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Thread: CO Appartment Complex Bans All Firearms on Premises

  1. #1
    Member Corlissimo's Avatar
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    CO Appartment Complex Bans All Firearms on Premises

    I don't see how this will ever stand, even in CO. Isn't your home, even if rented, YOUR home? Even hotel/motel rooms are generally considered to be your home, even if temporary, and your 2A rights (& 4A) still apply.

    Interested in seeing the Tom foolery that might result from this one. Idiots!



    http://www.9news.com/news/article/34...et-rid-of-guns


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  2. #2
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    Quote Originally Posted by Corlissimo View Post
    I don't see how this will ever stand, even in CO. Isn't your home, even if rented, YOUR home? Even hotel/motel rooms are generally considered to be your home, even if temporary, and your 2A rights (& 4A) still apply.

    Interested in seeing the Tom foolery that might result from this one. Idiots!



    http://www.9news.com/news/article/34...et-rid-of-guns


    ~ Typos brought to you by my lazyness & in attention to detail.
    I see two competing issues here:

    1) Private property interests - If it's not a government lease, then the land owner can set conditions as he pleases. That includes no guns as a condition of the lease.

    2) Government enforcement of contracts provisions contrary to public policy - A court cannot enforce such a restriction on the sale of land, even if that is a condition of the deed under which the owner took possession of the land. See: http://depts.washington.edu/civilr/covenants.htm


    If it ends up in court, it will be a great case.

  3. #3
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    I can't see how that unless it's specifically written into the lease that this can stand. New leases with specific restrictions, sure, but existing leases, not a chance.

    Sent from my Nexus 4 using Tapatalk 2

  4. #4
    Site Supporter Lon's Avatar
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    Quote Originally Posted by Mitchell, Esq. View Post
    1) Private property interests - If it's not a government lease, then the land owner can set conditions as he pleases. That includes no guns as a condition of the lease.
    Not in Ohio. There's a provision in Ohio law that prohibits landlords from doing this. It applies to tenants and their guests.

    Had to brief my guys at work about this since one of the apartments posted signs saying no weapons. Didn't want them to make an arrest when they shouldn't.
    Formerly known as xpd54.
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  5. #5
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    Quote Originally Posted by tremiles View Post
    I can't see how that unless it's specifically written into the lease that this can stand. New leases with specific restrictions, sure, but existing leases, not a chance.

    Sent from my Nexus 4 using Tapatalk 2
    Every apartment lease I've seen has language similar to.... "and such restrictions as Landlord may add, at their sole discretion."
    I went as far once as striking that language before signing a lease. The apartment manager countersigned (she was cuter than she was smart, I suppose) and it was done. This was 20+ years ago.

    As I understand it... the Landlord can add whatever restrictions they want (within the law) as long as they provide notice. I never had the need to object to a new rule, but my uneducated assumption would be that if the Landlord forced a new provision on you in this manner and you objected and decided to move out, the Landlord would be obligated to release you from the lease without penalty (early termination and such)...
    "No free man shall ever be debarred the use of arms." - Thomas Jefferson, Virginia Constitution, Draft 1, 1776

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    I can see a bunch of burglaries hitting the Castle Rock apartments in October...

  7. #7
    Member TGS's Avatar
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    Quote Originally Posted by Mitchell, Esq. View Post
    If it ends up in court, it will be a great case.
    I was thinking the same thing.

    It'll be interesting (possibly scary) to see how the dynamics of a citizen's rights change over time, as property ownership declines due to the growing welfare state and continually crappy economy.
    "Are you ready? Okay. Let's roll."- Last words of Todd Beamer

  8. #8
    Member Corlissimo's Avatar
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    Quote Originally Posted by tremiles View Post
    I can't see how that unless it's specifically written into the lease that this can stand. New leases with specific restrictions, sure, but existing leases, not a chance.

    Sent from my Nexus 4 using Tapatalk 2
    That's what I'm thinking too. That would mean the proposed enforcement date would likely violate the rights of anyone who is not up for a lease renewal.

    Typos brought to you by my DROID... and my apathy.
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  9. #9
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    Quote Originally Posted by Corlissimo View Post
    That's what I'm thinking too. That would mean the proposed enforcement date would likely violate the rights of anyone who is not up for a lease renewal.

    Typos brought to you by my DROID... and my apathy.
    Here's a random lease I found on the internets... (PDF file will open... see bottom of page 7)
    Resident understands that “Exhibit E Apartment Rules and Regulations” may be amended from time to time and are for the purpose of protecting the
    apartment unit and providing for the safety and well being of all residents of the apartment unit, and affirms that Resident will, in all respects, comply with
    the terms, conditions, covenants and provisions of this Lease.
    "No free man shall ever be debarred the use of arms." - Thomas Jefferson, Virginia Constitution, Draft 1, 1776

  10. #10
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