Question About Weapons In a Apartment.

[txinvestigator]

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.

The contsitution restricts the government, not property management companies.

 

[txinvestigator]

30.06 from the management company does not apply in the case of rental property. If you actually violate the lease they can take whatever remedies are in that lease. (eviction, etc) But it is not criminal.

 

[Big country]

But by the lease terms if he used the weapons to protect himself from a violent intruder wouldn't that break the terms of the lease?
And while we're going about this and Sean is here. Is the leaser legally able to prohibit the possession of a weapon of any kind (firearm, knife etc..) on the property that they own and lease to a tenant if it is in a properly drafted and signed lease or other legal document that has terms regulating the tenants lease?
EDIT: Looks like I was typing to long and TI answered my question. I was pretty sure that in the signed lease they could set whatever terms of residence they wished as long as you signed it.

 

[swsmailman]

Thanks everyone for the suggestions and ways to deal, I will probably still buy the gun and keep it here, It is just going to be in a place that is hidden but easily accessible, Since I have lived here for almost 2 years and am never late on my rent and have never had a complaint against me, I have a feeling they would work with me before evicting, If they did find out and wanted me to remove it, I can remove it to my mom's or grandma's house.

 

[TexasRedneck]

If they did find out and wanted me to remove it, I can remove it to my mom's or grandma's house.

That would be AFTER the television and radio interviews about how a private company forced you to disarm yourself, right?

 

[swsmailman]

That would be AFTER the television and radio interviews about how a private company forced you to disarm yourself, right?

Yep for sure!

 

[Big country]

Good luck with getting a story like that on TV. LOL I bet their are still some radio shows that are not run by complete wack jobs yet.

 

[Al Swearengen®]

Have you discussed this with the manager?

 

[swsmailman]

Have you discussed this with the manager?

I really don't want to, because then they will know that I will probably have one, even if they say no.

 

[kingofwylietx]

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

If you look at what I highlighted and re-read the text, you will notice it does not prevent you from owning or possessing these items. This is worded in such a way that if you threaten or alarm others with these items, you may be evicted. It does nothing in regards to private ownership or possession. They are not restricting your rights, but rather giving themselves an avenue of eviction if you use them to threaten or alarm roomates or others. You have to read documents in their context.

Go get your shotgun and stop worrying about this, it does not address your ownership. It only addresses threatening and alarming.......

 

[Al Swearengen®]

What if you "casually" mention it? Like, "Manager sir/ma'am, what do you mean by no weapons in the apartment? I play baseball and keep a baseball bat in the closet, is that considered a weapon?"

The thing is most folks here in Tyler...pretty most of East TX are hunters. Take the 323 Loop and go south on Front St., and you'll see a meat market that has a huge sign: "We skin DEER!."

 

[swsmailman]

I think Ill go as the, wanting to keep a rifle i use for deer hunting person.

 

[Texas42]

If you look at what I highlighted and re-read the text, you will notice it does not prevent you from owning or possessing these items. This is worded in such a way that if you threaten or alarm others with these items, you may be evicted. It does nothing in regards to private ownership or possession. They are not restricting your rights, but rather giving themselves an avenue of eviction if you use them to threaten or alarm roomates or others. You have to read documents in their context.

Go get your shotgun and stop worrying about this, it does not address your ownership. It only addresses threatening and alarming.......

I'm not a lawyer, but this is how I read it.

 

[Eli]

(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.

Sounds like they just don't want you waving the thing around. For example, if I took my rather large Turkish Mauser, affixed the rather large bayonet, and proceeded to run around the complex screaming "allahu ackbar" it might tend to alarm others and be grounds for eviction. Keep it cased or concealed during transportation and you ought to be fine. Mounting an M2 .50 on a tripod aimed out the window where it can be sen would also probably be a bad idea, I bring that up because I once met a guy that did so.

Eli

 

[kingofwylietx]

I think Ill go as the, wanting to keep a rifle i use for deer hunting person.

See the last post on page 3 of this thread.....I think you missed it.

 

[swsmailman]

See the last post on page 3 of this thread.....I think you missed it.

Yep missed that, thanks for all the help guys, I might be going and getting either this week or next, unless I decide to get a mosin.

 

[TexasRedneck]

Wylie, that's what I was trying to tell 'em....

 

[KellyAsh]

Look at it like this and see if it makes sense. If they wanted to keep all guns and swords, and the like, out of their apts altogether they wouldnt have all the additional verbage. It would have read something more like this:

Under Conduct of Resident
(iii) display, discharge, or possess, a gun, knife, or other weapon 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.

The additional verbage...in a way that my threaten or alarm others or Roomates...makes the difference.

 

[APatriot]

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.

Ok. We need to grow some. Years ago I was living under the same scenario as to a lease. You are not violating your lease by having a firearm(s) in your apartment for personal defense. Start or continue your gun collection and use your apartment for storage. You have absolutely nothing to worry about.

 

[thorkyl]

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.

That's actually well written.
What it says if you " in a way that my threaten or alarm others"
In otherwords if you violate the State statute they can evict you, thats all it is there for.