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My lease prohibits possession of a firearm

marshaul

marshaul

Campaign Veteran
Joined
Aug 13, 2007
Messages
11,188
Location
Fairfax County, Virginia
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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.
 
A

Army

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Mar 19, 2008
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289
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San Luis Obispo, California, USA
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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.
 
S

sjalterego

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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.
 
ConditionThree

ConditionThree

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May 22, 2006
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Shasta County, California, USA
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Army wrote:
Your car is your property, andan extension of your home: CA legal to carry/transport in your car.
Click to expand...
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...
 
cato

cato

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Oct 29, 2006
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Location
California, USA
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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.
Click to expand...
I second and welcome sjalterego.:)
 
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