for a landlord to restrict a tennant from keeping a firearm in the apartment they are renting? :flag:

[caf68]

I am not a lawyer, but as a former landlord, I know of no law that allows a landlord to prohibit the keeping of firearms in a rental property, provided the lessee is legally allowed to own and possess firearms.

[BWHaas]

I am not a lawyer, but as a former landlord, I know of no law that allows a landlord to prohibit the keeping of firearms in a rental property, provided the lessee is legally allowed to own and possess firearms.
Same here. I believe the law protects the lessee as the "homeowner" in that case and say that by signing the lease, you are technically on your property.

The MGO law guys will clear this up though

[kdogg]

The MGO law guys have cleared this one up many times. I've seen this same post about a dozen times since I've been a member. If you search the legal section, you will find threads that have this information already.

The sort answer is yes. Yes a landlord can restrict firearms. It's private property. You don't HAVE to sign the lease if you don't agree to those terms.

Just know if you sign a lease saying they don't allow firearms and they find out you HAVE firearms, well obviously that would give them the right to evict if they choose to.

http://www.migunowners.org/forum/showthread.php?t=81667&highlight=firearms+lease


I have a friend who just received a new lease for the apartment they live in. In this lease they have a new clause that states they are not able to be in possession of deadly weapons. In other words it prohibits having guns unless you are in law enforcement.

Is this legal?


Yes.

Note that Shyster is a lawyer.

That said, every lease I've EVER signed had this same "rule". I think it's more about covering there butt's in case something happens then anything. They could use it to evict if they choose to though.

[ChriZ]

That landlord sounds like a serious DB anyway... That would be a quick dealbreaker for me..

[maustin195]

The MGO law guys have cleared this one up many times. I've seen this same post about a dozen times since I've been a member. If you search the legal section, you will find threads that have this information already.

The sort answer is yes. Yes a landlord can restrict firearms. It's private property. You don't HAVE to sign the lease if you don't agree to those terms.

Just know if you sign a lease saying they don't allow firearms and they find out you HAVE firearms, well obviously that would give them the right to evict if they choose to.

http://www.migunowners.org/forum/showthread.php?t=81667&highlight=firearms+lease





Note that Shyster is a lawyer.

That said, every lease I've EVER signed had this same "rule". I think it's more about covering there butt's in case something happens then anything. They could use it to evict if they choose to though.

If that is the case and is true then how can a Local Unit Of Government be allowed to let a lease restrict firearms?

[Joeywhat]

If that is the case and is true then how can a Local Unit Of Government be allowed to let a lease restrict firearms?

Because it's a private entity doing what they want on their private property...

[dpgperftest]

Whats it state in the lease you signed ? That will be a good place to start.

Once a landlord stated a no pet policy but when I signed my lease it didn't state no pets, all the new renters could not have pets,
Note I did.

[maustin195]

Because it's a private entity doing what they want on their private property...
Yes but a Local Unit Of Government can't by law restrict gun rights on their property. If they can't restrict those rights how can they enter into a contract restricting those rights?

[Joeywhat]

Yes but a Local Unit Of Government can't by law restrict gun rights on their property. If they can't restrict those rights how can they enter into a contract restricting those rights?

Your landlord is not a 'local unit of government'. They are a private business. They own the property, not the 'local unit of government'.

[fbuckner]

Joey is 100% correct. A landlord can restrict firearms since it is privately owned just like any private business can restrict firearms on THEIR premisis.

[dpgperftest]

I am not a lawyer, but as a former landlord, I know of no law that allows a landlord to prohibit the keeping of firearms in a rental property, provided the lessee is legally allowed to own and possess firearms.


+1





even A landlord has to go by the contract.

If he (The landlard says no OC) than you cant OC.

If the Landlord says you cant own or CC any firearms on the property than I think it would be in the contract.

Its like owning pets the landlord had me sign a out dated contract (nothing about pets) talked to a lawyer and I got a pet I was good as long as I lived that that address. 8 years,

Note the newer lease states NO PETS.

[Awful Hugbot]

Is the gun in question a pistol?

If yes, then how would the landlord ever find out?

Personally I wouldn't sacrifice my ability to defend myself over a lease. Find somewhere else to live or hide your guns and don't give your landlord the opportunity to discover them.

[unclejim]

Alot of corporations have a weapons policy that restricts firearms on their property. Same story for landlords, it's their property and their right to protect it how they see fit. Much like it's my right to protect my property.

I would talk with the landlord, if you like the place tell them. Explain your concern about the weapons policy, and ask if you can remove that from the contract.

Leases have a lot of boiler plate language, most of the time prepared by a lawyer. The landlord in many cases wouldn't know their "weapons policy".

If the landlord doesn't agree to remove the weapons policy for your contract, you probably don't want to give them your hard earned money anyways. There are plenty of places to rent today, find a place that fits you and your lifestyle.

[esq_stu]

I am not a lawyer, but as a former landlord, I know of no law that allows a landlord to prohibit the keeping of firearms in a rental propertyIt is the common law of contracts. If it's in the lease and the tenant agrees to it, the common law says it is a valid contract. Property rights do not enter into it.

When it comes to visitors to common areas, property rights might then arise as an issue. But in a rented unit, if the lease says nothing about firearms, then the tenant can have them and can allow others in his unit to have them without violating a rental agreement.

[topflitecop21]

Leases have a lot of boiler plate language, most of the time prepared by a lawyer.


While this is true, if something is in the lease about weapons it is most likely because there was an incident from a previous renter or experience which worries the landlord. If this is stated in the lease, live with it or move. The people that suggest that you just have them and don't say anything about it are ethically and morally wrong. These are the one's that give anti-gun activists ammunition. Literally.

[langenc]

I wonder how the landlord would do if he tried to restrict based on:

color??

sexual preference??

several other situations like that???

[Cackler]

I wonder how the landlord would do if he tried to restrict based on:

color??

sexual preference??

several other situations like that???


Certain discrimination practices are illegal. Others are not.

Color for example. I require that my tenants pay me with greenbacks.

Sexual preference. I prefer not to have sex with my tenants, again I want my payment in greenbacks.

Anything else?

[camaro1776]

I agree just ask the landlord to remove it if he/she won't then go elsewhere. I rent and have a pitbull which is probably the most discriminated against breed and while most landlords just say no, even mine, up front if you just talk to them they may change their mind. I was able to have my pitbull and my landlord actually really liked my dog and I believe that I changed her mind however I will bet she will still say no pitbulls in the new leases. It's a cover your ace thing. Good luck.

[johnzilla]

This is no different than landlords restricting things like what breed of dog you can have, or condo/homeowner associations telling you which color your front door can be.

It all comes down to what you agree to when you sign the papers. Don't agree with the terms? Don't sign and "vote" with your feet and your wallet by going elsewhere...nobody forces you to sign an agreement or contract.