Ok, I know that the lease issue is no longer a problem - but I went and talked to a lawyer anyway since the service is provided at no cost. I explained the whole situation word for word and provided a copy of the lease. The lawyer is in the process of researching to find out if the apartment complex can even legally ban firearms in a residence in their lease. I am sure some of you may already know the answer to the question, but it is always nice to have another professional opinion. Regarding the specific lease itself that I posted about in the original post - I was told that the majority of you all were correct in the translation that I can possess a firearm as long as I am not weilding it to cause havoc. I will hopefully have an update on Monday with the progress of the lawyers research.
Thank you all again for the advice and input earlier!
Search found 12 matches
Return to “No Gun Apartment Lease?”
- Fri May 21, 2010 6:59 pm
- Forum: General Texas CHL Discussion
- Topic: No Gun Apartment Lease?
- Replies: 67
- Views: 16867
- Sun May 09, 2010 5:10 am
- Forum: General Texas CHL Discussion
- Topic: No Gun Apartment Lease?
- Replies: 67
- Views: 16867
Re: No Gun Apartment Lease?
03Lightningrocks wrote:My point was.... and I said it very clearly. His post could have been answered in one simple response. There is No issue with that lease.There is No wording or even a hint of no guns allowed. Instead.... we get all kinds of what ifs, conjectures..... and even a couple guys proclaiming that the apartment complex is somehow anti-gun. It is laughable at times. To the OP.... I see no reason for you to get your feelings hurt. Your question was legit. Just realize.... there is NO need to seek special permission to own a firearm. This is America. When we ask folks if they care if we bring our guns along.... we are acting suspicious. Like I said before.... nobody would ask if it was OK to bring a stereo, or your special Ginsu Knives. Guns are just as legal as a stereo in AMERICA. Actually.... more legal than a stereo. They are protected by our constitution.Well.... the real America, anyway. Life may be different in Kali or New York. Personally...... I can't wait until we give them another go for their money...J/K...LOL.
It seems to me that we should all try not to act like we are special simply because we own a gun... or toothbrush...... or pots and pans. When i read posts from guys asking special permission to own a weapon, it actually frightens me for the direction we are headed with our RKABA. It also gives insight to how you feel about owning your firearm. if you were not feeling somewhat guilty about it, or even uncomfortable, you would not feel the need to ask if it was OK to own it or bring it into your new domicile. It is as pure as the right to free speech. Anyone here feel compelled to ask an apartment manager if there is a list of what can and cannot be said in the apartment complex? I didn't think so. I wonder if you read the part about not making a noise nuisance of yourself if you would think that means you can't talk in the place?
Any of you get what I am saying yet?????
Ok, I understand what you are getting at and it is a very good point.
- Sat May 08, 2010 4:17 pm
- Forum: General Texas CHL Discussion
- Topic: No Gun Apartment Lease?
- Replies: 67
- Views: 16867
Re: No Gun Apartment Lease?
Thank you and I have gotten really good information from not only this post, but other posts within this forum. So, thank you again everyone.ScottDLS wrote: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.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!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.
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.
- Sat May 08, 2010 2:29 pm
- Forum: General Texas CHL Discussion
- Topic: No Gun Apartment Lease?
- Replies: 67
- Views: 16867
Re: No Gun Apartment Lease?
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!
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- Thu May 06, 2010 1:34 pm
- Forum: General Texas CHL Discussion
- Topic: No Gun Apartment Lease?
- Replies: 67
- Views: 16867
Re: No Gun Apartment Lease?
I am going to be in the San Angelo area. Never been there, so not too sure what to expect.I was stationed in Wichita Falls, TX for a few months, but that was about 7 years ago and dont remember much about that area.Maybe I missed it but what part of Texas you moving to?
- Wed May 05, 2010 1:55 pm
- Forum: General Texas CHL Discussion
- Topic: No Gun Apartment Lease?
- Replies: 67
- Views: 16867
Re: No Gun Apartment Lease?
03Lightningrocks wrote:Being in the military does not really make one familiar with guns. my brother was a sniper in Desert Storm and owns a judge and a 22 rifle. Not exactly what I would call a gun expert. Anyway..... I get what your saying. You are going to like Texas. we don't have many issues with private gun ownership. Just don't try to open carry....LOL. But then that would be a thread all it's own.Scire.Factor wrote:03Lightningrocks wrote:Oldgringo wrote:What CHARLES said above...for goodness sake.
What did you expect them to say, "that they welcome shooters of all races and creeds and also bring any explosive or incendiary devices that you may have with you" ???I think the thing is, ole Gringo, fellers who have never really been around guns much feel a certain kind of guilt about owning them. Almost like they are teetering on the brink of rebellion. After a few years they come to realize owning a gun isn't really anything note worthy.
