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Question About Weapons In a Apartment.

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  • swsmailman

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    Jan 22, 2010
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    I live in a apartment across the street from University of Texas - Tyler, They are owned by a company called place property, not associated with the university at all. When I was reading the lease they said I cannot have any kind of weapons in my place, I pretty much said "HA That's not happening" I have 3 samurai swords on a stand in my bed room along with other knives and other sharp weapons in my closet.

    Ok, the main reason I am asking this is because I am wanting to buy a Mossberg 500 for HD here. This place is not a horrible place to live, It's actually great place to live, great rent, great management, and since being by the Uni, Tyler PD and City Marshall's are always doing patrols around here, and the Uni PD is like 1 minute from me.

    I am just wanting a Plan B for myself for when someone decides to knock on my door and really want in. A shotgun being pumped is a sound I would not want to hear when trying to enter a home if i was a intruder.

    I plan on keeping the gun in a closet that is in my bed room which cannot be seen since the bed room door covers it up when its open.

    Is there anything that gives them the right to come into my apartment and search for weapons?
    Is there anything that I could do if that was to happen?
    What could they do if they came in and said I had "contraband" so to speak?

    I highly doubt that would happen but I just want to know.
    Lynx Defense
     

    jordanmills

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    I'm pretty sure a lessor can't prohibit things like that. Someone with experience or a law degree can tell you a lot more than I.

    They can't come in to search, but there are other reasons they could come in. Mostly maintenance. I believe they have to give you notice unless it's an urgent issue like a broken pipe.
    There's nothing you can do if they have a valid reason.
    I'm pretty sure they can't do jack if you have "contraband".
     

    Texas42

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    My lease says, "illegal weapons." Hopefully your says the same. Can't help any more than that.
     

    swsmailman

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    Mine says.....(i should go read it again) but I want to say no weapons or anything that can harm. And maintenance has been into my apt. here and there for different reasons and I am sure they have seen the swords on the stand.
     

    swsmailman

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    Just found my Contract and here is the exact wording, No Joke.

    Under Conduct of Resident
    (iii) display, discharge, or possess, a gun, knife, or other weapon in a way that my threaten or alarm others or Roomates 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.

    Yep that is what is says, and they must of had some problems with ninjas at one point.
     

    Texasjack

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    You're reading it wrong. The key part is this: "... in a way that may threaten or alarm others...".

    Owning swords or a shotgun does NOT constitute a threat to others. If you start waving it around or showing it off on the balcony, they can threaten to enforce the contract.

    Mind you, I am NOT a lawyer and wouldn't pretend to be one. (If for no other reason than my mother would disown me.) You may want to check with a lawyer on that, just to be on the safe side.
     

    swsmailman

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    You're reading it wrong. The key part is this: "... in a way that may threaten or alarm others...".

    Owning swords or a shotgun does NOT constitute a threat to others. If you start waving it around or showing it off on the balcony, they can threaten to enforce the contract.

    Except for the part where it says Possess at the beginning, thats the problem with it.

    Anyone know a lawyer??? Ha.
     

    TexasRedneck

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    They're wording it for the armchair lawyers - "I wasn't holding it, I just put it in my window...."

    They'd have a hard time denying you a constitutionally-guaranteed right.
     

    chopper

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    They could decided to evict you or at the least raise your rent or in some other manner generally make you living there horrible enough to make you want to move out.
    remember they actually own the propertyand set forth the rules by which you agree to when signing the lease. I would suggest talking to a lawyer and/or talking to the landlord to find out why that is in the lease...maybe they are worried about a ND going thru the floor or ceiling into another apt unit.
    try to work with the landlord 1st rather than hiding or demanding.
    At least try to get him to re-word the rule to be more clear. add a pen or pencil to the list as that is a real deadly weapon,
     

    swsmailman

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    They could decided to evict you or at the least raise your rent or in some other manner generally make you living there horrible enough to make you want to move out.
    remember they actually own the propertyand set forth the rules by which you agree to when signing the lease. I would suggest talking to a lawyer and/or talking to the landlord to find out why that is in the lease...maybe they are worried about a ND going thru the floor or ceiling into another apt unit.
    try to work with the landlord 1st rather than hiding or demanding.
    At least try to get him to re-word the rule to be more clear. add a pen or pencil to the list as that is a real deadly weapon,

    Thanks for the idea, Ill probably go talk to them Wednesday because I am wanting my carpets cleaned.
     

    jordanmills

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    Thremember they actually own the propertyand set forth the rules by which you agree to when signing the lease.

    While this is somewhat true, they can't force you into certain things depending on law and precedent. They can't, for example, say "no negroes allowed"... well they can say it, but they can't enforce it.
     

    ZX9RCAM

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    I would be inclined to treat it like a "non" 30.06 sign.....don't worry about it until they verbally tell you to remove the weapon(s).
    Of course, don't go around flashing stuff & you might want to take the sword display down.

    my .02
     

    Young Gun

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    I still think you are interpreting it wrong. You aren't allowed to posses a weapon of any kind if it is going to be used/displayed in a manner which may alarm or frighten other tenants. Makes sense to me, you can't own a gun if you are using or displaying it in a manner that frightens others. IT doesn't mean you can't own it at all, there is a clause at the end of the sentence/contract that you have to take into consideration when reading it as a whole.

    More than likely, you can have a cannon mounted above your fireplace, and it wouldn't be a problem until another tenant sees it and complains about it. This is the way it is at my apartment complex, management doesn't really enforce ANY rules until another tenant complains. Parking for example, it is assigned and paid for. People still park wherever they want. When someone parked in my space several days in a row I took it to management, and they promptly towed the car. I haven't had a problem since, but they didn't bother towing the half dozen other cars parked in wrong spots.

    I have a rifle, pistol, maybe a dozen knives, and several fighting sticks in my apartment and it's never been an issue as far as maintenance/management. When I did have swords, displayed on my dresser and hung on the walls, it was also not an issue. But I don't have those anymore.
     

    SC-Texas

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    in a way that may threaten or alarm others or Roomates

    Looks like you can have them perthe terms of the lease, just not do something that MAY threaten or alarm.
     
    Every Day Man
    Tyrant

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