Search found 4 matches

by ScottDLS
Sat May 08, 2010 3:45 pm
Forum: General Texas CHL Discussion
Topic: No Gun Apartment Lease?
Replies: 67
Views: 16142

Re: No Gun Apartment Lease?

Scire.Factor wrote:
03Lightningrocks wrote:After all that rambling.... the point I was trying to make is this.

QUIT SEEKING PERMISSION TO EXERCISE YOUR RKBA! YOU DON"T NEED SPECIAL PERMISSION TO OWN A FIREARM! When you ask somebody something stupid like... "Can I bring my gun?" You sound like a nut! I would probably ask you what the heck also,.... and wonder what in the heck you ask me that for. It almost sounds threatening. just do it and quit acting all suspicious about it.

To further illustrate what I am getting at... does anyone ask if it is Ok to bring your stereo or your electric guitar? There are rules about that in the lease too! I bet if you did ask, the person you ask would suddenly get nervous why you are seeking special permission for such a thing so silly. they would probably wonder if you planned to blast loud music all day and night. same for guns folks! you make them wonder what you are acting so goofy about!
:confused5 Alright, well my bad for asking about the verbage of the lease to ensure that I was not A) breaking any law or B) breaking the terms of my potential future lease. When I called and asked, I did not provide a name, my current location, or even my occupation to ensure that they wouldnt remember me. Again, all I did was call and asked if they had the terms spelled out in their lease against gun ownership and if so, can I have a copy of their lease. The part of the lease that I posted came from an apartment complex where the lady in the front desk told me that they are 100% gun free zone, so I wanted to ensure I was reading the lease correctly since it contradicted the employee. Again, my mistake - and I will try to not let my inexperience in concealed carrying or texas law waste this forum's time.
These threads just seem to veer off into the theoretical and philosophical ruminations about private property rights and civil and criminal law. We (at least I...) enjoy wasting our time on this stuff. I mean look, your question was valid and probably had a consensus answer about 5 or 6 posts in, but then the Monday morning legal quarterbacks (like me) decided to make it last another 4 pages. I don't think anyone believes you were wasting their time by posting it.

The lease terms you posted don't appear to prohibit concealed carry or keeping firearms in your apartment. The lady at the front desk is a moron and what she says contradicts the lease. I wouldn't worry about it.
by ScottDLS
Mon May 03, 2010 11:24 pm
Forum: General Texas CHL Discussion
Topic: No Gun Apartment Lease?
Replies: 67
Views: 16142

Re: No Gun Apartment Lease?

Scire.Factor wrote:Thank you everybody for your help. I am going to take the lease to a lawyer just to cover my butt. I will reply with an update.
What? Pay someone for a legally informed opinion rather than relying on the accumulated wisdom of anonymous keyboard warriors...? Well, it's your money... "rlol" "rlol"
by ScottDLS
Mon May 03, 2010 10:01 pm
Forum: General Texas CHL Discussion
Topic: No Gun Apartment Lease?
Replies: 67
Views: 16142

Re: No Gun Apartment Lease?

srothstein wrote:
C-dub wrote:Can someone even prohibit me from possessing a firearm in my residence here in Texas? I thought that matter had already been settled. They can prevent you from carrying in their offices and other buildings, but your residence?
My opinion is that they can ban you from having anything they want to, if they put it in the lease and it is legal to ban. A lease is a type of contract and when you sign it, you are agreeing to obey the terms of the lease. These terms might include no trailers in the parking lot, no charcoal grills (getting much more common), or no guns possessed in the complex. If you agree, they can enforce the contract.

I always stay away from leases like the one quoted for a different reason. It said I agree to any rules the complex has, presently or instituted in the future. How can I possibly agree to abide by rules when i don't know what they will be?
They can enforce it via a civil remedy, by evicting you, or refusing to renew, etc. Violating a lease contract isn't a crime. The "presently and instituted in the future" is probably an "unreasonable" lease term which have been held unenforceable. Also, the OP posted the lease term and it is hard to find how he would be violating it by carrying a concealed handgun with a license and/or possessing one in the car and in his residence.

The agent who said the apartment has a "no guns" policy was contradicting the written terms of the lease.
by ScottDLS
Mon May 03, 2010 3:57 pm
Forum: General Texas CHL Discussion
Topic: No Gun Apartment Lease?
Replies: 67
Views: 16142

Re: No Gun Apartment Lease?

Scire.Factor wrote:I am getting ready to move to Texas and have found an apartment complex that may be really interested in. I called the front office and the first thing I asked them was if they had a firearm policy. They replied that they are gun free and it is in the lease. They emailed me a copy of their lease and below is the only thing I can find regarding firearms. I believe the following (in bold) says that I am only not allowed to display, discarge, or pocess in a threatening way. Do you all think that from the below part of the lease that I am not allowed to have a firearm in the apartment? Thank you in advance.

CONDUCT OF RESIDENT: Resident agrees to abide by all federal, State and municipal laws, ordinances, regulations
or orders (including but not limited to those pertaining to use of hazardous substances) as well as Owner’s Rules and
Regulations now in force and effect or which may be hereafter enacted. Resident agrees that Resident or Resident’s
guests or the Roommates or their respective guests shall not: (i) be loud, obnoxious, disorderly, boisterous, or
unlawful; (ii) disturb or threaten the rights, comfort, health, safety, or convenience of others (including Owner’s
agents) in or near the Community; display, discharge, or possess, a gun, knife, or other weapon in a way that may
threaten or alarm others or Roommates including but not limited to any pistol, revolver, rifle, shotgun, or other
weapon designed or intended to propel a missile of any kind, knives of stated dimensions, razors, throwing stars, nun
chucks, and similar objects;


I read it the same way you do. Just don't possess or display it in a way that may threaten or alarm others.

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