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Thread: If an apartment land lord has a problem with open carry?

  1. #1
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    Hello everyone,

    I've heard of vague stories of some apartment landlords having problems with people open carrying their firearms, and even sometimes they attempt to get these innocent people evicted. My first thought would be to see a lawyer, but in any case what would you do in that situation?

    The reason why I ask is because I will be moving to the other side of town of Las Vegas (Nevada being an open carry state of course), and I don't believe I should even have to let them know my privacy that I do open carry my firearm, and at the same time I don't want to be kicked into the streets and go through the hassle of the legal system, any advice would be greatly appreciated!!

    -hellstorm702

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    Regular Member okboomer's Avatar
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    IANAL and IMHO only:

    Unless it is written into the lease, they cannot evict you over a gun. You should also check the gun laws in NV to see if they address domiciles ... once you sign the lease, pay the deposit and first month's rent, that is your PRIVATE, PERSONAL SPACE and no one has the right to determine what you do inside, or between your front door and your vehicle as long as it is legal and you are behaving in a lawful manner.

    And your vehicle is considered to be parked on your private property in that parking lot ... especially if there is assigned parking.

    You might get cites if you post this in the NV forum
    cheers - okboomer
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    Even if the laws of a particular state give the tenant such a level of control of the leased space that the owner of the space cannot enforce a no-guns policy, only the owner of an apartment complex can claim singular control over the open and public spaces.

    If an apartment complex owner wanted no guns on his premises, he could easily find a way to enforce it--as long as he puts all restrictions he legally can into the leases.

    I have no problem with a landlord disallowing firearms on his premises. I just would choose not to live there. After all, BGs need unprotected places to target so that we, in our protected spaces, never even need to unholster our protection.

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    I ink we have an individual right to keep and bear arms. However in Tennessee the AG has issued an opinion that guns can be prohibited on rental or leased property.



    TN AG opinion 09-170

    October 26, 2009

    Question. Can a landlord prohibit tenants who possess valid handgun carry permits from

    possessing firearms in the apartment if the tenant has a permit issued by the State?

    Answer. A landlord can prohibit tenants, including those who hold handgun carry permits, from possessing firearms within the leased premises. Such a prohibition may be imposed through a clause in the lease, or, in counties where the Uniform Residential Landlord and Tenant Act, Tenn. Code Ann. §§ 66-28-101 to 66-28-501, is in effect, such a prohibition may be imposed by adopting a rule that satisfies the requirements of Tenn. Code Ann. § 68-28-402.





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    Regular Member Ruger's Avatar
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    kwikrnu wrote:
    I ink we have an individual right to keep and bear arms. However in Tennessee the AG has issued an opinion that guns can be prohibited on rental or leased property.



    TN AG opinion 09-170

    October 26, 2009

    Question. Can a landlord prohibit tenants who possess valid handgun carry permits from

    possessing firearms in the apartment if the tenant has a permit issued by the State?

    Answer. A landlord can prohibit tenants, including those who hold handgun carry permits, from possessing firearms within the leased premises. Such a prohibition may be imposed through a clause in the lease, or, in counties where the Uniform Residential Landlord and Tenant Act, Tenn. Code Ann. §§ 66-28-101 to 66-28-501, is in effect, such a prohibition may be imposed by adopting a rule that satisfies the requirements of Tenn. Code Ann. § 68-28-402.



    However, the above may not necessarily apply to the OP, as he is in NV, and not TN.
    Carry on!

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    Ruger wrote:
    However, the above may not necessarily apply to the OP, as he is in NV, and not TN.
    Laws differ State to State which is why I said the opinion was from TN. Without knowing anything about NV I would bet that a landlord could prohibit firearms in a lease or rental contract. They would probably cite some safety issue.If you meet with the owner of the property and they do not like guns and you have one on your hip I'd say there is a good chance they will not lease or rent the property to you.

    Are there any States which protect the right of an individual to possess firearms in rental or leased property?

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    Moderator / Administrator Grapeshot's Avatar
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    kwikrnu wrote:
    Ruger wrote:
    However, the above may not necessarily apply to the OP, as he is in NV, and not TN.

    Laws differ State to State
    which is why I said the opinion was from TN. Without knowing anything about NV I would bet that a landlord could prohibit firearms in a lease or rental contract. They would probably cite some safety issue.If you meet with the owner of the property and they do not like guns and you have one on your hip I'd say there is a good chance they will not lease or rent the property to you.

    Are there any States which protect the right of an individual to possess firearms in rental or leased property?
    In Virginia a residential lease generally contains a clause referring to no illegal acts.
    Beyond that an agreement could be drawn wherein both parties agreed to something beyond the norm; however I know of no company or management agent doing this with regard to guns.

    § 55-248.7. Terms and conditions of rental agreement; copy for tenant.
    A. A landlord and tenant may include in a rental agreement, terms and conditions not
    prohibited by this chapter or other rule of law
    ....
    http://www.dhcd.virginia.gov/Homeles...t_Handbook.pdf

    Housing Authorities have tried to restrict guns from their residents, only to have these rules struck down in several states. Here is one example:
    http://www.nraila.org/News/Read/InTheNews.aspx?ID=13370

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