Apartment managers wanted to ban guns in the apartments

[jaykellogg]

This is Colorado (where else?) The apartment managers decided to give residents two months to remove any firearms they had there. In spite of having leases. It has been overturned, apparently the apartment owners told the managers that their no gun policy would not fly. In addition, the apartment was constructed with Federal funds and banning guns is forbidden.

Apartment Property Management's Gun Ban Overturned By Owners

 

[Jessie]

You people in Co. Have to get a handle on this before you become California redux
Glad it was overturned, but it never should have even been brought up to begin with.

 

[USMCHEROS]

Not all of everyone is a bad person that owns a firearm it just the stupid kind of person ruins it for everyone.

 

[The Last Standing Knight]

This is not as uncommon as you might believe.

I've had residential clients and associations try this stunt many times over the years despite all of them being warned by their lawyers against it.
While not going too much into detail, I can say this safely and beyond any doubt: They were all doing it strictly and without exception just to shove their weight around on everyone else. Like a private fiefdom. Be behind closed doors with some of these clients and you find they all want to be dictators over their own little empires.
I've seen a lot of "empire builders" in my line of work over the years.

 

[therevjay]

'NO FIREARMS OR WEAPONS." If it had not been overturned by the owners, I wonder how they would have determined the difference between a veggie cutter knife and a "weapon knife"?

 

[Rintimtin]

That just sound illegal. So you pay your lease, and can not protect your famiy, self, and personal property. My blood pressure just went up.

 

[jaykellogg]

IMHO the lease gives the tenant more rights than the landlord. I cannot see how lease terms can be modified until it's term is up. For example, I allow pets in my rentals. Suppose I wrote to the tenants and told them that effective October 2013 no pets were permitted? They'd probably tell me to go pound sand. Then when I went to the courthouse to get them evicted they show up with the lease that says pets are allowed.

Fox News is where I first heard this. They reported that the management group said that in line with recent law changes in Colorado they felt this was the thing to do. Apparently the real estate management group is a group of gun haters.

 

[armenius]

I think I heard one of the lawyers said it could stand up if privately owned.Now how can you get away negating one's Constitutional Rights under the Second Amendment,when if you tried to restricting tenants based on race,color,creed or sexual preference Ol' Eric Holder and his Justice Dept. would make your life a nightmare!

 

[LVSteve]

I think I heard one of the lawyers said it could stand up if privately owned.Now how can you get away negating one's Constitutional Rights under the Second Amendment,when if you tried to restricting tenants based on race,color,creed or sexual preference Ol' Eric Holder and his Justice Dept. would make your life a nightmare!

Some would argue that in your case this is no different than a home owner telling you not to bring a firearm into his house. However, I believe that this is a stretch when somebody is paying rent for a residence when the owner is not there. At some point there will be a test case that would likely go all the way to SCOTUS.

 

[the ringo kid]

They are also banned in the complex I live in--however-im ignoring their ban. They also dont know what if any I do have and im about to add two more to the collection.

 

[MI-LPTroll]

I think I heard one of the lawyers said it could stand up if privately owned.Now how can you get away negating one's Constitutional Rights under the Second Amendment,when if you tried to restricting tenants based on race,color,creed or sexual preference Ol' Eric Holder and his Justice Dept. would make your life a nightmare!

Same way a restaurant (Bdubs in holland, mi) can put up a sign saying no firearms allowed inside the building. Thankfully the one I go to has common sense.

 

[MI-LPTroll]

Some would argue that in your case this is no different than a home owner telling you not to bring a firearm into his house. However, I believe that this is a stretch when somebody is paying rent for a residence when the owner is not there. At some point there will be a test case that would likely go all the way to SCOTUS.

Well there is a law, not sure if it is federal, state, or what but it prohibits any apartment complex from not allowing you to get television, phone or internet. So you'd think firearms would be local law only. Especially since it is considered your place of residence and you have the right to defend it as such, regardless as to whether you rent/lease or own.

 

[Rastoff]

I cannot see how lease terms can be modified until it's term is up.

It depends on how the lease is written. On my rental I have an agreement that has a clause explaining how the terms can be changed. Don't you have something similar in your lease? I've learned the hard way as a land lord, you need a clause like that. It works in everyone's favor.

For example, I have the right to inspect my property as long as I give a 24 hour notice in writing. They agreed to this when they signed the lease.


On a more generic tac, two parties can make any agreement they want. A land lord can stipulate in the lease that guns are not allowed. As long as it's in there before the lease is signed, they can do that. It's when you want to do it after the fact that it becomes a problem. The potential tenant has the right to rent from someone else.

 

[Smithsrevenge]

About 10 years ago I lived in Government Subsidized housing.

I read in the lease one day it said "no Firearms or weapons allowed".

I ignored it.

Eventually one day the landlord stopped by when I was cleaning my Beretta 92f and noticed it on the table. About 2 days later I got an eviction notice.

Well I contested it in court. Property management went on this big rant about how I had violated the lease and was endangering other residents etc.

Judge looked right at the landlord and said
"Maam....what on gods green earth makes you believe that you, OR the property management company have ANY right in this country to bound a mans Constitutional Freedoms!? I cant even begin to describe how disappointed I am in you as an american. Judgement for the defendant!. Next time get your head out of your butt and realize that the second amendment outweighs your personal issues every single time when it boils down to the law."

He then proceeded to make the property company pay me $1,000 for harassment, and loss of wages because I had to be in court :-D

Hey some judges still remember how to do their jobs. lol

 

[MI-LPTroll]

About 10 years ago I lived in Government Subsidized housing.

I read in the lease one day it said "no Firearms or weapons allowed".

I ignored it.

Eventually one day the landlord stopped by when I was cleaning my Beretta 92f and noticed it on the table. About 2 days later I got an eviction notice.

Well I contested it in court. Property management went on this big rant about how I had violated the lease and was endangering other residents etc.

Judge looked right at the landlord and said
"Maam....what on gods green earth makes you believe that you, OR the property management company have ANY right in this country to bound a mans Constitutional Freedoms!? I cant even begin to describe how disappointed I am in you as an american. Judgement for the defendant!. Next time get your head out of your butt and realize that the second amendment outweighs your personal issues every single time when it boils down to the law."

He then proceeded to make the property company pay me $1,000 for harassment, and loss of wages because I had to be in court :-D

Hey some judges still remember how to do their jobs. lol

Vote that judge into the supreme court!

 

[jaykellogg]

Around here it takes two months minimum to evict someone. Probably more if they go to legal aid. Meanwhile they are not paying the rent and once you get them out the apartment is so trashed it takes a couple weeks to a month to straighten it up again. I fail to see how it is worth it. I have a judgement for $2200 against one woman who rented a house from me. That and about a buck and a half will (maybe) get me a coffee.