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Landlords restricting firearms and weapons in apartments.

Grim_Night

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Aug 5, 2012
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776
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Pierce County, Washington
Starting a new thread here so that it can stay on topic...


Ok... I live in a very small studio apartment in a 12 unit apartment complex... I pay 30% of my income for the subsidized apartment and the funding for the subsidy comes from HUD/Section 8 funding. They tell me that I can't have firearms or weapons in my apartment... I now have my gun, I will soon have a CPL I hope and I am following the law... I understand that Washington has a "stand your ground" law... can landlords prohibit weapons and firearms in rental properties?
 
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hermannr

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Mar 24, 2011
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Okanogan Highland
Starting a new thread here so that it can stay on topic...


Ok... I live in a very small studio apartment... I pay 30% of my income for the subsidised apartment. They tell me that I can't have firearms or weapons in my apartment... I now have my gun, I will soon have a CPL I hope and I am following the law... I understand that Washington has a "stand your ground" law... can landlords prohibit weapons and firearms in rental properties?

Landlord cannot restrict your personal firearms in your rented appartment, or how you move those firearms from your car to your apartment and back. Read Heller, US Supreme Court decision.
 

DamonK

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Mar 23, 2012
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585
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Ft. Lewis, WA
Starting a new thread here so that it can stay on topic...


Ok... I live in a very small studio apartment in a 12 unit apartment complex... I pay 30% of my income for the subsidized apartment and the funding for the subsidy comes from HUD/Section 8 funding. They tell me that I can't have firearms or weapons in my apartment... I now have my gun, I will soon have a CPL I hope and I am following the law... I understand that Washington has a "stand your ground" law... can landlords prohibit weapons and firearms in rental properties?

Careful, Washington is NOT a stand your ground state. We do have a twisted version of a castle doctrine, but it's pretty tricky. Your best bet may be to force the landlords to cite the laws that enable them to forbid your firearm. Then you have the advantage of being able to take that information and pick it apart at your convenience. Make sure that you keep a cool head and friendly attitude(hard as it may be) while you're doing it. And Good Luck to you.

Sent from my DROID4 using Tapatalk 2
 

Grim_Night

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Aug 5, 2012
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Pierce County, Washington
Careful, Washington is NOT a stand your ground state. We do have a twisted version of a castle doctrine, but it's pretty tricky. Your best bet may be to force the landlords to cite the laws that enable them to forbid your firearm. Then you have the advantage of being able to take that information and pick it apart at your convenience. Make sure that you keep a cool head and friendly attitude(hard as it may be) while you're doing it. And Good Luck to you.

Sent from my DROID4 using Tapatalk 2

RCW 9A.16.050
(1) In the lawful defense of the slayer, or his or her husband, wife, parent, child, brother, or sister, or of any other person in his or her presence or company, when there is reasonable ground to apprehend a design on the part of the person slain to commit a felony or to do some great personal injury to the slayer or to any such person, and there is imminent danger of such design being accomplished; or

(2) In the actual resistance of an attempt to commit a felony upon the slayer, in his or her presence, or upon or in a dwelling, or other place of abode, in which he or she is.

I'm pretty sure that right there gives me undeniable right to posess any deadly weapon in my home... and I think that might be flat out reason to tell the people in charge to go pound sand.

Will add more later...
 
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deanf

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Wasn't a case about this very thing heard by a federal court very recently? I seem to remember that the government won: they can restrict firearms possession in government housing. Sorry I can't remember any other details.
 

EMNofSeattle

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S. Kitsap, Washington state
Wasn't a case about this very thing heard by a federal court very recently? I seem to remember that the government won: they can restrict firearms possession in government housing. Sorry I can't remember any other details.

http://www.usatoday.com/news/nation/story/2012-08-01/gun-restrictions-wilmington/56644990/1

A case in delaware, a federal court ruled open carry restrictions in common areas of an public housing block are constitutional. the suit was over carry in common areas, not possession or carry inside their unit.
 

BigDave

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Nov 22, 2006
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Yakima, Washington, USA
Starting a new thread here so that it can stay on topic...


Ok... I live in a very small studio apartment in a 12 unit apartment complex... I pay 30% of my income for the subsidized apartment and the funding for the subsidy comes from HUD/Section 8 funding. They tell me that I can't have firearms or weapons in my apartment... I now have my gun, I will soon have a CPL I hope and I am following the law... I understand that Washington has a "stand your ground" law... can landlords prohibit weapons and firearms in rental properties?

