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Renting and OCing ?

J.Gleason

Banned
Joined
May 1, 2009
Messages
3,481
Location
Chilton, Wisconsin, USA

paul@paul-fisher.com

Regular Member
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May 24, 2009
Messages
4,049
Location
Chandler, AZ
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J.Gleason wrote:
Why does every conversation on here have to be some long drawn out "but what if" conversation? why can't the answer just be the answer?

I now know who I'm dealing with, You are a 'don't confuse me with the facts, my minds made up' guy.

I'll try to remember that. What I've discovered is that if I think every one else is wrong. most likely I am.

Your quote about suing for your rights does not apply on private property unless I'm infringing on a protected right. If I own the apartment building I can stop you from having a gun on premises.
 

J.Gleason

Banned
Joined
May 1, 2009
Messages
3,481
Location
Chilton, Wisconsin, USA
imported post

paul@paul-fisher.com wrote:
J.Gleason wrote:
Why does every conversation on here have to be some long drawn out "but what if" conversation? why can't the answer just be the answer?

I now know who I'm dealing with, You are a 'don't confuse me with the facts, my minds made up' guy.

I'll try to remember that. What I've discovered is that if I think every one else is wrong. most likely I am.

Your quote about suing for your rights does not apply on private property unless I'm infringing on a protected right. If I own the apartment building I can stop you from having a gun on premises.
Wrong , wrong and wrong again.

I am not a "don't confuse me with the facts, my mind is made up guy.'
Your not stating any facts.

the "fact" is that unless you sign a lease in agreement that you will not own or possess any firearms while residing on the property, there is nothing the leasor can do about it. It is your legal constitutional right to own or possess a firearm (providing your not a felon) and as it states in the U.S.Code,

"Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity"

Every person includes land lords and I believe any of the land lords rules would fall under one of the catagories of statute, ordinance, regulation, custom or usage.

You sir are the one who seems to have the problem admitting you could be wrong. Instead you just start insulting others who don't agree with you. Typical.

As far as protected rights go 2A is a protected right both under the U.S. Constitution and the Wisconsin Constitution. So I don't care if your the owner of the Apartment building or not. All I can say to that is Molon Labe! If you dare!

If you don't know the facts quit misleading people.
 

paul@paul-fisher.com

Regular Member
Joined
May 24, 2009
Messages
4,049
Location
Chandler, AZ
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J.Gleason wrote:
the "fact" is that unless you sign a lease in agreement that you will not own or possess any firearms while residing on the property, there is nothing the leasor can do about it.

Then we agree. You said it was your right no matter what the lease stated. What I said is that I as a landlord can stop you, you said no. I can if I put it in the lease or in the rules attached to the lease.
 

Wisconsin Carry Inc. - Chairman

Wisconsin Carry, Inc.
Joined
Jan 23, 2010
Messages
1,197
Location
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As a landlord, I can tell you that every state has different laws with regard to what landlords can and cannot prohibit.

In Wisconsin there is a list of "Prohibited rental agreement provisions." (see link below)

http://www.legis.state.wi.us/rsb/code/atcp/atcp134.pdf

"prohibiting firearms" is NOT one of the "prohibited provisions". in Wisconsin.

Other states DO prohibit a landlord from prohibiting firearms in their respective statutes that deal with "prohibited rental agreement provisions"

In Minnesota:

Minn. stat. sec. 624.714, subdivision 17.

(e) A landlord may not restrict the lawful carry or possession of firearms by tenants or their guests.


In Tennessee, the AG said that landlords MAY prohibit firearms:

http://www.tennessee.gov/attorneygeneral/op/2009/op/op09-170.pdf

I am not a lawyer, but my conclusion would be that states that wanted to protect a person from their landlord prohibiting firearms have written that specific language into their statutes. IT IS NOT part of Wisconsin statutes.
In its absence, I believe that it WOULD be within the right of a landlord to prohibit firearms (if they did so within the lease) If its not in the lease, then they cannot. (until your lease comes up for renewal, then they could add it)

I suppose one could ALWAYS TRY to sue in civil court for deprivation of rights or something, but in that case, you will be evicted first (for non-compliance with the lease) and THEN find yourself filing a civil suit (and paying an attorney $$$) to claim violation of your rights? All over leased space?

Leased space is like a crazy ex-girlfriend. You could beg her to stay but WHY would you want to? Walk away man!

Why give a freedom ignoring landlord your business?

READ THE LEASE BEFORE YOU SIGN IT. If it prohibits firearms, walk away. If you haven't noticed, there is plenty of leased space to pick from. Find a place down the street who doesn't have firearms prohibitions written in the lease will take you.

If you have already signed a lease that had firearms prohibitions, plan to move as soon as your lease is up.

You are of course welcome to spend your hard earned money filing a civil suit that you may or may not win, but is that worth it when you can just move?

In this case, just like a store that prohibits firearms, rather than try to leverage the court system to force your will on another persons private property, just shop elsewhere. (or boycott or whatever you want to do)
 
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