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Thread: What is your take on this rule ? Apartment open carry community rule.

  1. #1
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    What is your take on this rule ? Apartment open carry community rule.

    Hi there i have just started to open carry and have a small question. I live in an apartment and in the community rules of the lease it states. "firearms of any kind will not be permitted outside the apartment (including B-B guns,air rifles,paint guns, etc..

    My apartment manager saw that i was open carrying and asked me into the office where she stated to me that it was not ok to walk thru the apartment building with a gun unless i was directly leaving the building and that i am not allowed to open carry in the building even tho i live in the apartment building. I was on my way out of the building when she flaged me down but i had went to my mailbox to check my mail prior to leaving.

    So here is my questions.

    1.Can she enforce this policy ?

    2. Was it within my rights to open carry out of the building ?

    If you have any other questions or comments please let me know thanks

  2. #2
    Anti-Saldana Freedom Fighter Venator's Avatar
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    Quote Originally Posted by rebelspy View Post
    Hi there i have just started to open carry and have a small question. I live in an apartment and in the community rules of the lease it states. "firearms of any kind will not be permitted outside the apartment (including B-B guns,air rifles,paint guns, etc..

    My apartment manager saw that i was open carrying and asked me into the office where she stated to me that it was not ok to walk thru the apartment building with a gun unless i was directly leaving the building and that i am not allowed to open carry in the building even tho i live in the apartment building. I was on my way out of the building when she flaged me down but i had went to my mailbox to check my mail prior to leaving.

    So here is my questions.

    1.Can she enforce this policy ?

    2. Was it within my rights to open carry out of the building ?

    If you have any other questions or comments please let me know thanks
    What does your lease say? Private property can ban firearms. Always read leases. If it's not in the lease then I think your argument would be stronger. But as it's private property they make the rules. If you don't like it you have the right to move, but keep in mind your lease and if you break it you have to pay the remaining rent.

    Now if it's government housing then there is some court cases that have found they can not ban firearms.
    An Amazon best seller "MY PARENTS OPEN CARRY" http://www.myparentsopencarry.com/

    *The information contained above is not meant to be legal advice, but is solely intended as a starting point for further research. These are my opinions, if you have further questions it is advisable to seek out an attorney that is well versed in firearm law.

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    Quote Originally Posted by Venator View Post
    What does your lease say? Private property can ban firearms. Always read leases. If it's not in the lease then I think your argument would be stronger. But as it's private property they make the rules. If you don't like it you have the right to move, but keep in mind your lease and if you break it you have to pay the remaining rent.

    Now if it's government housing then there is some court cases that have found they can not ban firearms.
    Hello and thanks for your fast response. I live in a HUD approved building.

    edit. it is not in the hud part of the lease but it is in the community part of it.
    Last edited by rebelspy; 11-07-2011 at 02:56 PM.

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    Wouldn't they have to, being HUD, remain in compliance with state law, and be forced to honor his rights and respect his health and safety?

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    Anti-Saldana Freedom Fighter Venator's Avatar
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    Quote Originally Posted by rebelspy View Post
    Hello and thanks for your fast response. I live in a HUD approved building.

    edit. it is not in the hud part of the lease but it is in the community part of it.
    I don't know what HUD aprroved means. Does the Federal Government own the apartments? Is is rent subsidized? If it is, then you could challenge the rule and us some of the court decisions. A place start below. Also keep in mind the two SCOTUS decisions of Heller vs DC and McDonald vs Chicago.

    1995 Maine
    Poor citizens singled out for gun ban in Maine.
    Portland, ME gun ban in public housing struck down on April 5,1995.

    The National Rifle Association notched a victory in the January settlement of a lawsuit against a San Francisco Housing Authority, under which the agency will no longer enforce a 2005 rule that prohibited the otherwise legal possession of guns and ammunition in public housing units.
    http://www.nraila.org/Legislation/Fe...d.aspx?id=4305
    Last edited by Venator; 11-07-2011 at 04:14 PM.
    An Amazon best seller "MY PARENTS OPEN CARRY" http://www.myparentsopencarry.com/

    *The information contained above is not meant to be legal advice, but is solely intended as a starting point for further research. These are my opinions, if you have further questions it is advisable to seek out an attorney that is well versed in firearm law.

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    Hud approved means the government subsidizes the rent for low income families.

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    Anti-Saldana Freedom Fighter Venator's Avatar
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    Quote Originally Posted by jm62383 View Post
    Hud approved means the government subsidizes the rent for low income families.
    So it's privately owned?
    An Amazon best seller "MY PARENTS OPEN CARRY" http://www.myparentsopencarry.com/

    *The information contained above is not meant to be legal advice, but is solely intended as a starting point for further research. These are my opinions, if you have further questions it is advisable to seek out an attorney that is well versed in firearm law.

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    A lease is a contract, and apartments are typically private property, so if wording to the effect of "no guns" is in the lease that you signed, you are bound by it. If they tried to add the condition ex post facto, they can't violate the lease and evict you. If the apartments are govenrment owned, it's a different story.

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    Quote Originally Posted by kubel View Post
    A lease is a contract, and apartments are typically private property, so if wording to the effect of "no guns" is in the lease that you signed, you are bound by it. If they tried to add the condition ex post facto, they can't violate the lease and evict you. If the apartments are govenrment owned, it's a different story.
    I will add that just because it's not in the lease and they may not be able to ban a firearm in your apartment, then can enact any lawful rule in common areas. So it they say no firearms the halls, parking lots, etc. they can. They can also ban OC.
    An Amazon best seller "MY PARENTS OPEN CARRY" http://www.myparentsopencarry.com/

    *The information contained above is not meant to be legal advice, but is solely intended as a starting point for further research. These are my opinions, if you have further questions it is advisable to seek out an attorney that is well versed in firearm law.

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    Quote Originally Posted by Venator View Post
    I will add that just because it's not in the lease and they may not be able to ban a firearm in your apartment, then can enact any lawful rule in common areas. So it they say no firearms the halls, parking lots, etc. they can. They can also ban OC.
    I agree. I know that this is Michigan, not Wisconsin, but the notion of private property being similar, Wisconsin put posting requirements for just such a situation in their new concealed-carry law. I'm not advocating that signs go up here, rather that there generally is a distinction in the law regarding one's leased property and the common areas to which it is attached. I would think that such a prohibition would be legal, no matter how idiotic such a rule is.
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