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Federal Housing & Firearms

Discussion in 'Legal' started by krupparms, Oct 11, 2013.

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  1. krupparms

    krupparms Member

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    I recently received a turn down from low income housing because an old landlord said I had a gun in my apt.that I rented from him. Is this leagle? Or is it their right to deny housing because I lived in a dangerous Apt.? Can someone point me in the right direction?
     
  2. vamo

    vamo Member

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    Property owners have a lot of discretion in setting the rules for occupancy. It sucks, but for the most part legal. Now if you aren't a felon (judging from your signature I would say you are not) and your gun ownership is completely legal you might be able to make a big enough stink about it. Who owns this place that you are trying to rent? If its a corporation this is the type of controversy they absolutely hate to get involved in.
     
  3. vamo

    vamo Member

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  4. Frank Ettin

    Frank Ettin Moderator

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    You might want to contact a lawyer who know gun law, or contact your local RKBA organization for a referral.

    In general, a private landlord could lawfully ban guns. But it might well be different for public or government subsidized housing.

    Shortly after Heller came down the NRA sue in San Francisco over a public housing development that banned guns. It was settled by the ban being dropped. I think there might have been some similar cases elsewhere as well.
     
  5. Old Fuff

    Old Fuff Member

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    There was a recent Federal Court decision in the Chicago area where a housing development tried to introduce a tenant gun ban. The court ruled that in light of the recent Supreme Court decisions in Heller and later MacDonald such a ban would be unconstitutional if any Federal (U.S. Government) funds were used in its planing, development, construction or operation.

    I suspect you have a good case. Follow Fred’s advise and talk to an attorney.
     
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