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absolute zero
The Hero

Registered: 11/04/01
Posts: 796
Loc: 127.0.0.1
Last seen: 11 years, 11 months
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Lease banning guns on premises constitutional?
#5910770 - 07/29/06 12:22 AM (17 years, 9 months ago) |
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Ok, so I'm posting because I just had a heated debate with my neighbor concerning the terms of our lease.
<absolute_zero> under the seciton "Tenant Obligations"... it says "14. To refrain from keeping or allowing guests to keep or bring into the building any guns, ammunition or archery equipment of any type."
<absolute_zero> He disagreed that the landlord could specify in a lease that firearms are not allowed on the premises... he said that goes against constitutional rights... I told him that you are able to sign away your rights when you enter a contract... just like a non-disclosure agreement limits your free speech
<absolute_zero> the tenant and landlord come to an agreement about the terms of rental...
<absolute_zero> they can't really "prevent" you from doing it, but there are consequences
Another individual I talked to claimed that this would be an "illegal lease", which I also disagree with...
I was able to find an article talking about the sheriffs office banning guns in some trailer park rental thing associated with FEMA after the hurricanes down south... I also found a lease for living in dorm buildings on a campus in Idaho which had a no weapons clause as well...
So, what do you think?
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Yamidude
Stranger

Registered: 06/15/06
Posts: 957
Last seen: 15 years, 8 months
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Re: Lease banning guns on premises constitutional? [Re: absolute zero]
#5910819 - 07/29/06 12:39 AM (17 years, 9 months ago) |
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I really don't know the true legality of it but i would assume that if you put it in a contract and someone signs it, that it is legally binding that you agree to not bring guns on the property. Sure it is a constitutional right to bear arms but by willfully signing a legal contract you are waiving that right..
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Silversoul
Rhizome


Registered: 01/01/05
Posts: 23,576
Loc: The Barricades
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Re: Lease banning guns on premises constitutional? [Re: absolute zero]
#5910881 - 07/29/06 01:03 AM (17 years, 9 months ago) |
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Your Constitutional rights are pretty much null and void on private property. A private property owner can limit free speech, gun possession, or just about anything else on his or her property, unless it's public access, such as a mall.
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Seuss
Error: divide byzero


Registered: 04/27/01
Posts: 23,480
Loc: Caribbean
Last seen: 3 months, 8 days
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Re: Lease banning guns on premises constitutional? [Re: Silversoul]
#5911042 - 07/29/06 02:38 AM (17 years, 9 months ago) |
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> Your Constitutional rights are pretty much null and void on private property.
Not at all. Just because I am on private property does not mean that I must incriminate myself if a cop questions me, for example.
> So, what do you think?
I think it is a very interesting question. Some states give a lot of rights to the tenant while other states give a lot of rights to the property owner. Half of me wants to say the gun owners can live elsewhere if they wish while the other half says I have the right to a gun the same way I have a right to vote. A property owner cannot tell me how I must vote if I live on their property, so why should they be able to restrict other constitutional rights?
> Sure it is a constitutional right to bear arms but by willfully signing a legal contract you are waiving that right.
The question isn't about waiving rights, but rather being forced to waive rights in order to rent property. Take it farther... what if the property owner doesn't want to rent based on skin color, or having children, or political standing, or something else other than guns. Where do the rights of the property owner end and the renter begin? Not an easy question to answer.
-------------------- Just another spore in the wind.
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Trepiodos
Disgustipated


Registered: 06/30/06
Posts: 469
Loc: Los Angeles County Jail
Last seen: 14 years, 7 months
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Re: Lease banning guns on premises constitutional? [Re: absolute zero]
#5913441 - 07/29/06 10:57 PM (17 years, 9 months ago) |
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A lease is a contract to use the owner's property. The owner can set what conditions he or she wants, If you agree to the lease you are obligated to abide by the conditions of the contract. I would live someplace else if at all possible.
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And as things fell apart, Nobody paid much attention... - David Byrne, '(Nothing But) Flowers' from the Talking Heads' album, 'Naked'
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trendal
J♠


Registered: 04/17/01
Posts: 20,815
Loc: Ontario, Canada
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Re: Lease banning guns on premises constitutional? [Re: Seuss]
#5914654 - 07/30/06 10:58 AM (17 years, 9 months ago) |
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The question isn't about waiving rights, but rather being forced to waive rights in order to rent property. Take it farther... what if the property owner doesn't want to rent based on skin color, or having children, or political standing, or something else other than guns. Where do the rights of the property owner end and the renter begin? Not an easy question to answer.
I'm not sure how it works down there...but in Canada a property owner can discriminate based on race, skin color, sex, age, or really whaterver they want as long as he/she also lives on the property.
For instance when I was searching for student accomidations while in school, there were quite a few units up for rent that had stipulations like "females only" or even "asian persons only". At first I thought it was a total breech of the Charter of Rights...but then I found out that if the property owner also lives there with his family...he can dictate 100% who he allows to rent his property.
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Once, men turned their thinking over to machines in the hope that this would set them free. But that only permitted other men with machines to enslave them.
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Diploid
Cuban


Registered: 01/09/03
Posts: 19,274
Loc: Rabbit Hole
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Re: Lease banning guns on premises constitutional? [Re: trendal]
#5914663 - 07/30/06 11:03 AM (17 years, 9 months ago) |
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When I was in school, it was common to see posters asking for female-only roommates. Same for restrictions on pets.
That said, not all contracts are legal. You can't sign a contract to sell your kidney, for example.
-------------------- Republican Values: 1) You can't get married to your spouse who is the same sex as you. 2) You can't have an abortion no matter how much you don't want a child. 3) You can't have a certain plant in your possession or you'll get locked up with a rapist and a murderer. 4) We need a smaller, less-intrusive government.
Edited by Diploid (07/30/06 11:10 AM)
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