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Thread: Can an apartment complex ban OC?

  1. #1
    Regular Member DTOMSD's Avatar
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    Question Can an apartment complex ban OC?

    If the manager/owner of an apartment complex told you they didn't allow open carry how would that work legally considering both the resident & the owner have various levels of private property rights...?

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    Anti-Saldana Freedom Fighter bigtoe416's Avatar
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    You can carry in your apartment. If the owner of the apartment complex says that open carry isn't allowed on the apartment property, then he can probably trespass you for doing it. Except it would seem that he'd be trespassing you to remove you to public property or to your apartment. So while an apartment complex can probably ban OC, enforcing it would probably be difficult providing that you were going to or coming from your apartment and not just standing around.

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    Regular Member protect our rights's Avatar
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    Quote Originally Posted by bigtoe416 View Post
    You can carry in your apartment. If the owner of the apartment complex says that open carry isn't allowed on the apartment property, then he can probably trespass you for doing it. Except it would seem that he'd be trespassing you to remove you to public property or to your apartment. So while an apartment complex can probably ban OC, enforcing it would probably be difficult providing that you were going to or coming from your apartment and not just standing around.
    Not too sure but would be curious to see some legal information on the matter since I have friends that have asked the same question.
    "Firearms stand next in importance to the Constitution itself. They are the American people's liberty teeth and keystone under independence ... From the hour the Pilgrims landed, to the present day, events, occurrences, and tendencies prove that to insure peace, security and happiness, the rifle and pistol are equally indispensable . . . The very atmosphere of firearms everywhere restrains evil interference - they deserve a place of honor with all that is good" - George Washington

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    It would seem to me that they could ban it on their private property (the common areas) but to ban it anywhere else would require an eviction.

    Remember they don't rent you anything other than your apt (maybe garage/car port) but not any other place on their property so it still remains their property...
    "And shepherds we shall be, for Thee, my Lord, for Thee.
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    "If the rest of the world says: 'War,' I can only say: 'Very well. I do not want war, but no one, however peaceable, can live in peace if his neighbor intends to force a quarrel.'" - Adolf Hitler...

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    Anti-Saldana Freedom Fighter bigtoe416's Avatar
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    Quote Originally Posted by devildoc5 View Post
    Remember they don't rent you anything other than your apt (maybe garage/car port) but not any other place on their property so it still remains their property...
    Right, but they couldn't rent you the apartment and prevent you from coming and going. I'd research trespassing law if I wanted to know more about the subject.

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    But as far as the legal system is concerned they wouldn't be preventing you from access just placing restrictions on what you can do on their property.

    Or am I mistaken?
    "And shepherds we shall be, for Thee, my Lord, for Thee.
    Power hath descended forth from Thy hand, that our feet may swiftly carry out Thy command.
    So we shall flow a river forth to Thee and teeming with souls shall it ever be.
    E nomine Patri, et Filii, et Spiritus Sancti."


    "If the rest of the world says: 'War,' I can only say: 'Very well. I do not want war, but no one, however peaceable, can live in peace if his neighbor intends to force a quarrel.'" - Adolf Hitler...

  7. #7
    Moderator / Administrator Grapeshot's Avatar
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    This is a real estate law issue, not a 2nd Amend or RKBA issue.

    Read your lease terms, pay attention to the rules and regulations and how they may be amended and check to see if your state has a Tenant Landlord Act.

    Just because someone says something doesn't change a thing.
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    Old and treacherous will beat young and skilled every time. Yata hey.

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    I’d say yes, they could prohibit you from open carrying throughout the common areas. However, what you do within your apartment is your business (within reason).

    You have a reasonable expectation of use and enjoyment of common areas, i.e., passage, use of community BBQ, laundry facilities, parking areas, etc. However, other tenants also have this same reasonable expectation of use and enjoyment.

    If by your open carrying causes others occupants fear and feel their right of enjoyment is diminished by your actions, the property owner could construe this as causing harm, i.e., other tenants threaten to move, repeated calls to law enforcement (man with a gun), discouraging prospective new tenants, etc. In short you could be severed with a notice to quit.

    The property owner could amend the contract addendum (Facility Rules) prohibiting said activity with a 30 day notice of change to the rules. If your on a month to month, I believe they could hand you a 30 day notice requesting you vacate…No cause needed other than they just don’t want to do business with you anymore.

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    Moderator / Administrator Grapeshot's Avatar
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    The property owner/mgt agent's recourse is civil not criminal. As such, they cannot "prevent" you from doing anything just because somebody doesn't like it. They can likely move to terminate the agreement.
    You will not rise to the occasion; you will fall back on your level of training.” Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

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    Regular Member demnogis's Avatar
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    As most complexes are private property they can prohibit certain activities on their property. However, it is something you would want to talk to a lawyer about for clear definition. Here's a few reasons why:

    1) *When a place becomes your residence, you in essence have almost the same level of rights as the property owner (for your unit). So long as you are not doing anything illegal (such as running a meth lab) they have no form of recourse to evict you; unless...

    2) *When signing an agreement to rent/lease someone Else's property, there are usually agreements. These are forms of behavior or conduct not allowed on their property. Read your rental/lease agreement. If there is nothing in there prohibiting such acts, you're A-OK.

    3) *Rental agreements are contracts and are binding, are not allowed to infringe upon your rights. While they can prohibit or limit activities in communal areas I believe most reference "in accordance with law" or some such terminology. For example: They may not require that you not have firearms. They may not require that you practice a certain religion, not speak of certain topics, etc. Such contracts that violate a person's rights make the contract null in those respects.

    * - I am not a lawyer, nor did I stay at a Holiday Inn Express this weekend. I am only going off of what friends (who were property managers) have told me. Above all, consult an attorney and read your agreement! Also note: You cannot be evicted if you have not done anything illegal at your residence or violated the rental agreement. They can however, choose not to renew your lease or agreement when the time comes...
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