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Go Back   E46Fanatics > Everything Else > The Off-Topic > Gun Talk

Gun Talk
Are you a gun fanatic as well? If so, you'll want to talk to other owners about what you own in this forum.

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Old 11-02-2009, 12:11 AM   #1
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Firearm living situation

I live in an apartment complex about 250 yards from my campus. I signed a contract which said "residents may not do the following prohibited activities: possessing a firearm (unless authorized by law)." Would my CWP suffice as being "authorized by law" because they keep giving me problems saying that I cannot keep my firearms in my apartment.
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Old 11-02-2009, 12:14 AM   #2
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What's the exact language of the lease?
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Old 11-02-2009, 12:18 AM   #3
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What's the exact language of the lease?
English, I presume.
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Old 11-02-2009, 12:20 AM   #4
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English, I presume.
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Old 11-02-2009, 12:21 AM   #5
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In before JonJo- awwwwww.........
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Old 11-02-2009, 12:22 AM   #6
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Quote:
Originally Posted by jtmoney2k27 View Post
I live in an apartment complex about 250 yards from my campus. I signed a contract which said "residents may not do the following prohibited activities: possessing a firearm (unless authorized by law)." Would my CWP suffice as being "authorized by law" because they keep giving me problems saying that I cannot keep my firearms in my apartment.
Well..... laws tell you what you CAN'T do...not what you CAN do....

2nd Amendment backs you that you are allowed to own one. A poorly written policy such as that one, means nothing.

Are they conducting illegal 4th Amendment violating searches of your property/person? How would they ever know you own/carry one anyways?

IANAL but IDLANAL
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Old 11-02-2009, 12:25 AM   #7
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IANAL
Oh, really?
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Old 11-02-2009, 12:26 AM   #8
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English, I presume.


If you have a legal document stating that you have legal permission to carry a gun, then who is an apartment complex manager to override the law? Being that you already signed the contract they cannot make you move because of it, otherwise they would be breaching their side of the contract. It seems to me they don't want guns period so in that case they should have left out the "unless otherwise...." clause entirely.

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Old 11-02-2009, 12:31 AM   #9
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2nd Amendment backs you that you are allowed to own one. A poorly written policy such as that one, means nothing.
I should better clarify for some people...

Entering into a private contract (apartment lease), you agree to certain terms (No loud music, no firearms, no sub-leasing, etc.) If you break those terms you could (at the most) be in violation of your lease and (at the most) get evicted. You would not face any criminal charges (unless you ACTUALLY committed a crime, obviously) <---carrying a legal firearm is not one in this scenario...

What the language of the apartment complex screwed up on was how they worded it.

Anyways...

Noone needs to know you're carrying, and if they have a problem... vote with your money and don't live there. Notify management and the owner of the property why they are not going to get your business $$$

IANAL and check your own states laws
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Old 11-02-2009, 12:37 AM   #10
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Well..... laws tell you what you CAN'T do...not what you CAN do....

2nd Amendment backs you that you are allowed to own one. A poorly written policy such as that one, means nothing.

Are they conducting illegal 4th Amendment violating searches of your property/person? How would they ever know you own/carry one anyways?

IANAL but IDLANAL
There is one way of getting to the parking garage which is by the front office. I have to walk by the office when I want to go to the gun range with my guns. The exact wording on the lease is
Quote:
5. Nether you nor your guests will be allowed to engage in the following prohibnited activities: lour or obnoxious conduct, disturbing or threatening the rights, comfort, health, safety or convenience of others in or near the Apartment Community; possessing, selling or manufacturing illegal drugs or illegal drug paraphernalia; engaging in or threatening violence; possessing a weapon (unless authorized by law); discharging a firearm in the Apartment Community; displaying a gun, knife or other weapon in the Apartment Community in a threatening manner; soliciting business or contributions; operating a business or child care service within the Premises; storing anything in closets having gas appliances; tampering with utilities; bringing hazardous materials into the Apartment Community; using candles, incense or kerosene lamps.
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Old 11-02-2009, 12:37 AM   #11
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Yes you're violating the lease, but how will they find out?
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Old 11-02-2009, 12:42 AM   #12
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Quote:
Originally Posted by jtmoney2k27 View Post
There is one way of getting to the parking garage which is by the front office. I have to walk by the office when I want to go to the gun range with my guns. The exact wording on the lease is

Quote:
possessing a weapon (unless authorized by law);
Again... you should be good here... Law doesn't need to authorize you to do anything

Quote:
displaying a gun, knife or other weapon in the Apartment Community in a threatening manner;
You should be good here... Based on this language, you can even OC (Open Carry) <-- if your state allows it. Many lawsuits have been fought AND WON that states simply displaying a firearm (OC) does not constitute a crime, RAS or disorderly conduct. Just don't wave it around! lol

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discharging a firearm in the Apartment Community;
Well.... If you feel the need to discharge it, hopefully it's for a good reason
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Old 11-02-2009, 12:43 AM   #13
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Yes you're violating the lease, but how will they find out?
I would argue that he is in no way violating it, but anyways... just CCW

Same with malls <--- private property and most state that you are not allowed to carry firearms while on mall property... If you conceal, who is going to know?

If you are discovered carrying in the mall (printing while concealed or Open Carrying), ALL THEY CAN DO is tell you to leave. THATS IT! They have no bearing to detain you, ask for ID, etc NOTHING
Now, if you don't leave..... then you'll be arrested for trespassing...
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Old 11-02-2009, 12:46 AM   #14
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I would argue that he is in no way violating it, but anyways... just CCW
Well now isn't that the same thing as saying like how most apartment's don't allow pets and he gets one? I mean I guess you could look at it like who are they to argue with his right to bare arms? But isn't it in his "legal" part of the contract he signed saying he wouldn't?
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Old 11-02-2009, 12:48 AM   #15
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Well now isn't that the same thing as saying like how most apartment's don't allow pets and he gets one? I mean I guess you could look at it like who are they to argue with his right to bare arms? But isn't it in his "legal" part of the contract he signed saying he wouldn't?
If the policy said

"You are not allowed to own a pet (Unless allowed by law)"

You can HAVE a pet! lol

2nd Amendment really doesn't matter in a private civil matter such as this.
The lease can say (Tenants are not allowed to wear sneakers on Thursdays) if they want.
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Old 11-02-2009, 12:50 AM   #16
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Wait Wait Wait. the 2nd amendment has nothing to do with owning a pet. You confused me there.
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Old 11-02-2009, 12:58 AM   #17
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Well now isn't that the same thing as saying like how most apartment's don't allow pets and he gets one? I mean I guess you could look at it like who are they to argue with his right to bare arms? But isn't it in his "legal" part of the contract he signed saying he wouldn't?
I understood that he cannot have a gun unless authorized by law. So if he has a license to have the gun then he is not breaching the contract. Using the pet analogy, you cannot have pets but if you have an aid dog then there is nothing they can do to you.
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Old 11-02-2009, 01:04 AM   #18
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It is illegal to OC in FL unless on your private property (house) or business.

You have your CWP, so you are allowed to CC.

Cliff Notes.... Just keep CC your firearm and mum is the word to your apartment complex. How would they ever know? and even if they found out... the language of the lease was not written well enough to prevent you from carrying anyways.
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Old 11-02-2009, 01:15 AM   #19
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damn JJ, you moved it to the nonexistent "gun forum"
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Old 11-02-2009, 01:24 AM   #20
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damn JJ, you moved it to the nonexistent "gun forum"
Lol I didn't. But thanks to those that did!

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