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Firearms and Apartments

Discussion in 'Legal & Political Archive' started by sig40shooter, Jun 25, 2011.

  1. sig40shooter

    sig40shooter Tahuya WA Member

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    So here is a question to all the folks here at NWFA. A friend of mine told me the other day that the apartment complex he lives in does not allow any firearms at the complex period. Is this the right of the complex? I can understand not allowing firearms in the common areas but restricting your right to bear arms in your personal residence? That seems a little much. Just curious if anyone has experience with this or knows the rights of apartment complexes. Also what about CCW? Is a holder of a CPL also restricted from concealed carry on these premises? By the way, this is in Washington State. I look forward to your input. Thank you.

    Dennis
     
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  2. Nwcid

    Nwcid Yakima and N of Spokane Well-Known Member

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    I assume it is private property. Private property owners can make any rules they choose about what they will and wont allow. It is their right to do so just as it is your right to choose what happens on your private property.

    I assume your friend signed some kind of lease or rental agreement. If that was on the agreement (I am pretty sure it would have to be legal or you can just say you didn't know) then your friend agreed to those terms.


    .

    EDIT:
    I guess I phrased that bad. Yes once you sign a lease that place is your house. I was talking about firearms on the grounds. I have never been in a position to need to know about that kind of stuff.
     
  3. dude young

    dude young SE PDX Active Member

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    I'd find another place to live. And, quick!
     
  4. ejmpnu92

    ejmpnu92 Hillsboro, Or Active Member

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    When I signed my apartment complex agreement, the only place that was firearms off limits was the club house. I had to sign a paper stating I understood this. Have carried there, but concealed. But to pay the rent, they have a drop box, so I don't have to enter the club house anyway.
     
  5. One-Eyed Ross

    One-Eyed Ross Winlock, WA Well-Known Member

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    I am not an attorney and I slept in my own bed last night...

    But now that the Supremes have decided that the 2nd Amendment is a "fundamental human right" and all that, wouldn't property owners that don't allow firearms be in violation of the Fair Housing Act?
     
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  6. Unicorn

    Unicorn Seatac, WA Member

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    I agree that apartment owners should have the right to restrict firearms. And any race, creed, religion, sex, sexual orientation, age, etcetera. Just like we have the right to find someplace that isn't so stupid.
    BUT since we have laws in place to sort kinda, force mostly equal rights to everyone, then all rights should be protected not pick and choose.
     
  7. deadeye

    deadeye Albany,OR. Moderator Staff Member

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    As long as you are paying rent the property is your private property not theirs. The common areas would be off limits maybe if it was stated on the rental agreement when signed.
     
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  8. joeroket

    joeroket Everett,Wa. Active Member

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    San Francisco housing authority tried this and lost. They passed a rule that banned firearms in all public housing. It was taken to court and decided to be unconstitutional. Now someone exercising their 2nd amendment rights are not in a protected class and thus it is allowed to be infringed by private parties. Until it is deemed to be discrimination to prevent a person from entering private property it will happen with no recourse available.

    I don't believe they can restrict firearms inside the rented residence, but Heller dealt with a municipality and not private party, and going to and from a vehicle but they certainly can in any and all common areas of the property.
     
  9. lowly monk

    lowly monk Beaverton, Oregon. Just a guy. Bronze Supporter

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    I am in property management. Our contracts state; No firearms in common areas. The residents can have them in there apartments. We dont cover concealed. There is a newspaper called "The landloard times metro" It covers Oregon and Washington. I will look into this in depth. Thank you Sig. There site is www.thelandloardtimes.com
    Now as far as me as an employee? I will check cause the rules are different. I also wont draw any attention to the matter. Better to keep low. Although some of the residents have seen me with lots of firepower to and from my vechile on outings.
     
  10. sig40shooter

    sig40shooter Tahuya WA Member

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    Thank you all for the great info. I look forward to hearing more.
     
  11. samuelm16

    samuelm16 se pdx Well-Known Member

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    living in apts suck i try to keep as low key as i can quickly to the vehicle hiding the long scary things the best i can in cases under blankets and things like that, couple years ago dropped a deer off at gartners and still had the head in the back of the truck to dispose of, id love to see the look on the bumbs face that picks the lock on my compactor and goes rummaging when he opened up that paper bag lol
     
  12. CharlesAFerg

    CharlesAFerg Beaverton Active Member

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    It took me forever to read that, and I still don't quite understand..
     
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  13. samuelm16

    samuelm16 se pdx Well-Known Member

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    why?because i didnt use periods or commas? haha break it down for you,i dont like people that live in my apt complex knowing i have guns and freaking out if they see me walking to my truck with them,even though they are allowed, second part was me blabbering to myself about a deer head in the trash compactor
     
  14. mjbskwim

    mjbskwim Salmon,Idaho Well-Known Member

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    Unless you signed the lease and it stated you cannot have guns on their property.Because before you signed the rental/lease agreement,it wasn't your property.

    The SF housing authority would be public and may have had more hoops to jump through.If it's private property they can tell you what they restrict.
    You are not a different class or people because you own a gun,so the equal right thing won't work.
    Don't hold your breath on hoping the PC people will ever take your side as a gun owner.

    If I saw the restriction on the lease,I would have walked.I don't like to have guns in an apartment,simply because it's too much trouble trying to hide that you do have them.Theft being my only fear.There is always a mook or a girl with a mook BF around an apartment complex
     
  15. Gunner3456

    Gunner3456 Salem Well-Known Member

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    Any private contract which violates established law (law being settled court cases, legislative law (statutes) or the constitution) is void. Not voidable, but void.

    There are so many settled court cases that say that your home is your home even if you rent it (including a motor home you own or rent but is your temporary home while you use it) that I wouldn't worry about it.

    Besides, the agreement is a civil contract. The police won't help enforce it. The absolute very worst thing that could happen is that you could get evicted, and then it would be up to you as to whether to go to court to get the clause declared void.

    Personally, I'd have my guns because they can't do a search much less a seizure of my home. I'd also be looking to move.
     
  16. sig40shooter

    sig40shooter Tahuya WA Member

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    Now lets say I want to go visit my friend in his (less than favorable) apt complex. It is not in a part of town that I am very comfortable walking around in. Thats ok if I am by my self but with my wife and kid with me I will definatly be (using my CPL) if you know what I mean. So do they expect me to leave my pistol at the edge of their property line? Give it to the front desk for safe keeping? Leave it in my car? I sure as (H E double hockey stick) aint doin any of those!!! I would think that just keeping it low key and out of sight is adequit. I do still want to respect their rights however I WILL do what is necessary to protect my family.
     
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  17. mcathcart

    mcathcart Beaverton, Oregon Active Member

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    so this place wont rent to LEO's?
     
  18. darkminstrel

    darkminstrel PDX Well-Known Member

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    This is exactly what I was thinking. You can't be forced to sign away your rights...ever. Sign the rental agreement and then give them the finger.
     
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  19. Redcap

    Redcap Lewis County, WA Well-Known Member

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    Doesn't work that way.
     
  20. greydog111

    greydog111 peoples repubilik of Oregon Active Member

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    signing a lease makes the apartment your de facto domicile and is subject to the same search and siezure laws as a private home. The appt managment has no right to dictate your behavior behind your locked doors. No lease agreement can abrogate your constitutional rights. Greydog.