Who owns the apartments? Private or apart of low income housing owned by a governmental agency?
I would not recommend pushing any limit until you find out more information and jeopardizing your housing and as soon as you have your CPL cover up for the time being.
 

Grim_Night

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776
Location
Pierce County, Washington
Wasn't a case about this very thing heard by a federal court very recently? I seem to remember that the government won: they can restrict firearms possession in government housing. Sorry I can't remember any other details.

It's not government housing, the property is privately owned by MDC and funded by HUD/Section 8. HUD gives funds to organizations such as the pierce county housing athority or the tacoma housing athority, they in turn give vouchers to qualified people to go and get a home of their choice that accepts said voucher. Also, HUD also gives money to property owners for apartment complexes and such directly so that they can issue the subsizised apartments as they so choose. So it's government funded but not government owned.
 

Schlepnier

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May 12, 2011
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Yelm, Washington USA
Careful, Washington is NOT a stand your ground state.
Thats not exactly true, we have no stand your ground law passed by the state legislature, we do however have a ruling by the state supreme court that effectively determines WA to be a stand your ground state because of the wording of article 1 section 24 of the state constitution.
 

LkWd_Don

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Mar 26, 2012
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Dolan Springs, AZ

The key statement that came out of that article is:
Jacqueline Otto said the important thing is that the right of residents of public housing to have a gun was upheld.

I saw the post by NavyLCDR where he say's you should read the contract you signed.

If you find there is a restriction, you may wish to review the Landlord/Tenant Laws I mentioned in the other thread http://forum.opencarry.org/forums/s...nd-OC-Report&p=1825278&viewfull=1#post1825278

Duties of tenant.
http://apps.leg.wa.gov/RCW/default.aspx?cite=59.18.130
Each tenant shall pay the rental amount at such times and in such amounts as provided for in the rental agreement or as otherwise provided by law and comply with all obligations imposed upon tenants by applicable provisions of all municipal, county, and state codes, statutes, ordinances, and regulations, and in addition shall:
(8) Not engage in any activity at the rental premises that is:

(a) Imminently hazardous to the physical safety of other persons on the premises; and

(b)(i) Entails physical assaults upon another person which result in an arrest; or

(ii) Entails the unlawful use of a firearm or other deadly weapon as defined in RCW 9A.04.110 which results in an arrest, including threatening another tenant or the landlord with a firearm or other deadly weapon under RCW 59.18.352. Nothing in this subsection (8) shall authorize the termination of tenancy and eviction of the victim of a physical assault or the victim of the use or threatened use of a firearm or other deadly weapon;

Whether the Metropolitan Development Council (MDC) is trying to act like a Housing Authority or actually is should make little difference, the article first quoted in this post also states:
The original lawsuit was filed June 1, 2010. A few weeks later, a landmark U.S. Supreme Court ruling found that state and local governments couldn't impose blanket bans on gun ownership. Following that ruling, the housing authority dropped its blanket ban on firearms in September 2010 and instead adopted the restrictions on guns in common areas.
So, if they do have something in their contract restricting firearms and are or are simply acting like a Housing Authority, they could still be found in violation of the Landlord/Tenant Laws as well as your Washington and US Constitutional Rights. Making your's a difficult decision, accept that you signed it and hide your firearms till you can pull yourself out of that subsidized housing situation or Stand up for your rights and try to find an Attorney who will take your case pro bono. According to the Landlord/Tenant Laws, the Landlord can not legally terminate your lease unless you do something unlawfull with your firearms. However, that does not mean that they have to renew your lease when it expires and most of the subsidy programs I have seen require a new lease every year.
 

hermannr

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Mar 24, 2011
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Okanogan Highland
As to the language in the contract: It is very simple to cross out the offending part, initial and date, then have the landlord initial and date the cross out...any prohibition of any firearms IN YOUR ABODE is illegal. When you rent an appartment it become YOUR ABODE.

What I read from that post from the landlord tennent act the big word is "illegal". They cannot restrict your legal possession in your own home..don't give a Da&& if it is private property.
 

Grim_Night

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Pierce County, Washington
Ok, gonna give a little more detail but leave out certian pieces because it's not wise to post those specifics lol...


