Other State Gun advocates are furious landlord won't let tenants have guns

[Joe Link]

Gun advocates are furious landlord won't let tenants have guns

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[billdeserthills]

All laws repugnant to the Constitution are null & void--
Marbury vs Madison

Seems like that no gun rule is the landlord's problem as he is discriminating against his tenants and needs to be sued

 

[Goosebrown]

Not sure they can do that in condos. Like to see how this case ends up

 

[Stomper]

Next thing you know landlords will be banning certain sexual positions....

 

[mkwerx]

Next thing you know landlords will be banning certain sexual positions....

Cudda swore my lease said Missionary, Reverse Missionary, Reverse Cowgirl and Doggy are OK but no other positions, no three ways, no orgies, and no butt stuff...

 

[P7M13]

Cudda swore my lease said Missionary, Reverse Missionary, Reverse Cowgirl and Doggy are OK but no other positions, no three ways, no orgies, and no butt stuff...

Sweep for cameras!

 

[albin25]

Seems that if a landlord didn't allow bibles, pornography, pork, or MAGA hats, he would be on the same precarious legal footing...
1. without illegally entering and searching the units on a daily basis, how would he know?
2. without illegally searching the residents on a daily basis, how would he know?

If this goes to court someone's gonna own him
"your Honor, here is my security camera footage of my landlord entering my apartment/unit on several consecutive days over a period of weeks/months and going through my underwear drawer, closets, cupboards, personal files, pantry and personal possessions un-announced and without prior written approval or legally obtained and officially executed search warrant...I noticed my Rolex, and 4 gold coins, and my late mother's wedding ring have gone missing. I can't be sure he took them, but...."

 

[Ura-Ki]

Illegal search and seizure!
This applies to ALL equally, so this slumlord has NOTHING to stand on!
Then there is repression of a person's soveregn right to self protection, the 2nd as upheld in Heller, so, even for his views of responsable gun safety, tm is dosnt pass muster!

 

[Goosebrown]

I believe the law is that when you rent, that apartment is yours as though you own it as long as you don't violate the law. If guns are legal to own and you are not a prohibited person you should be able to have what you want there.

 

[Argonaut]

As much as I agree with the wrong headed thinking. Gun owners are not a protected class from non governmental regulations. Makes it an interesting case. The list of people that can not be discriminated against is very specific and short. The second amendment tells what the Government can't do to an individual (like the rest of the construction) but doesn't give a lot of protection to what we do to each other. Many CC&R's on there face seem illegal but to own or live in the effected areas, you voluntarily sighs your rights away......like joining the Military or many court settlements ("turn you guns in or go to jail") They could even restrict silly things like cooking odorous ethnic food or smoking as conditions of residence or purchase.

 

[Colts4me]

actually it's where the culture is headed, owners tell renters what you can and can't have and websites tell you how much free speech you are allowed...same same.

 

[No_Regerts]

Back when I rented, I just did what I wanted and didn't say anything.

 

[USMC1911]

If a dude that identifies as a female is a protected class gun owners most certainly should be.

 

[justcuz]

It isn't brain surgery, even if you do stay at a holiday inn, rentals and their communal areas are private property and the property in question is in the eastern massive anti gun wasteland, so who cares?

BTW what gun advocates are upset?

Those members that rent, should ckeck their leases...you might discern there is a firearm clause in the small print.

 

[DLS]

There are some interesting ideas about renter's rights in this thread!

So many people are on a bandwagon to restrict landlord rights ... but realize that you are eroding property rights in general every time a certain class of folk has their particular property rights eroded. Think long and hard as to how important property rights are to a society, let alone gun owners before you continue to champion restricting landlord rights.

The fact of the matter is the landlord owns the property, not the tenant. The landlord faces the risk, carries the mortgage, pays the taxes and carries liability for himself as well as some things that the tenant does (and are outside of the landlord's direct control).

Landlords have a right to place restrictions on the use of THEIR property. If you don't like it go out and buy your own property and quit expecting someone else to take the risk and carry the load so that you can do "what you like".

