Not allowing Fire Arms?

67 Replies

hello Everyone!

can i use in the lease agreement rule that no fire arms  can be stored at the property? 

You probably can but why go out of your way to eliminate military and law enforcement tenants? They are usually pretty good. 

This may be infringing on someone's 2nd amendment rights.

I would consult an attorney before doing this.

I don't prohibit them. One of my tenants is a LEO and they have been with me longer than anyone. I am curious why the paranoia over firearms?

Such a clause would not be enforceable and would likely land you in legal hot water if you did try to enforce it...

Finding good tenants can be difficult enough without making certain their political views align with yours.

I’d say no. That’s a discrimination lawsuit waiting to happen. Regardless of how anyone feels about firearms fact is they are legal to own in the United States l. It’s best to stay out of your tenants personal life choices.

thank you all! I think I have my answer :)
@John Thedford John, this came more as a concern for my liability. actually, I was putting in "no trampoline" clause in my lease and firearms came to my mind as far is as my liability, but violation of 2nd amendment is pretty serious thing to consider. and many people are right, it may come as taking sides in politics, which has no place in business. thank you John!
Originally posted by @Tatyana M. :
@John Thedford John, this came more as a concern for my liability. actually, I was putting in "no trampoline" clause in my lease and firearms came to my mind as far is as my liability, but violation of 2nd amendment is pretty serious thing to consider. and many people are right, it may come as taking sides in politics, which has no place in business. thank you John!

 I MAY be a little biased because I am in the machine gun business as well as RE

@Ryan Murdock thank you Ryan, this is pretty interesting. I definitely feel now I should stay clear of this one, there is a lot of passion in 2nd amendment rights. the ironic thing is that I'm considering to get myself a firearm for protection, so why should I deny anybody to make feel themselves/ family more secure.

@John Thedford Personally, I have no problems with guns in the hands of law-abiding citizens but I'm also biased since I grew up around guns (my dad was a police officer). =)

Originally posted by @Tatyana M. :
@Ryan Murdock thank you Ryan, this is pretty interesting. I definitely feel now I should stay clear of this one, there is a lot of passion in 2nd amendment rights. the ironic thing is that I'm considering to get myself a firearm for protection, so why should I deny anybody to make feel themselves/ family more secure.

 Get proper training and practice weekly for a few months until you are comfortable with it. Then practice maybe once a month to stay familiar with it. Take an NRA safety course.

Many states allow businesses to prohibit firearms on premises. The 2nd Amendment applies to the government infringing on ones Right to bear arms and does not apply to private property. Each state has different laws for tennants rights as well as property rights. It is YOUR property and you should be able to set the perimeters for the lease, as long as it complies to state and local law. My personal view is that gun owners tend to be relatively responsible people so there's no reason to alienate a large % of your potential tenant base. Also, as been mentioned LEOs and military can be great tenants. 

I would not bother trying to ban tenants from having firearms. Having firearms on your property may slightly increase your turnover rates due to accidental shootings but based on what I know of gun owners if there was a ban in your lease they would very likely all ignore it.

Extremely unlikely any would respect the lease. Imposible to inforce.

@Thomas S. higher turnover, this is serious!!! ha ha it was very good, Sir!

Slightly higher.

Statistically it is a fact that having a gun increases the odds of accidental shooting and suicide by gun.

Statistically fewer tenants die from collecting stamps or reading a book.

Tenants die I just don't like having to deal with the mess created by a bullet to the head. I wish they were considerate enough to do it in the parking lot in their own car.

I’d agree with with most posters here. You don’t want to turn away law enforcement and the majority of gun owners are responsible.

Stating they must registered per state law and locked up may offer some additional strength to any clause you have on illegal activity ( if you are mainly after illegal activity). As an employer you can prohibit them so I am not sure why you couldnt prohibit them in housing the tenant doesnt own. They can keep arms they just need to live somewhere else. However, Its not something you could/would easily enforce so why get into it.

I have a retired deputy, and a retired federal law enforcement officer in my apartment building, both are women by the way, I never bring up the subject, and the tenants who know about it feel safe! LOL

Even if you did prohibit your tenants from having guns, I feel the "good" tenants would follow the rules or not rent from you and the "bad" tenants with bad intentions wouldn't care and would have them anyway.  Basically, criminals don't follow laws/rules.

@Tatyana M. You should definitely talk to a real estate attorney if you want to do this. Have not seen this in any lease I've come across before. And yes, it could be a violation of the 2nd amendment. 

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