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April 24, 2012, 11:40 AM | #26 |
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I fully agree with Aguila Blanca.
Legal agreements (of which a lease is one) need to be exhaustive- that is, if there is a rule which is expected to be followed it MUST be spelled out. Read the lease carefully. If firearms are mentioned as being prohibited, then they are. If they are not mentioned at all, they are not. Only that which is mentioned explicitly is covered by the agreement. If you have questions about the lease agreement, find a real estate lawyer and pay for an hour of his/her time to look it over and answer questions in plain English about that agreement. I would not recommend asking the landlord about things not mentioned... they may try to make things more restrictive than the agreement actually allows. |
April 24, 2012, 12:46 PM | #27 |
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Take Aguila Blanca's wise advice.
Read and understand the rental agreement/contract prior to signing. If no mention of firearms, you are good to go as you are only held to standards of which are in the contract you signed. If guns aren't mentioned in the lease agreement, , asking further questions is just poking the hornets nest with a stick. If there's a 'no guns policy', look elsewhere for an apartment...and please inform apartment owner/manager as to the reason. |
April 24, 2012, 02:26 PM | #28 | |
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The lease is good as is !!!
Quote:
Be Safe !!!
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April 24, 2012, 02:56 PM | #29 | |||
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Quote:
Planning on running for President? Quote:
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FWIW TX state law allows people to CCW in privately-owned vehicles without a CHL, but the circumstances for legal in-vehicle CCW are fairly restrictive, and the law does not allow you to leave a handgun in a vehicle parked on the campus of a school that prohibits firearms otherwise. (TX in-vehicle CCW is covered in other threads and I don't feel like rehashing it all here.)
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April 24, 2012, 04:45 PM | #30 | |
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Quote:
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April 24, 2012, 05:12 PM | #31 | |
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http://www.handgunlaw.us/states/newmexico.pdf
Since you're only thirteen, you're a bit limited in what you can do just yet. Quote:
Last edited by Sparks1957; April 24, 2012 at 05:18 PM. |
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April 24, 2012, 05:42 PM | #32 | |
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Quote:
And I'm suprised anyone read that already, It's not even a hour old. |
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April 24, 2012, 06:15 PM | #33 |
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...and by then, you'll have about 78-79 thousand posts on TFL at the current rate.
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April 24, 2012, 06:23 PM | #34 | |
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You cannot give your dad money to buy you a firearm. That's a straw purchase, and very, very illegal. From the back of the 4473:
Quote:
Edited to add: As Don H points out below, this applies if the transaction goes through an FFL.
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April 24, 2012, 06:26 PM | #35 | |
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Gunnut17, the plan you and our Dad came up with is known as a straw purchase and is a federal felony if the firearms are bought from a dealer. From the back of the Form 4473 that your Dad would have to complete when making a purchase from a dealer:
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April 24, 2012, 06:46 PM | #36 |
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Darn, I was really looking forward to going shooting, get a chance to bond with dad, guess my happiness will have to wait.
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April 24, 2012, 06:56 PM | #37 |
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Is it the same thing if say, I give my dad a sum of money as a gift, he uses the money to buy said gun from dealer, later, when I am 18/21, he gives the gun to me?
And if not, What if we aquire the gun in a private transaction? |
April 24, 2012, 07:17 PM | #38 |
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It's the transfer of cash that makes it illegal. If your dad simply buys the gun and gives it to you as a gift (once you are old enough to possess a handgun, which is when you are 19 as far as I can tell looking at NM law), than there is no problem.
Giving someone money and having them purchase the gun is what constitutes a "straw purchase" |
April 24, 2012, 07:35 PM | #39 |
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Enough of this off topic excursion. This thread is about guns in apartments, not straw purchases or ways someone underage can get a gun.
The next off topic post will result in the thread being closed and probably some posts being deleted.
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April 24, 2012, 11:34 PM | #40 |
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Apartment rental contracts. Remember one thing also,,.,you do NOT have to agree to everything in a rental agreement...if there is a section that you do not like, run a single line through it, initial and date it. Have the person you are contracting with initial and date the line out, then do the same to his/her copy.
