Firearms and Apartments

[Gunner3456]

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.

Correct. And, it matters not whether it is a "lease for time" or a month-to-month rental.

 

[ejmpnu92]

Rights and Duties of Tenants

Rights and Duties of Landlords

From the Oregon State Bar, interesting info.

 

[Gunner3456]

Rights and Duties of Tenants

Rights and Duties of Landlords

From the Oregon State Bar, interesting info.

"Your landlord may enter the property after advance notice in order to make inspections, make necessary repairs, supply necessary services, or to show the property to prospective buyers or work people. If reasonable, you may deny your landlord permission to enter; however, you must act reasonably. Just as the landlord cannot abuse the right of access to harass you or enter at unreasonable times, you cannot withhold your permission to enter to hinder or interfere with the landlord's exercise of his or her rights and responsibilities."

This gives the landlord a conditional right to inspect his property, not yours. He has no right to open doors or drawers of furnishings belonging to you, or to search your personal effects. He has to give "reasonable notice." He can't do it too often or it would be seen as harassment.

 

[ejmpnu92]

I know this is in Maine, but I believe Oregon has a very similar statue, need to go to the middle of the page for public housing:

Court Rulings on Firearms - State Laws - Weapons, Defense, Self, Constitution, Gun, and Indiana

 

[sprocket3]

It might be fine print in the Insurance Policy the owner has on the building (or just CYA by the owner) and you know what rolls down hill. If they say "no guns" the owner / insurance will be better off in court should an idiot put a round through the paper thin wall and kill another renter.

 

[sprocket3]

This gives the landlord a conditional right to inspect his property, not yours. He has no right to open doors or drawers of furnishings belonging to you, or to search your personal effects. He has to give "reasonable notice." He can't do it too often or it would be seen as harassment.

That's all 99.9% of them want to do. To make sure the renter doesn't have 50 cats or 200 pot plants in the place. That still leaves .01% chance of a panty sniffer though.

 

[sig40shooter]

So it sounds to me like a very grey area. You cannot have a firearm in your living room when the landlord comes in for a valid reason. You can have a firearm in your closet. You should have a firearm hidden from sight as you transport it from car to apartment. This sounds like a pain in the rear!!! Makes me glad I don't live in an apartment!

 

[elsullo]

Nah, it's not such a big deal. I have a long rectangular cardboard box into which I can slip all of my soft-cased long guns, and I use it to carry to and from my truck. My range bags just look like athletic bags, and I am careful to NOT use ammo cans for transport. Nobody has a clue that I own any guns or go shooting......................elsullo

So it sounds to me like a very grey area. You cannot have a firearm in your living room when the landlord comes in for a valid reason. You can have a firearm in your closet. You should have a firearm hidden from sight as you transport it from car to apartment. This sounds like a pain in the rear!!! Makes me glad I don't live in an apartment!

 

[hermannr]

To all of you renters:

remember, read your contract carefully before you sign it. If there is a clause in it that you do not like, strike it out. You do not HAVE TO agree to everything the lawyers wrote for your landlord. You can even write in your own stipulations and penalities (both copies, his and yours) if you want.

Put it up front...one line through the offending line(s) of the contract (both yours and his) then initial the strike out, and have your landlord initial the strike out. end of problem. The guy wants to be a butt head, there are thousands of open apartments, keep doing the same thing until you find someone that wants to deal. What you want him to do costs him nothing. An empty appartment can cost him considerable.

 

[Stomper]

Nah, it's not such a big deal. I have a long rectangular cardboard box into which I can slip all of my soft-cased long guns, and I use it to carry to and from my truck. My range bags just look like athletic bags, and I am careful to NOT use ammo cans for transport. Nobody has a clue that I own any guns or go shooting......................elsullo

This!!

Although I'm not an apartment dweller (and never will be), a guitar case (rectangular, or "acoustic curved") with "rock & roll" stickers plastered all over it makes for a FANTASTIC "undercover" gun case.

 

[Black Dog]

Each state has different laws. But most states have the 30 day notice. The 30 day notice can be used for any reason and the reason does not have to be giving. That is one of the reasons for first and last months rent to move in. If you don't move out in 30 days you will be taken to court and the Judge will tell you to be gone. If you don't like the contract don't move in. I know this for a fact in OREGON I am an EX APT. OWNER. Don't mean to sound like a butt, but that is the way it is.

 

[deen_ad]

This!!

Although I'm not an apartment dweller (and never will be), a guitar case (rectangular, or "acoustic curved") with "rock & roll" stickers plastered all over it makes for a FANTASTIC "undercover" gun case.

I carry my KelTec Su-16C (5.56 cal) and 2-30 rd mags in a tennis racquet case. No one has ever noticed that I don't play tennis.

 

[Sgt Nambu]

Aside from renters / property owners rights, I always twitched like a crack head coming down about just keeping a couple of handguns in my apt. I always came home expecting to find my door ajar! I hated apt. dwelling and I sympathize with your friend and anyone else who must live in them.

 

[Riot]

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.

But can't the apt manager cancel your lease based up you breaking the contractual agreement? I more see the "no firearms" rule in case someone caps off a round in the wall and shoots someone in the adjacent apartment to avoid any liability from negligence.

 

[Flyingswords]

I carry my KelTec Su-16C (5.56 cal) and 2-30 rd mags in a tennis racquet case. No one has ever noticed that I don't play tennis.

That reminds me of Antonio Banderas movies lol

 

[M67]

This happened to a guy i know that lives in an apartment in Oregon.

His lease agreement states no firearms allowed in the apartments, by tenants.

He had another tenant, come in without knocking, and threaten him. He pulled a handgun on him and the LEO's were called out. The Leo's said he was within his rights to protect himself in his home and they left.

Nothing happened to they guy i know and on top of that, instead of carrying concealed as he had done before hand, he started to open carry all the time, with no problems from the management so far and this was over 3 months ago.

 

[Cuthbert Allgood]

before moving into where i am currently living, i asked the apartment management about their policy concerning firearms. they don't have one and are for the 2nd amendment. they also went on to tell me if i have a washington CPL, i could bypass their background check and be sent the welcome packet the very next day via e-mail. less than 12hrs later, i was sent the welcome packet, and moved in a few days later.

 

[oknow]

It's just like going to the show with a no gun sign it's a policy not the law if you get caught you will have to move (no big deal)

 

[Kelzebubba]

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.

Rent <> ownership. The constitution is a set of guidelines for the government to follow. It was designed to reign in the power of the government. You have rights but your rights don't supercede anyone else's. Your name is on a lease, but it is not on the property bill as the owner. It is not your property, you are leasing it to use within the means of your written lease agreement. Now if the apartment received federal funds for housing, that may be a different story altogether.

 

[mud]

appt managers can make any rule as long as it is in lease you sign no pets,no smoking,55 and older,no guns,no high risk dogs(shepard,rott,pit,dobie,)about 10 years ago befor i bought my house i was told i couldnt rent a place cause the guy didnt know what a ridgeback was thought it look like it might be part pit