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Thread: So I live in a anti 2nd ammend. apt....

  1. #1
    Regular Member elixin77's Avatar
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    I've been living at a student apartment complex since January called The Bellamy in Greenville. It's nice, because it's all inclusive, has a pool, and is on the bus route to school. I subleased from someone, and it ends mid July.

    I was working yesterday, and get a call from the apartment manager, saying that maintenance entered my place yesterday for inspections (move out stuff), and found guns in my room. Needless to say, I didn't know about it because I wasn't shown the actual lease agreement (doesn't excuse the fact that I should I have looked at the lease regardless, but when 95% of the other apartments in Greenville don't mention guns, I assumed they would allow them; and the statement was in fine print).

    I went and talked with the apt manager, and she spouted the same old hoplo BS that everyone does - we do it for the safety of the people living here, we have peace officers that live here, we don't want someone to break into your apt and have a gun at their disposal.... I figure if they break into my apt, theres high money stuff that they will pay more attention to then my guns (computer, every apt has a 32" tv....). It's ridiculous. I recorded the whole conversation, but theres nothing of value in it, apart from her saying over and over again how much she cares about the residence.

    I have removed the rifles from my apt, and they are with a close friend whom I trust. The pistol will be staying with me, but will be buried to the point of that if they do find it, there will be a serious privacy law suit against them. I do not wish to cause waves while I'm living here, but on move out, I will drop a nice letter off to the apt manager explaining my views on her stance, and that I will inform everyone I know not to live at the apt complex because of their rules.

    I have a new apt almost lined up, and they are clear in their firearms rules - just don't leave it on the counter for all to see if maintenance comes in, and don't brandish. Seems simple enough to me, and something I don't mind following.

    Anyways, just thought I'd share. Any other suggestions I should put in the letter to the apt manager would be helpful. Stay safe!
    Taurus PT1911 .45 ACP. Carried in condition 1, with a total of 25 rounds.

    Vice President of Students for Concealed Carry on Campus, ECU Chapter

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    I would have relooked at my contract just to make sure. Then ask her to show me were it said no guns. If nothing was found tell her to pound sand and look for anther place cause you know they will add that to the contract next time.

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    Regular Member Dreamer's Avatar
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    Sounds like it might be time for an OC cookout at "elixin77's" place...

    Or an OC "moving party" when you finally move out...:celebrate:celebrate

    Yeah, there are some DISTINCT possibilities in this situation...
    It is our cause to dispel the foggy thinking which avoids hard decisions in the delusion that a world of conflict will somehow mysteriously resolve itself into a world of harmony, if we just don't rock the boat or irritate the forces of aggression—and this is hogwash."
    --Barry Goldwater, 1964

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    that would be one of the most well protected cookout/moving parties ever...

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    Regular Member elixin77's Avatar
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    Hunter - I got a copy of the lease, and it does say explicitly "no firearms" under the Rules and Regulations section of the lease. On a quick skim, you wouldn't notice this.

    As for the OC move out/grill, fine by me, lets do it! :celebrate
    Taurus PT1911 .45 ACP. Carried in condition 1, with a total of 25 rounds.

    Vice President of Students for Concealed Carry on Campus, ECU Chapter

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    If you have a good lawyer, you could always sue them for a civil rights violation.

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    When you need to hide it, place the handgun in ..

    A- locked safe, you can get one that does not scream gun.
    B- Flat rate shipping box from the USPS. Just tape it up when you leave. It's cheap and a federal offense to tamper with it.

    And move ASAP.

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    Regular Member elixin77's Avatar
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    mekender wrote:
    If you have a good lawyer, you could always sue them for a civil rights violation.
    Unless they work pro brono, then thats not happening, haha.
    Taurus PT1911 .45 ACP. Carried in condition 1, with a total of 25 rounds.

    Vice President of Students for Concealed Carry on Campus, ECU Chapter

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    elixin77 wrote:
    I have a new apt almost lined up, and they are clear in their firearms rules - just don't leave it on the counter for all to see if maintenance comes in,...


    Sorry to hear your predicament. Since it's a student type place they're probably extra anal about guns. We all know there's never been a need for self defense at a school.




    Flat rate shipping box from the USPS. Just tape it up when you leave. It's cheap and a federal offense to tamper with it.
    AND THEY ARE FREE!


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    We could all pretend we are looking to rent, then read the BS and tell them to pound sand, you will look elsware. At different times ofcourse.

