GUN Question on a legal issue.

Discussion in 'On Topic' started by Aequitas, Mar 21, 2006.

  1. Aequitas

    Aequitas If it keeps on raining, levee's going to break.

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    I live in an aparment complex that's geared towards college students, 3 and 4 bedrooms with individual leases. The property is off campus. The lease says there is no firearms allowed. I don't see how they would possibly find a firearm, unless it was out in the open. But, if someone was to keep the gun in the apartment and it was found and they evicted the person, could it be argued that they're violating his/her 2nd amendment rights? Also, would the NRA have said person's back?
     
  2. TL1000RSquid

    TL1000RSquid ΜΟΛΩΝ ΛΑΒΕ

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    If its in the lease contract no guns, then I don't think you'de have much of a chance to fight it.
     
  3. Aequitas

    Aequitas If it keeps on raining, levee's going to break.

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    That's what I was thinking, but I had some hope. Oh well, only a month left to go.
     
  4. TL1000RSquid

    TL1000RSquid ΜΟΛΩΝ ΛΑΒΕ

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    I could be wrong I'm not a lawyer, but if its in a contract you signed then thats pretty binding.
     
  5. Aequitas

    Aequitas If it keeps on raining, levee's going to break.

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    I was thinking it could be a situation where, even if put into a contract, it isn't something that can be forbidden. But, I guess it's kind of like waiving your 5th amendmant rights too.
     
  6. twofourtysx

    twofourtysx New Member

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    Thats the same as apts saying you cant have dogs. Its their apartment and their policy. It could be argued that if you dont like it you could easilly rest the apt down the street. If you sign the contract and get caught with a firearm you would probabally be in some trouble
     
  7. striker754

    striker754 Chillin

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    NRA won't do JACK shit for you. Don't EVER count on them.

    Worst that will happen is you get evicted. Your lease says no guns, you signed it, no 2nd amendment won't happen here.
     
  8. twofourtysx

    twofourtysx New Member

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    NRA actually does alot. But for every NRA action there are 2 liberals that are there arguing the other way. And NRA cant do it by themself. Its gun owners like you who probabally dont do "jack shit" that makes it hard for pro-gun legislation to pass. What solid sources state that they dont "do jack shit for you"? You make some pretty ignorant statements sometimes. :ugh:
     
  9. striker754

    striker754 Chillin

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    Yep. You're right. My letters to my senators and representatives is not doing jack shit. Trying to set meetings up with these people is jack shit.

    NRA just wants your money. NRA turned down a bunch of people online to overturn one of the gun bills. The NRA sure as hell isn't going to help someone in BFE who got kicked out of his apt for a gun.
     
  10. Aequitas

    Aequitas If it keeps on raining, levee's going to break.

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    Thanks, that's a good analogy. I'm not too sure how willing they would be to evict though. I had a roommate that was doing drugs and the cops found them in the apartment, they didn't do jack shit to him. Still, I didn't want to risk losing a lot of money.
     
  11. twofourtysx

    twofourtysx New Member

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    Yeah that won't do that. But they still make efforts. They try, but its people that dont do anything and just expect their dues to change everything. Props on doing that stuff though. Its usually people who complain about them not doing anything that dont do anything themselves.
     
  12. no7fish

    no7fish New Member

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    I think if you sign a lease, you are legally obliged to abide by the rules set forth in it, which you are agreeing to in signing it. It would be a very hard case to fight on grounds that they are infringing on your constitutional rights. I just don't think you would have much luck fighting a rule that you agree to in writing... Also, I think it is one of those things that is at the landlord's discretion as they own the property.
     
  13. Bigsnake

    Bigsnake OT Supporter

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    I think we had this discussion in on-topic but some people said some states have laws that landlords can't prevent firearms on the property. I'd check into your local renters laws.

    If it's in the lease though, then they can probably kick you out for it.
     
  14. SpicyMcVoodoo

    SpicyMcVoodoo New Member

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    I doubt they're infringing on your second amendment rights. They're not preventing you from owning a gun. They're just saying you cannot keep it on THEIR property that you're renting. A property owner has a perfect right to disallow guns on the premises.
     
  15. If any part of a lease is illegal, the whole lease is illegal, even if it says so otherwise. Laws are typically very much against landlords but renters don't understand their rights and the bigger problem is that the courts don't even understand the laws or worse they don't agree with them. :rolleyes:

    Whether or not it's legal for them to put that in their lease depends on your state and county laws.
     
  16. krott5333

    krott5333 Guest

    life > lease
     
  17. Aequitas

    Aequitas If it keeps on raining, levee's going to break.

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    That's one of my strongest motivations, I'd rather be alive with no place to live than to have a place to live but be dead.
     
  18. striker754

    striker754 Chillin

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    Doubt it. It's their house. Nothing illegal about this lease here.
     
  19. You can't say that without knowing the guy's state and local laws...

    They might not allow property owners to have a say on whether or not guns are allowed
     
  20. Aequitas

    Aequitas If it keeps on raining, levee's going to break.

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    Thanks for all the input. Another question, only the police can search your stuff right, meaning there would have to be a warrant/probable cause? People from the maintenance/management come in, but they're just checking to make sure there aren't holes in the walls or a half burned couch.
     
  21. krott5333

    krott5333 Guest

    landlord can come in, but cannot check your things like dressers, etc etc
     
  22. Gimik

    Gimik New Member

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    Hrmm... are you sure they can just barge in? What if it's a female occupant and she's not decently clothed? That seems like it could be abbused.
     
  23. TL1000RSquid

    TL1000RSquid ΜΟΛΩΝ ΛΑΒΕ

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    :werd:
     
  24. TL1000RSquid

    TL1000RSquid ΜΟΛΩΝ ΛΑΒΕ

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    Can't just barge in, but I believe if the person isn't home and say plumbing or something needs to be fixed they can go inside.
     
  25. Aequitas

    Aequitas If it keeps on raining, levee's going to break.

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