Okay, ducking now ... I kind of wanted to rile some up a bit ... okay not ducking, but the rile part stands!

As Argonaut has stated, the restrictions on a landlord, especially in regards to discrimination, are pretty narrow. If they want to say you can't hang pictures that create holes in the wall that's within their rights. If they want to say you can't have dangerous items on the premises (including guns) that too is their right. You (we ... me) many not like that, but do you really want the government to come in and say they can't do what they want with their property?

What happens when the government comes after something you want to do with YOUR property and think you should be allowed to do so? Oh yeah, we gun owners are already very aware of this aren't we?

So if a private owner of property has rules that you don't like, go elsewhere. The laws of supply and demand will ensure there will be a place for you (but not if the government injects itself to the market and distorts it). A landlord that restricts too harshly who they will take as tenants reduces his market and thus his income. That alone will wake many up and change their ways. The others will lose money. We don't need no stinkin' regulations for this to work just fine.

So ... wadda ya all think? Fire away.

 

[awshoot]

There are some interesting ideas about renter's rights in this thread!

So many people are on a bandwagon to restrict landlord rights ...

And next, banks will start putting restrictions on what you can own while you have a mortgage. The fact that much of the Bill of Rights does not apply to private entities is a massive loophole and has always been a source of abuse. Take the 4th Amendment and the Third Party Doctrine as an example: 10 Reasons Why the Fourth Amendment Third Party Doctrine Should Be Overruled in Carpenter v. US - TeachPrivacy

 

[Camelfilter]

Lease vs month to month.

Lease? Renters "home", but require standard notice for owner access to allow for inspection of property (upkeep, care, illegal activity).

Month to month? Same standards apply as above, but the difference is either party may give due notice to end. OR is 30 days. No reason required from either party.

Pretty simple really. If something is legal*, it's ok to do. Firearms storage is no exception.

Failure of a tenant to properly secure firearms would have zero to do with an owners liability. Negligent discharge of same, again, would have zero to do with owners liability.

Is an owner EVER liable for the choices a tenant makes? No.

Drunk driver? Didn't the owner know the tenant was a drunk? Didn't the owner allow the vehicle?

Violent fellon? Didn't the owner do a criminal background check?

Tenants crazy poorly trained beaten dog bites neighbors kid? Property owner is in no way responsible. Etc etc.

*I'm not a fan of marijuana, but also recognize that it has possible medical beneficial properties. Currently legal in Oregon, illegal on the federal level. Smoking (tobacco or marijuana) is solely at the discretion of the owner, and spelled out in a lease...understandably so due to the property damage which could result. You can never rid a place of cigarette smoke, really, so likely assume similar of marijuana smoke (dunno really). I also believe it is illegal to smoke marijuana outside in Oregon (again, dunno really).

 

[justcuz]

Leasee have little recourse as the property owner files small claims or eviction against them as they lack the financial resources to defend themselves judicially against the owner's pages of contract.

While the case may be made the owner is not held accountable, that does not mean frivolous suits are not filed regularly.

 

[Mygrainman]

I wonder... when you insure your property and include an itemized detail of what you have, including guns, I wonder what effect it does or can have on your insurance rates. You want to make sure they know how much $$in guns you have, but at the same time, now they note that you have dangerous items in your home that can lead to liability issues.
I know many insurers won't allow Pitbulls or other "scary" dogs etc. or will charge a premium if you do.... is it, or will it be the same for gun ownership?

 

[Jonnyuma]

I believe the law is that when you rent, that apartment is yours as though you own it

... in Oregon. That's state law, which can vary, and does.
Generally being a nuisance to your neighbors is against the rules. Loud music, bad dog, even putting foil in your windows. Some buildings and complexes prohibit smoking (also still legal) on the property but all of those things can be traced back to maintaining a community standard of living for ALL residents, even if somewhat loosely defined.
A legal firearm, properly handled, poses no threat to the health and well-being of the community.