How would you interpret this clause in my lease?


PDA






swooshonln
December 30, 2008, 05:15 PM
I just purchased a handgun, and I want to make sure that I am allowed to have it at my apartment for protection. I have aquired a copy of my lease and have read it back to front. The only thing I can find on guns/weapons is a small paragraph under "CONDUCT OF RESIDENT" that states "Resident agrees that Resident or Resident's guest or the Roomates or their respective guest shall not; ... (iii) display, discharge, or possess, a gun, knife, or other weapon in a way that may threaten others; ..." I am trying to figure out how to interpret this rule. to me, this says I basically can have one unless I use it unlawfully, or display it in a way that scares residents. i.e walking around with gun in hand. Am I missing anything? What do you think? I am not a lawyer.

If you enjoyed reading about "How would you interpret this clause in my lease?" here in TheHighRoad.org archive, you'll LOVE our community. Come join TheHighRoad.org today for the full version!
Zundfolge
December 30, 2008, 05:17 PM
As long as your "display, discharge or possession" of the gun doesn't threaten others it seems to me you're fine. I'd assume "threaten" means actually threaten someone with injury, but they could probably make the case that openly carrying it around might be considered "threatening" to some people.

The only lawful/safe way I could see you running afoul of this is if you plan on carrying the gun openly (on your belt on a holster out where everyone can see).

mgkdrgn
December 30, 2008, 05:20 PM
What we have here is the apartment owners "cover my ass" clause.

Assuming the only time you are going to "threaten others" is in self defense, I would say you can keep your gun ... and your kitchen knives.

I just purchased a handgun, and I want to make sure that I am allowed to have it at my apartment for protection. I have aquired a copy of my lease and have read it back to front. The only thing I can find on guns/weapons is a small paragraph under "CONDUCT OF RESIDENT" that states "Resident agrees that Resident or Resident's guest or the Roomates or their respective guest shall not; ... (iii) display, discharge, or possess, a gun, knife, or other weapon in a way that may threaten others; ..." I am trying to figure out how to interpret this rule. to me, this says I basically can have one unless I use it unlawfully, or display it in a way that scares residents. i.e walking around with gun in hand. Am I missing anything? What do you think? I am not a lawyer.

Yo Mama
December 30, 2008, 05:23 PM
If you are open carrying, this may cause some old lady to freak out and report you. May give you problems.

Unless your landlord is cool with it, I'd say CCW permit.

Friendly, Don't Fire!
December 30, 2008, 05:30 PM
I read it as keep the gun to yourself (which is what you should be doing anyway).

Don't go flashing it around and on New Year's Eve, DON'T GO SHOOTING IT OUT THE WINDOW AT THE OTHER BUILDINGS!

That's all it means.:cool:

jos2f
December 30, 2008, 05:31 PM
I agree about the CYA part for the landlords.

Seems like you could even legally display it if it didn't "threaten others".

I wouldn't hesitate to own one in your apartment if you're smart about it

swooshonln
December 30, 2008, 05:50 PM
Ok so if I don't have my "concealed" permit, how do you suggest I carry it without "threatening" others from my apt to the car, or visa versa? Keep in mind the reason I want to carry it is because I work at a bar and make cash at the end of the night, and want protection from my car to my front door when I get home at 3:30. AM (I live in a bad area).

The Lone Haranguer
December 30, 2008, 06:15 PM
... (iii) display, discharge, or possess, a gun, knife, or other weapon in a way that may threaten others; ..." I think this clause is to prohibit you from pulling a gun on your neighbor for his 3AM tuba practice and things of that nature, not from just having a gun.

deadin
December 30, 2008, 06:48 PM
Ok so if I don't have my "concealed" permit, how do you suggest I carry it without "threatening" others from my apt to the car, or visa versa?

In a case.
If you want to have it handy , and be legal, get a CCW permit and carry it concealed.
As far as "open" carry, just the sight of a gun may (and I emphasize "MAY") cause fear and appear to be a threat to some, thereby breaking your lease agreement.

swooshonln
December 30, 2008, 06:49 PM
So would you guys think I am safe carrying my gun on my belt if it is holstered and 3 in the morning?

Friendly, Don't Fire!
December 30, 2008, 07:07 PM
that you want to "that does not threaten others."

Some people would literally need a barrel shoved up their nose to feel threatened, while someone else may just need to see only a glimpse of a stock sticking out of your pants, and if they know that you live next door, or two doors down, they could be terrified at the thought of that!

That's why I said to keep it to yourself.

