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Thread: My lease prohibits possession of a firearm

  1. #1
    Campaign Veteran marshaul's Avatar
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    Now, I'm not worried about things as far as my landlord goes. There's basically nothing they can do to enforce their silly prohibition.

    However, I would like to pick up a 1911 for myself in California (my Virginia guns are unregistered and with my parents, where they're going to stay), and start OCing, at least occasionally, here.

    Are there any real legal ramifications to my lease? That is to say, will it in any way affect my legal rights, in or out of my house (self-defense in the home, open carry outside it)?

    Obviously, I'm a CA resident these days, just in case anybody is wondering.

  2. #2
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    State law pre-empts

    Your car is your property, andan extension of your home: CA legal to carry/transport in your car.

    The sidewalk to your front door is public access, unless in a gated community, regardless: CA legal to transport to and from car.

    Your house or apt. is your property under law: CA legal to posess or carry in any lawful manner.

    He can deny you guns, like he can deny you driving a Chevy.

  3. #3
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    Army's answer above is not entirely correct.



    He states that state law pre-empts the landlord. The landlord's lease language is enforceable as between the two of you. Meaning that if the landlord discovers you possess a handgun he CAN if he wishes, enforce the lease terms and kick you out for violation of the lease or force you to dispossess yourself of the handgun.



    As between you and the state of California. Army's answer is correct. Nothing in the lease affects your legal/criminal rights. The lease provision does not makt it a a criminal violation for you to possess the handgun in your apartment (provided it would be legal otherwise). Anything that you could legally do if the lease provision didn't exist you can still legally do. The lease agreement doesn't change anything, other than the fact that the landlord can kick you out if he learns of your handgun possession.

  4. #4
    Campaign Veteran marshaul's Avatar
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    Thanks a lot. That's why I thought, but I wanted to make absolutely sure.

  5. #5
    State Pioneer ConditionThree's Avatar
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    Army wrote:
    Your car is your property, andan extension of your home: CA legal to carry/transport in your car.
    Citation please- I havent heard any case law or code that would imply my vehicle would be an extention of my home, unless it were a camper or RV stopped at a temporary campsite... If it truly were an extention of my home, I could carry concealed, openly, loaded, through a school zone...
    New to OPEN CARRY in California? Click and read this first...

    NA MALE SUBJ ON FOOT, LS NB 3 AGO HAD A HOLSTERED HANDGUN ON HIS RIGHT HIP. WAS NOT BRANDISHING THE WEAPON, BUT RP FOUND SUSPICIOUS.
    CL SUBJ IN COMPLIANCE WITH LAW


    Support the 2A in California - Shop Amazon for any item and up to 15% of all purchases go back to the Calguns Foundation. Enter through either of the following links
    www.calgunsfoundation.org/amazon
    www.shop42a.com

  6. #6
    Newbie cato's Avatar
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    sjalterego wrote:
    Army's answer above is not entirely correct.



    He states that state law pre-empts the landlord. The landlord's lease language is enforceable as between the two of you. Meaning that if the landlord discovers you possess a handgun he CAN if he wishes, enforce the lease terms and kick you out for violation of the lease or force you to dispossess yourself of the handgun.



    As between you and the state of California. Army's answer is correct. Nothing in the lease affects your legal/criminal rights. The lease provision does not makt it a a criminal violation for you to possess the handgun in your apartment (provided it would be legal otherwise). Anything that you could legally do if the lease provision didn't exist you can still legally do. The lease agreement doesn't change anything, other than the fact that the landlord can kick you out if he learns of your handgun possession.
    I second and welcome sjalterego.

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