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    Regular Member TheFreeman's Avatar
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    I like dreamer's idea. That is the way to go. :celebrate

    Then maybe they'll sit back and go: "Aw gee, there was about 20 people here with guns and no one got shot, robbed, or raped... maybe we need to re evaluate the rules."

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    Regular Member Dreamer's Avatar
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    elixin77 wrote
    As for the OC move out/grill, fine by me, lets do it! :celebrate
    Let us know the date and time. I'll try and help out with the move, if I can...
    It is our cause to dispel the foggy thinking which avoids hard decisions in the delusion that a world of conflict will somehow mysteriously resolve itself into a world of harmony, if we just don't rock the boat or irritate the forces of aggression—and this is hogwash."
    --Barry Goldwater, 1964

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    Regular Member We-the-People's Avatar
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    You need to check your states "renters rights" laws. They may very well be prohibited from having such conditions on your home. It may be private property but once they lease it to you, in most states, you have the same rights as any homeowner (often more) so long as you maintain the lease.
    "The Second Amendment speaks nothing to an unfettered Right". (Post # 100)
    "Restrictions are not infringements. Bans are infringements.--if it reaches beyond Reasonable bans". (Post # 103)
    Beretta92FSLady
    http://forum.opencarry.org/forums/sh...ons-Bill/page5

    Disclaimer: I am not a lawyer, nothing in any of my posts should be considered legal advice. If you need legal advice, consult a reputable attorney, not an internet forum.

  14. #14
    Regular Member elixin77's Avatar
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    We-the-People wrote:
    You need to check your states "renters rights" laws. They may very well be prohibited from having such conditions on your home. It may be private property but once they lease it to you, in most states, you have the same rights as any homeowner (often more) so long as you maintain the lease.
    I'll have to ask my student legal services on campus, see what they say about that. Didn't think about that.

    Let us know the date and time. I'll try and help out with the move, if I can...
    I'll keep in touch. 95% of my stuff is going to storage for a month, but having a few extra hands to help make the move with fewer trips is always nice. What I might do, is since most of my stuff is going to storage for a month, is call for help when I go from the storage to my new apt. We'll see. I still have to figure everything out first.
    Taurus PT1911 .45 ACP. Carried in condition 1, with a total of 25 rounds.

    Vice President of Students for Concealed Carry on Campus, ECU Chapter

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    Regular Member Dreamer's Avatar
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    I think that in NC, a landlord may legally prohibit firearms. I know for a fact that many "vacation rentals" have firearms prohibitions in their rental contracts.

    Perhaps the law is different for long-term residential rentals than for short-term "vacation rentals", but I can't find anything that prohibits a landlord from restricting tenants from possessing firearms on his property in NC...

    All that said, it would be VERY difficult for a landlord to enforce a firearms restriction on visitors who were NOT tenants, other than asking them to leave the property under threat of a trespass violation.
    It is our cause to dispel the foggy thinking which avoids hard decisions in the delusion that a world of conflict will somehow mysteriously resolve itself into a world of harmony, if we just don't rock the boat or irritate the forces of aggression—and this is hogwash."
    --Barry Goldwater, 1964

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    Regular Member We-the-People's Avatar
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    If you talk to legal services try to get an answer BEFORE they know it's firearms. I'm a student myself and anytime you mention firearms and the LAW they suddenly forget all about what the LAW is and start handing out "opinions".
    "The Second Amendment speaks nothing to an unfettered Right". (Post # 100)
    "Restrictions are not infringements. Bans are infringements.--if it reaches beyond Reasonable bans". (Post # 103)
    Beretta92FSLady
    http://forum.opencarry.org/forums/sh...ons-Bill/page5

    Disclaimer: I am not a lawyer, nothing in any of my posts should be considered legal advice. If you need legal advice, consult a reputable attorney, not an internet forum.

  17. #17
    Regular Member We-the-People's Avatar
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    I'll bet you won't find anything that prohibits a landlord from prohibiting someone from working night shift while leasing their apartment either. Or any of a myriad other possibilities that wouldn't fly.

    I'm a landlord myself (yeah I'm an "older" student) and I can't even imaine getting away with prohibiting firearms possession, on a rental property. Dishcarge, illegal possession, etc., sure, but not merely lawful possession. If they could do that they'd also be able to prohibit other lawful tools such as cell phones, etc.

    If they are able to do this, I think my next rental contract revision will have to contain a few new provisions.

    1)No hybrid or all electric vehicles allowed on the property due to safety concerns of the toxic metals in their batteries.

