Re: Is is OK for tenants to store weapons in the house

Re: Is is OK for tenants to store weapons in the house by MrDan (Georgia) on November 21, 2014 @20:47

California, Minnesota, and Virginia have specific laws that prohibit landlords from imposing any kind of restriction on tenants who carry firearms lawfully. Other States that have a ‘Concealed Carry’ law affords restrictions on what areas can be restricted or banned.

'As a Landlord, you should consult your insurance company and consider the liability risks, as a restriction could cut both ways. If the landlord allows individuals to carry firearms in their buildings, the risks are obvious. But if they don’t, they might run a risk from tenants contending they weren't allowed to properly defend themselves'.

Landlords, owners and property managers do have a certain amount of responsibility to ensure the safety of their tenants and neighbors. One option to consider, instead of simply banning firearms on the premises, is to consider requiring tenants with firearms to obtain gun liability insurance, to protect themselves against lawsuits and legal liability in the event an accident or other tragedy takes place.
Landlords should also ask rental applicants whether they own a gun, and if so, what model(s). They can then require insurance.

In some States, the law provides immunity to owners of property who do not prohibit the carrying of concealed weapons on their property. If a landlord allows concealed carry on their property by others, they will not be held liable for any consequences arising from that decision. But prohibiting concealed carry on the property strips the landlord of the immunity.
Also if you wish to prohibit concealed carry on your property you must post signs and provide notices in accordance with your State laws.

And even if a landlord prohibits guns in the rental property, that prohibition often does not apply to the building or apartment’s parking lots. A tenant is allowed to keep a weapon in his/her vehicle if parked in the parking lot.

A few States allow a landlord to prohibit persons from carrying weapons on their property, but only in the common areas. The tenant has the right to go directly from the rental to their car and vice versa if they have a concealed gun permit.

The big question would be how would a landlord enforce a ban on guns? You cannot stop and frisk your tenant, nor search the tenant’s residence. What is the landlord’s liability for failure to enforce any such ban?

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Re: Is is OK for tenants to store weapons in the house by Joseph Crawford (Vermont) on January 6, 2016 @15:58	[ Reply ]

I recently had this issue with my landlord. He found out I had guns when he saw me coming from my car to my apartment with my hunting rifle after sighting it in for deer season. He was blown away and said you cannot have that here. I said are you sure, this is Vermont. He said he was positive. He was correct for the time being a property owner can restrict firearms but the property must be "private property". As for the searching on tenants apartments unless he gets you to agree to an on the spot inspection he cannot do anything legally. He actually has gotten a buddy of mine to allow him any time of the day to call him and immediately let him into the apartment to validate that his shotgun is in one room in a locked case while the ammo is in another room in a locked case. If that were me I would have told him to bugger off. He has tried to (and been successful) at sneaking it into leases. When I was switching to a larger apartment I had to sign a new lease and noticed he tried to sneak that clause in there.. I told him that I would need a 2 days because I needed to find out if that was legal to do or not. He agreed and needless to say even though he had my deposit he let another party have the apartment. Eventually he got me into another apartment but it was months later when one became available. The only reason this will fly is because property rights are right there with firearm rights... Until it's tried in supreme court for the state no decision has been made either way. I know all landlords are worried about liability. Mine included as he stated he would get sued if I shot or killed an intruder or if I had an accidental discharge where a bullet went through a wall striking a neighbor. Which I understand. I even suggested I would get firearm insurance and he said well thats great but when that money is gone they will come to me. I then even suggested I get my FFL license would he hold me to a higher standard. He never replied but I also found out that you cannot get an FFL unless you own the location property :) Living in the grand laid back state of Vermont I will soon be having to find a new rental property or try to get into my own home by the time my lease terminates. Also please be careful on the advice you are giving above. I read the same article which stated that California, Minnesota and Virginia all prohibit a landlord from restricting. I have not found that to be true as I cannot find a CA statute proving so, neither have attorneys that have researched the topic. I have been doing a lot of research on this over the last few months and here is the states I have found which currently prohibit (probably not a full list). Minnesota  https://www.revisor.mn.gov/statutes/?id=624.714 Ohio  https://legiscan.com/OH/bill/HB147/2015 Virginia http://law.justia.com/codes/virginia/2006/toc5500000/55-248.9.html I firmly feel all states should prohibit this but that all states should also relieve the landlords of any responsibility stemming from incidents that do occur. I also believe that insurance should be a requirement in a rental property.

Re: Is is OK for tenants to store weapons in the house - Landlord Forum thread 327739