I live in pierce county. I was a client at Greater Lakes Mental Health in Lakewood. I was homeless many years ago and managed to secure an apartment owned by MDC. I pay my 30% income for rent to Greater Lakes and they in turn pay the full amount to MDC. Greater Lakes gets their funding from HUD. I have my lease, the lease is from MDC. I have read it and there is nothing at all in the lease about no weapons. Yet the people at Greater Lakes say that I can't have weapons. It's against their rules... I also can't have alcohol in my apartment either but that's a totally different matter. The lease is from MDC.

There is however a clause in my lease that states that after the 1 year lease term, my lease becomes a month to month and either party can then turminate the lease as long as there is a 20 day notice given. My concern is that they may be able to kick me out at any time for any reason without actually stating why even if I have been following the terms of my lease.


Edit: I just reread a portion of my lease in which it states
"Section 14. Actions by third parties/personal protection: Resident understands that owner and its legal representatives do not guarantee, warrent, or assure resident's personal security and are limited in their ability to provide protection. Resident acknowledges that security devices or measures may fail or be thwarted by criminals or by electrical or mechanical malfunction. Therefore, resident acknowledges that they should not rely upon the presence of such devices or measures and should protect themselves and their property as if these devices or measures did not exist."
 
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Mike

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May 13, 2006
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Fairfax County, Virginia, USA
Check your lease - unless the lease explicitly forbids the possession of firearms, landlords, i.e., title owners, cannot make up new restrictions re your use of the property - remember, a renter is essentially steps into the shoes of the owner during the period of the lease - a lot of people don;t under stand this. Further, even if you are violating some term of a lease, the title owner can only really enforce this thru eviction which they probably do not want to do to a paying tenant, nor is eviction of a paying tenant an easy task in many states.
 

Difdi

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Mar 2, 2010
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Seattle, Washington, USA
Even if the lease does forbid firearm ownership, it might not be enforceable. Even if it is, it might be possible to challenge it in court as unconscionable.

If you can be stripped of an unalienable right, then it's neither a right nor is it unalienable.
 

1911er

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Port Orchard Wa. /Granite Oklahoma
'I was a client at Greater Lakes Mental Health in Lakewood'

Ok, gonna give a little more detail but leave out certian pieces because it's not wise to post those specifics lol...


I live in pierce county. I was a client at Greater Lakes Mental Health in Lakewood. I was homeless many years ago and managed to secure an apartment owned by MDC. I pay my 30% income for rent to Greater Lakes and they in turn pay the full amount to MDC. Greater Lakes gets their funding from HUD. I have my lease, the lease is from MDC. I have read it and there is nothing at all in the lease about no weapons. Yet the people at Greater Lakes say that I can't have weapons. It's against their rules... I also can't have alcohol in my apartment either but that's a totally different matter. The lease is from MDC.

There is however a clause in my lease that states that after the 1 year lease term, my lease becomes a month to month and either party can then turminate the lease as long as there is a 20 day notice given. My concern is that they may be able to kick me out at any time for any reason without actually stating why even if I have been following the terms of my lease.


Edit: I just reread a portion of my lease in which it states

I am assuming you were there 'Greater lakes mental health' on your own accord and not serving a sentence. as if you were sentenced it would be almost impossible to get your ccw.
 

Grim_Night

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Pierce County, Washington
I am assuming you were there 'Greater lakes mental health' on your own accord and not serving a sentence. as if you were sentenced it would be almost impossible to get your ccw.

I was never committed voluntarily or involunterily... I was a voluntary client in need of some crisis management about 10 years ago... which is when I moved into my apartment... I am no longer a client and yet I'm still under their supervision... Greater Lakes is not a hospital or a mental institution if that's what you choose to call it. They provide individual counseling, psycho-educational groups, case management services as needed on a case by case basis. They provide services for adults and children alike.
 
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hermannr

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Mar 24, 2011
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You are a funny guy. First, it does not become YOUR abode until both you and I sign MY lease. You can line out and initial whatever you want to in MY lease and I can tell you, thank you, have a nice day, don't call me, I'll call you and lease MY property to someone else.

Navy, I stated you need the other party to initial and date also...however...

you seem to have missed, those that accept public housing money do not get to be so choosy as to who the reject as renters.
 
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