Well I would expect the lease to read something like, "We follow all federal and state laws regarding firearms". I do not think it is too much to expect the right to own firearms in an apartment complex. Like I said earlier, I am not a new gun owner - as I have owned guns my whole life and work with them since I am in the military. I am new to Texas and new to renting an apartment.
hahaha... I have been VERY fortunate with where I have been stationed in the states that are gun friendly. I grew up Florida (very gun friendly), was stationed in Arizona (very gun friendly, plus has open carry), and now going to be stationed in Texas (which is also gun friendly). So, I am really looking forward to Texas, especially after being overseas for 4 years and not having my second amendment rights.
Gosh I am excited just to be able to go to the range when I want with my own guns!!!!
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- Wed May 05, 2010 2:19 am
- Forum: General Texas CHL Discussion
- Topic: No Gun Apartment Lease?
- Replies: 67
- Views: 16867
Re: No Gun Apartment Lease?
03Lightningrocks wrote:Oldgringo wrote:What CHARLES said above...for goodness sake.
What did you expect them to say, "that they welcome shooters of all races and creeds and also bring any explosive or incendiary devices that you may have with you" ???I think the thing is, ole Gringo, fellers who have never really been around guns much feel a certain kind of guilt about owning them. Almost like they are teetering on the brink of rebellion. After a few years they come to realize owning a gun isn't really anything note worthy.
Well I would expect the lease to read something like, "We follow all federal and state laws regarding firearms". I do not think it is too much to expect the right to own firearms in an apartment complex. Like I said earlier, I am not a new gun owner - as I have owned guns my whole life and work with them since I am in the military. I am new to Texas and new to renting an apartment.
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- Tue May 04, 2010 2:40 pm
- Forum: General Texas CHL Discussion
- Topic: No Gun Apartment Lease?
- Replies: 67
- Views: 16867
Re: No Gun Apartment Lease?
Yeah, you and Charles made good points about not asking anymore. I have never lived in an apartment complex before and this is my first time carrying/owning a firearm in Texas, so I guess you can say I am being a little too cautious. I just do not need to stress it as long as I am following the law. I really cannot say thank you enough to everyone who has helped me with this issue. I have an appointment with a lawyer on Thursday, so I am interested to see what he says.Bennies wrote:The apartment i lived in last had the exact quoted wording you posted. I did not see where it prohibited me from carrying or owning a firearm. But i agree with Charles. Do not ask. If its not in the lease that firearms are prohibited i think you would be OK IMO. I carried into the leasing office all the time and never thought twice about doing so.
- Tue May 04, 2010 2:33 pm
- Forum: General Texas CHL Discussion
- Topic: No Gun Apartment Lease?
- Replies: 67
- Views: 16867
Re: No Gun Apartment Lease?
ScottDLS wrote:What? Pay someone for a legally informed opinion rather than relying on the accumulated wisdom of anonymous keyboard warriors...? Well, it's your money...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.![]()
LOL. Well since I get free legal advice from the military, I might as well use it.... right?
- Mon May 03, 2010 11:18 pm
- Forum: General Texas CHL Discussion
- Topic: No Gun Apartment Lease?
- Replies: 67
- Views: 16867
Re: No Gun Apartment Lease?
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.
- Mon May 03, 2010 4:10 pm
- Forum: General Texas CHL Discussion
- Topic: No Gun Apartment Lease?
- Replies: 67
- Views: 16867
Re: No Gun Apartment Lease?
The problem is that out of all the apartment complexes I have called in the area, only 1/2 are gun friendly. I am really surprised by all of this.CaptWoodrow10 wrote:The 30.06 issue was my first thought as well. Also, I believe that the OP has just been given verbal notice as well. I would look into another complex if possible.HighHandicap wrote:I think the best thing to do would be to call a lawyer and get their take on it. I'd be pretty tempted to move on from a place like that since they're obvious intent is to be anti-gun. Have you looked at their physical location? Maybe they're a posted 30.06 and you can't carry there.
Edit:*** They may not be able to legally enforce their policy, but they can be a real pain in the butt until you can't wait to leave. Better safe than sorry.
The lady on the phone said, "we do not allow guns, because we follow what the lease says."
- Mon May 03, 2010 3:49 pm
- Forum: General Texas CHL Discussion
- Topic: No Gun Apartment Lease?
- Replies: 67
- Views: 16867
No Gun Apartment Lease?
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; (iii) 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;
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; (iii) 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;