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Old May 31, 2012, 07:55 AM   #68
Spats McGee
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Join Date: July 28, 2010
Location: Arkansas
Posts: 8,821
jason_iowa, I would agree that it is possible that the State of Iowa has a state law prohibiting apartment owners from putting "no firearms" clauses in their leases. (Bear in mind that while I am an attorney, I am not licensed in Iowa. Accordingly, I have not researched Iowa law on this issue.) However, I have never seen a citation to a statute prohibiting such clauses. If you know of such a statute, point it out, and I'll gladly stand corrected. Until that happens, though, I maintain that landlords are within their rights to put such a clause in their leases. The Constitution does not mandate that a private landowner must allow arms on is or her property. It is really no different than a homeowner deciding that guns will not be allowed in his or her home. Their property, their rules.

The State's position on early termination clauses for cell phones has no bearing on the firearms issue. Whether any particular lessee "would rather be alive and looking for a new apartment then dead and a good tenant" is also irrelevant to the issue. I mean absolutely no disrespect in saying that, but the discussion of what you, I or any other person would prefer just doesn't have any impact on a property owner's right to dictate or mandate a given course of conduct.

ETA: I did a cursory search of Iowa's laws here: http://search.legis.state.ia.us/nxt/...fn=default.htm and was unable to locate any statute prohibiting "no firearms" clauses in lease agreements. That doesn't mean it absolutely isn't there, but I could not find it.
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Last edited by Spats McGee; May 31, 2012 at 08:17 AM.
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