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Thread: Possessing Firearms in Missouri Apartments

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    Possessing Firearms in Missouri Apartments

    Hello all,

    I came here with a question about possessing firearms in Missouri Apartments. I am 21, do not have any felons or misdemeanors, and own multiple long guns as well as a handgun. I am currently transitioning in life to move into an apartment and was hoping to find some clear legislature that states my rights as a Missouri gun owner. So far I believe that it is in your landlord's rights to state in your lease which you are required sign that you are not allowed to possess firearms of any kind on the premises. BUT if they post signs about not carrying weapons, and do not state anything in your lease it is then OK for a tenant to keep firearms in their apartment. I am hoping that landlords don't have the power to disallow my possession of firearms but am having a hard time finding anything concrete.

    Thanks in advance for your help
    Bryan

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    Moderator / Administrator Grapeshot's Avatar
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    Welcome to the forum.

    As your question(s) is state specific have moved this thread to the Missouri sub-forum.

    It involves real estate law as well as gun laws.

    That said, your home (apt) is generally considered your castle and don't believe you will find any laws restricting gun ownership, possesion, or mode of carry. Laws generally do not tell you what you can do, but rather what you cannot do. Therefore the absence of a law forbidding something makes it ex post facto legal.

    Sure that others will chime in shortly.
    You will not rise to the occasion; you will fall back on your level of training. Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

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    RSMo 571.107.1(15). Permit does not authorize concealed firearms, where--penalty for violation.

    http://moga.mo.gov/mostatutes/statht...tml?&me=lessee
    Public subsidized housing may not prohibit firearms. RSMo 571.510 http://moga.mo.gov/mostatutes/statht...tml?&me=lessee

    May not apply to you. Typically privately owned apartments are no different than any other business open to the public. Signs carry no weight in Missouri per RSMo 571.107.2.

    Landlord and Tenant statutes: http://www.moga.mo.gov/mostatutes/ch...apText441.html

    Do not mention firearms when discussing housing with a landlord. Read the lease agreement thoroughly. If signs are posted at the entrance(s) of the complex read the lease anyway. The prohibition may only apply to common area buildings such as a club house.

    Good luck and welcome.
    "I would rather be exposed to the inconveniences attending too much liberty than to those attending too small a degree of it." - Thomas Jefferson.

    "Better that ten guilty persons escape, than that one innocent suffer" - English jurist William Blackstone.
    It is AFAIK original to me. Compromise is failure on the installment plan, particularly when dealing with so intractable an opponent as ignorance. - Nightmare

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    Quote Originally Posted by Grapeshot View Post
    Welcome to the forum.

    As your question(s) is state specific have moved this thread to the Missouri sub-forum.

    It involves real estate law as well as gun laws.

    That said, your home (apt) is generally considered your castle and don't believe you will find any laws restricting gun ownership, possesion, or mode of carry. Laws generally do not tell you what you can do, but rather what you cannot do. Therefore the absence of a law forbidding something makes it ex post facto legal.

    Sure that others will chime in shortly.
    Thank you for moving my post, I wasn't entirely sure about where to ask this.

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    Also to note: a lease is a contract. A meeting of the minds. You are free to alter the lease to meet your needs. Sign it and if they sign it, its a done deal.

    Happy apartment shopping.

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    Moderator / Administrator Grapeshot's Avatar
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    Quote Originally Posted by davidmcbeth View Post
    Also to note: a lease is a contract. A meeting of the minds. You are free to alter the lease to meet your needs. Sign it and if they sign it, its a done deal.

    Happy apartment shopping.
    Being a party to an illegal lease clause doesn't make the condition(s) enforceable.

    All other things considered, if I liked the apt and there is no history of infringing I would proceed, BUT I would not make my RKBA an issue.
    You will not rise to the occasion; you will fall back on your level of training. Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

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    Quote Originally Posted by davidmcbeth View Post
    Also to note: a lease is a contract. A meeting of the minds. [ ... ]
    A meeting of the minds is one element of a valid contract. Also required are IIRC competency, intention, form and consideration.
    I am responsible for my writing, not your understanding of it.

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    Moderator / Administrator Grapeshot's Avatar
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    Quote Originally Posted by Nightmare View Post
    A meeting of the minds is one element of a valid contract. Also required are IIRC competency, intention, form and consideration.
    That is a very dated position that needs to be in writing.
    You will not rise to the occasion; you will fall back on your level of training. Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

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    Regular Member OC for ME's Avatar
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    Good luck getting a line item or two deleted/modified/added to benefit the lessee. I would not agree to modifying my lease/rental contract unless my attorney approved of the proposed changes.
    "I would rather be exposed to the inconveniences attending too much liberty than to those attending too small a degree of it." - Thomas Jefferson.

    "Better that ten guilty persons escape, than that one innocent suffer" - English jurist William Blackstone.
    It is AFAIK original to me. Compromise is failure on the installment plan, particularly when dealing with so intractable an opponent as ignorance. - Nightmare

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    It's been 2 years since I got my apartment, but as I recall there's nothing anywhere preventing you from possessing firearms in your apartment, as it is considered your "Castle".

    Don't bother trying to change an apartments lease. If they put anything in the lease banning firearms I'd tell them to take a hike, and explicitly state why I'm not staying in their apartments. Thankfully, I've never seen a contract that prohibits firearms in the tenants apartment. (I've lived in several)
    "Somebody ever tries to kill you, you try and kill em right back!" - Captain Malcolm Reynolds

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    Quote Originally Posted by OC for ME View Post
    Good luck getting a line item or two deleted/modified/added to benefit the lessee. I would not agree to modifying my lease/rental contract unless my attorney approved of the proposed changes.
    I have modified almost all pre-written contracts ... when you dangle the cash, most will accept changes.

    I add to many: "satisfaction guaranteed [if not....] to many contracts"
    .. because I ask them "will I be satisfied?" "Sure, they'll all say"

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    Moderator / Administrator Grapeshot's Avatar
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    Quote Originally Posted by davidmcbeth View Post
    I have modified almost all pre-written contracts ... when you dangle the cash, most will accept changes.
    --snipped--
    Grave and sincere doubts.
    You will not rise to the occasion; you will fall back on your level of training. Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

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    Quote Originally Posted by Grapeshot View Post
    Grave and sincere doubts.
    Just call the troll's lie his spade and bury him with what he shovels.
    I am responsible for my writing, not your understanding of it.

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    Quote Originally Posted by davidmcbeth View Post
    I have modified ...
    Post a countersigned rental document showing agreed to modifications...then proof of your words is here for all to see.

    Missouri is not CT where apartments and related "renting law" is concerned.
    "I would rather be exposed to the inconveniences attending too much liberty than to those attending too small a degree of it." - Thomas Jefferson.

    "Better that ten guilty persons escape, than that one innocent suffer" - English jurist William Blackstone.
    It is AFAIK original to me. Compromise is failure on the installment plan, particularly when dealing with so intractable an opponent as ignorance. - Nightmare

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