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by Dave2
Tue Apr 10, 2012 4:02 am
Forum: General Texas CHL Discussion
Topic: Can A Landlord Do This?
Replies: 134
Views: 29269

Re: Can A Landlord Do This?

johnson0317 wrote:I do not believe you have any defense against prosecution if your car breaks down, you do not have a CHL, and you choose to carry your weapon while walking to your house. You are allowed to carry from your house to your car, and back, and to the range and back, and to the gunsmith, and back...but I really do not think you are covered to simply take a hike with it because your car broke down.

RJ
Technically you would be walking from your car to your house, and the car would be parked (or crashed) as close to "on your property" as you could get it.

Notalawyer...
by Dave2
Mon Feb 27, 2012 2:10 pm
Forum: General Texas CHL Discussion
Topic: Can A Landlord Do This?
Replies: 134
Views: 29269

Re: Can A Landlord Do This?

sumyungai wrote:
drjoker wrote:Sue them. Call the NRA. Call your lawyer. Have your lawyer send them a letter on NRA stationary. From DC to Chicago, these unconstitutional pinko carpetbagger landlords are being told by our courts that they can't do this. A total ban on arms in your home is unconstitutional.
If it's unconstitutional for a land owner to prohibit firearms on his private property
Generally it's not, and generally it shouldn't be. The issue is that one of the recognized reasons for having the 2nd Amendment — to defend one's home — can directly conflict with the property owner's rights when they're renting their property to someone else. In my view, the constitution trumps property-owners' rights and such rights-trumping is one of the risks you take when you rent out your property. Imagine the outcry that would arise from the ACLU if an apartment complex tried to ban its residents from having other legal things like maybe letter openers in their apartments.
by Dave2
Mon Feb 20, 2012 10:01 pm
Forum: General Texas CHL Discussion
Topic: Can A Landlord Do This?
Replies: 134
Views: 29269

Re: Can A Landlord Do This?

rdcrags wrote:Great thread! Change of pace:
I might too, depending on if a friend had enough room for me and my stuff to crash for a couple weeks while looking for a new place. If so, I'd invest in a discreet tape recorder and go have a friendly chat with the new landlords. Do be careful recording phone calls, though. AFAIK it's legal if it all stays in TX, but things can get interesting if the other person is in a two-party state.
I hope it doesn't matter if the other party is out of state. For several years, I moderated a worldwide (6 countries) weekly conference call, and recorded them to help me with preparing a written summary for in-company distribution. No one but the 3 people in our conference room knew about the recordings.
Some states require just one party to know, some - not having thought of conference calls - require two and only two parties, and some require all parties to know. I no longer recall how things play out if recording the call is legal where you are and not where the other guy is, but back in college when I was researching it (because of a landlord despute, oddly enough) I ended up thinking it was complicated.

Regarding recording calls in six other countries, as far as I know it's not illegal in the USA to break the law in another country. Definitely ask a lawyer about it though, because I'm certainly not qualified to give legal advice.
by Dave2
Mon Feb 20, 2012 2:19 am
Forum: General Texas CHL Discussion
Topic: Can A Landlord Do This?
Replies: 134
Views: 29269

Re: Can A Landlord Do This?

MoJo wrote:I would be looking for a new apartment.
I might too, depending on if a friend had enough room for me and my stuff to crash for a couple weeks while looking for a new place. If so, I'd invest in a discreet tape recorder and go have a friendly chat with the new landlords. Do be careful recording phone calls, though. AFAIK it's legal if it all stays in TX, but things can get interesting if the other person is in a two-party state.

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