    2) Any tennant whomaintains a self defense firearm in the unitwill receive a $50/month discount on their rent so long as they maintain such a capability. (gee that would equal $600 a year and basically give you a free firearm)
    "The Second Amendment speaks nothing to an unfettered Right". (Post # 100)
    "Restrictions are not infringements. Bans are infringements.--if it reaches beyond Reasonable bans". (Post # 103)
    Beretta92FSLady
    http://forum.opencarry.org/forums/sh...ons-Bill/page5

    Disclaimer: I am not a lawyer, nothing in any of my posts should be considered legal advice. If you need legal advice, consult a reputable attorney, not an internet forum.

  18. #18
    Regular Member Dreamer's Avatar
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    We-The-People,

    Gee I wish there were a LOT more landlords like you! :celebrate
    It is our cause to dispel the foggy thinking which avoids hard decisions in the delusion that a world of conflict will somehow mysteriously resolve itself into a world of harmony, if we just don't rock the boat or irritate the forces of aggression—and this is hogwash."
    --Barry Goldwater, 1964

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    We should all go into the office of the complex and ask about renting an apartment while open carrying.

    Imagine if 2 or more people per day showed up over a period of 2 or 3 weeks... their heads would explode.

  20. #20
    Regular Member We-the-People's Avatar
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    Dreamer wrote:
    We-The-People,

    Gee I wish there were a LOT more landlords like you! :celebrate
    Well I am trying to get more rentals. Probably not going to be expanding into NC though. My wife is lobbying for Arizona and their recent Consitutional Carry and immigration laws are really hard to say no to.

    You are however talking with a Community College student who OC's an empty holster every day to school and refuses to tell them where the gun is. And is also working on an official complaint because state law prohibits public entities from regulating firearms (and allows carry on campus). My first quarter I had speech class....you'll NEVER guess what the subject of all my speeches was.....hehehehehe
    "The Second Amendment speaks nothing to an unfettered Right". (Post # 100)
    "Restrictions are not infringements. Bans are infringements.--if it reaches beyond Reasonable bans". (Post # 103)
    Beretta92FSLady
    http://forum.opencarry.org/forums/sh...ons-Bill/page5

    Disclaimer: I am not a lawyer, nothing in any of my posts should be considered legal advice. If you need legal advice, consult a reputable attorney, not an internet forum.

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    Regular Member elixin77's Avatar
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    We-the-People wrote:

    You are however talking with a Community College student who OC's an empty holster every day to school and refuses to tell them where the gun is.
    Would be nice if the school Dreamer and I go to would let us do that without, in essence, getting expelled....

    I sent an email to legal services, I'll let you guys know what they say.
    Taurus PT1911 .45 ACP. Carried in condition 1, with a total of 25 rounds.

    Vice President of Students for Concealed Carry on Campus, ECU Chapter

  22. #22
    Regular Member elixin77's Avatar
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    This is the response I got from Student Legal Services:

    Hi,*****

    ******* here, the attorney.

    An apartment owner can have pretty much whatever restrictions they wish as long as they are in the lease, if you have signed the lease then you are bound by the rules. If they prohibit something being brought in then you must abide by that, again, if contained in the lease.

    If you would like to meet and have me review your lease I would be happy to do so

    ******

    Pretty cut and dry if you ask me.

    I'm going to start writing a letter to the management of the apartment complex, and then i'll post it here for you guys to read.
    ]

    Taurus PT1911 .45 ACP. Carried in condition 1, with a total of 25 rounds.

    Vice President of Students for Concealed Carry on Campus, ECU Chapter

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    Is the Prohibition of Firearms contained in the Lease..., if not..., then, there is no Prohibition.

    I would contact The North Carolina General Assembly to ask them to write a Law barring The Apartment Complex from Incorporatingany such Restriction.

    Either way..., personnally, I do not agree with the ability of a Apartment Complex to make any Restriction.

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    Is the Prohibition of Firearms contained in the Lease..., if not..., then, there is no Prohibition.

    I would contact The North Carolina General Assembly to ask them to write a Law barring The Apartment Complex from Incorporatingany such Restriction.

    Either way..., personnally, I do not agree with the ability of a Apartment Complex to make any Restriction.

  25. #25
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    Is the Prohibition of Firearms contained in the Lease..., if not..., then, there is no Prohibition.

    I would contact The North Carolina General Assembly to ask them to write a Law barring The Apartment Complex from Incorporatingany such Restriction.

    Either way..., personnally, I do not agree with the ability of a Apartment Complex to make any Restriction.

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