Guns in apartments

[wally05]

Hey guys,

I have a friend that was looking over a housing agreement for an apt. complex not far from me. I guess it says in small print that no guns are allowed in the complex and anyone found carrying a gun would have their lease revoked. WTH? So, someone lives at this place and can carry whereever in town, but can't carry or keep a gun where he lives? Oh, and there is security, but it is poor and is a few local LEOs that do it in their off time. No one is seen doing security. It's more a call, react thing. What are your thoughts on this? It's a popular apartment complex in the area.

 

[XMil]

If it were me, I would look elsewhere.

 

[shooter521]

If it were me, I would look elsewhere.

I've lived in plenty of apartment complexes here in Indy, none of which had "no firearms" provisions in their lease.

 

[singlestacksig]

it is a contrac, don't rent there... let them know they have made easy targets..

 

[rambone]

Let them know their anti-defense stance lost your business and you will not recommend them.

 

[Lucas156]

I guess it is legal to not allow guns since it is their property?

 

[public servant]

Yep...their houses (so to speak)...their rules.

 

[leftsock]

What's the big deal? If someone wants to rob, murder, rape, or kidnap you, just call the part-time security officer and they'll be right there in 15-30 minutes to prevent the crime from happening.

Besides, only people looking to make trouble have guns, and nobody like that is bound to live in that complex since it clearly has a "no firearms" policy.

 

[ArcadiaGP]

I never thought about that. I'll need to look through my lease and see if there's something like that. Hell, even if there is, I see it as a "don't ask, don't tell" situation.

Wanna kick me out after I defend myself from a robbery? I'm ok with that, at least I (or anyone around) wasn't hurt.

 

[jedi]

I'll offer for free to put up a big sign stating the following:

DEAR CRIMINALS,

This apartment complex has a no-guns allowed clauses for all residents. As such if you plan on robbing anyone here please leave your weapons at home.

 

[wally05]

Exactly what I was thinking. There isn't much better in terms of complexes on the decent side of town, so I don't know if his wife would want to go somewhere else. I'd just tell him to CC and don't OC unless you're outside of the complex. It's ridiculous...

 

[whiskeytangofoxtrot]

I never thought about that. I'll need to look through my lease and see if there's something like that. Hell, even if there is, I see it as a "don't ask, don't tell" situation.

Wanna kick me out after I defend myself from a robbery? I'm ok with that, at least I (or anyone around) wasn't hurt.

That is where I'm at right now, only one more month to go and I'm out of here.

 

[MeltonLaw]

I'd be really suspect as to the legality of that covenant in the contract. People are generally allowed to contract for whatever they want to. There are general exceptions to this one of which is that you cannot contract away fundamental rights. You cannot contract away your right to free speech or to be free of unreasonable searches. Now if it is government housing then they can attempt to do this a basis for receiving subsidy. Even that is coming under scrutiny these days.
Your friend could always try to negotiate the lease and get the agent of the apartment complex to strike that clause. If not then it is probably easier for your friend to look elsewhere.
As far as it being their "house" or property and thus they can make the rules. Well that is kind of a stretch. When you lease a property you receive property rights enforceable at law. Now you do not receive the full plethora of rights as you would if you owned it outright, you still have rights as it is your dwelling. But as has already been mentioned the best route is probably to negotiate and if that fails to inform that you will not be renting there.

 

[BloodEclipse]

I checked through the Indiana code and I don't see an exceptions clause for firearms. From the looks of it if they say in the lease no purple cars and you violate the terms you could be evicted. Be careful what you sign.
Indiana Code TITLE 32, Article 31 Table of Contents

 

[MeltonLaw]

Not everything has to be codified for it to be a law. In fact statutes hold little meaning until they are interpreted by a court of law. For the most part, except Louisiana, the U.S. embraces a common law system. If this were a civil code system I'd be apt to agree with you but, thankfully, it is not. As a final point, see my first post, the state statutes are subject to both the Indiana and, in part, the U.S. Constitutions. I'm not going to take the "purple car" hypothetical on its face because that is an apples to oranges comparison. Driving a car is a privilege whereas keeping/bearing firearms is a natural, enumerated, and fundamental right.

 

[TopDog]

I know this is a stretch. But have you actually questioned this with anyone in the office? This just might be one of those situations where its really a don't ask don't tell deal. In other words that clause might be there for the owners to have a little more control of more suspect renters. Its just a thought, you might want to fish around a little for clarification. Just don't make it obvious.

 

[dburkhead]

When I first moved to Indianapolis there were issues with the first place I rented. The management company was claiming, basically, that I had no recourse based on the lease I'd signed. I spoke to an attorney about it and he said that some things cannot be signed away. There are some rights that you have regardless of what document you may have signed otherwise. I don't know if the 2nd falls under that category or not, but it's something that might be worth talking to a lawyer about.

 

[wally05]

Great replies, guys. You all bring up good points. I may need to have him call and ask. I'm guessing it's a don't ask, don't tell thing. But, say someone sees it when he's getting into his car and tells the office about it, they'd pretty much have to evict him based on the lease... it's definitely not right at all. I'll ask around and see if our old family attorney has something to say about it.

 

[dburkhead]

Great replies, guys. You all bring up good points. I may need to have him call and ask. I'm guessing it's a don't ask, don't tell thing. But, say someone sees it when he's getting into his car and tells the office about it, they'd pretty much have to evict him based on the lease... it's definitely not right at all. I'll ask around and see if our old family attorney has something to say about it.

Unless your old family attorney is particularly experienced in housing/rental/real-estate law, you might want to get his suggestions on someone who is.

 

[Joe Williams]

My thoughts are that I wouldn't sign the contract, and would rent elsewhere.