If you don't have a conceal carry permit, I would highly suggest getting one -- and SOON!

To answer your question, if one of your neighbors happens to see the gun in your hoster and is terrified of guns, then your lease agreement may be jeapordized.

deadin
December 30, 2008, 07:38 PM
So would you guys think I am safe carrying my gun on my belt if it is holstered and 3 in the morning?

Is there some reason that you don't want to (or can't) get a carry permit?

swooshonln
December 30, 2008, 07:49 PM
I can/want to get one. But untill then I cannot conceal it.

Friendly, Don't Fire!
December 30, 2008, 07:56 PM
Well, if you've signed that lease already, then you might have to consider taking a chance not carrying your weapon until it is legal for you to carry concealed.

In the meantime, you may want to consider pepper spray. What did you do before you had a pistol?

jos2f
December 30, 2008, 07:56 PM
To the OP about the permit:

Safest bet is to get your permit so you don't have to worry about concealing it from your car to your apt.

Then again, get a matte black gun and wear it open holster and hope people aren't watching you at 3am walk to your apartment ;)

deadin
December 30, 2008, 08:03 PM
get a matte black gun and wear it open holster

Reasonable advise as long as open carry is legal wherever he is.

(I really wish these folks with carry questions would put where they are located in the first post.:confused:)

NavyLCDR
December 30, 2008, 08:11 PM
So would you guys think I am safe carrying my gun on my belt if it is holstered and 3 in the morning?

If your state law allows open carry, yes. Especially if carried in a holster, on your belt, with a retention strap that fastens over the gun. Just about every open carry state will have some case law precedence that states that a gun carried in a holster is NOT being carried in a threatening manner regardless of what other sheeple may think. Check out www.opencarry.org.

Sebastian the Ibis
December 30, 2008, 10:39 PM
Walk around with a ski mask and an axe. Your lease doesn't say anything about either.

maddog1775
December 31, 2008, 03:29 AM
"in a way that may threaten others"

Sounds like there shouldn't be a problem as long as you are a responsible gun owner. Besides, if no one sees it, it can't be an issue at all.

I'm sure some of my neighbors would be a little squeamish if they knew I had a safe full of evil looking guns in my apartment, but since they are in my apartment, they don't have to know.

VINTAGE-SLOTCARS
December 31, 2008, 03:34 AM
Sounds like the meaning of this is if you violate their rules they have cause to terminate the lease and throw you out. Cya theirs not yours.

Friendly, Don't Fire!
December 31, 2008, 05:44 AM
Walk around with a ski mask and an axe. Your lease doesn't say anything about either.

Now that had me laughing!:)

KC0QGL
December 31, 2008, 06:01 AM
What about a chiansaw and hocky mask?

Friendly, Don't Fire!
December 31, 2008, 06:09 AM
I'm sure the lease is written with past problems & experiences in mind.

What the lease SHOULD state is:
"no tenant shall present themself in such a way, or carry any object(s), that will intimidate, harrass, threaten and/or cause fear among the other tenants and visitors."
There, it states it all without going into specifics.

expvideo
December 31, 2008, 09:03 AM
That's why I read my lease agreements before I sign them. If the apartment/duplex/house owner wants to tell me I can't own guns, he can kindly shove it up his... I'm not signing a lease that tells me I can't own guns. I'll rent somewhere else. Not every apartment complex has a weapon section in their lease. My last apartment complex said that you can't possess illegal weapons in their buildings.

You should see the look on the faces of those lease office people when they realize that you are going to sit there and read every word of the agreement. They would much rather paraphrase it for you. I can tell you from experience that they will not be paraphrasing it when they use it against you later, so read it all. Every word. It will take about 30 minutes, and the leasing agent will want to key your car by the time your done, but it is worth it.

absentmindedjwc
December 31, 2008, 07:36 PM
You should see the look on the faces of those lease office people when they realize that you are going to sit there and read every word of the agreement. They would much rather paraphrase it for you. I can tell you from experience that they will not be paraphrasing it when they use it against you later, so read it all. Every word. It will take about 30 minutes, and the leasing agent will want to key your car by the time your done, but it is worth it.

Some free legal advice: always read any contract you ever sign... every word! It does not matter if it is a lease, or any other legal document. You would be surprised how many people sign themselves into trouble later on because they did not read the contract. Every word, every time!

Jason

If you enjoyed reading about "How would you interpret this clause in my lease?" here in TheHighRoad.org archive, you'll LOVE our community. Come join TheHighRoad.org today for the full version!