A lot of rental contracts are just stationary store copies, often, a landlord will agree to a modification if it means getting his apartment rented, or not. BUT: You have to be prepared to walk if the landlord won't agree to the change(s) you want. It sounds like you do not have that problem anyway, if there is no gun clause in the rental agreement. The one thing I would worry about is you say there are going to be others in that apartment beside yourself and your gal... You want to lock up that weapon if you are not there to control it...really bad...if one of your buddies gets in trouble, and the cops show up, there is a good possibility that they will not care that the weapon is not his...keep that possibility in mind. |
April 25, 2012, 08:06 AM | #41 |
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I actually had this happen to me once. The senior leasing agent came over to do some repairs and we were pretty good friends. I had my gun on my night stand and had forgot to put it up after cleaning it. He saw it and I thought "uh oh." He said what kinda gun is that, I explained the details and showed him the rest of the arsenal. He asked if they were all legal and said the lease said nothing in it about not owning handguns/long guns and its legal in the state. I was out of the woods so if it says nothing in the lease, its legal for you to own a gun I would say its a "dont ask, dont tell matter." Thats just my opinion though. To each their own. He did trust my judgement on the legality of each gun and they did do a background check before I could move in.
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April 25, 2012, 08:21 AM | #42 |
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If it's not in the lease, then don't worry about it.
I lived in an apartment when I was going to college here in Minnesota... back in 2007. The lease said no firearms, but I pointed out that this was actually in violation of state law- our CCW law has a clause specifically stating that a landlord cannot forbit a tenant or a tenant's guest from the lawful possession or carry of firearms. |
April 25, 2012, 10:34 AM | #43 | |
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Quote:
Absent a state law (statute or court decision) prohibiting a "no guns" clause in a lease, they would generally be enforceable and be grounds for an eviction if the tenant had a gun on premises in violation of the lease.
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"It is long been a principle of ours that one is no more armed because he has possession of a firearm than he is a musician because he owns a piano. There is no point in having a gun if you are not capable of using it skillfully." -- Jeff Cooper |
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April 25, 2012, 12:16 PM | #44 |
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Lawful Contract
There's something in contract law that claims it is illegal to enter into an unlawful agreement. The law nulifies anything in a contract that is unlawful. If the 2nd Amendment is the "Supreme law of the land", and it is, then anything that contradicts this law is unlawful and cannot be prohibited by contract. At least that's the way I understand it. The Supreme court ruled twice, once in Heller & again in McDonald, that citizen's have the RIGHT to keep and bear arms within their homes for self defence (the arguments of this right extending beyond the home not withstanding). The McDonald ruling applies this law against all the states & their subdivisions. This is the law - at least as I understand it. The Supreme court did NOT rule that only homeowners have this right, nor that only landlords have this right. If so that makes it discriminatory and therefore a privlege of home ownership, not an individual right. I'm not sure what to make of the homeless, according to the Supreme court the homeless have no rights and therefore all the government has to do to take all of our rights away is to take our homes away. Something VERY fascist in this conclusion and I find it very freightening if it is true........
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April 25, 2012, 12:42 PM | #45 |
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like everyone has said, no need to worry about it if it's not in the lease. even if it were i would violate it because i wouldn't care. it's not a criminal act, kinda like having a pet or smoking in a unit that does not allow it. i dont know about the legality of restricting guns in this case but any business can certainly restrict guns on their property by posting it without violating your rights.
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April 25, 2012, 12:51 PM | #46 |
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There's a whole lot you don't understand about the law and a whole lot that's incorrect in your post. I'm out right now working on my iPhone, so I'll go into it in detail when I get home to my computer.
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April 25, 2012, 01:28 PM | #47 | |||
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rts99, welcome to TFL!
There are several flaws in your statements. I've broken your post up into several sections so that I can deal with them one at a time. Quote:
Quote:
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April 25, 2012, 01:36 PM | #48 |
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It looks like Spats beat me to it. Just as well. He's a much nicer guy than I am.
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April 25, 2012, 01:37 PM | #49 |
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rts99 You have the right to waive your rights. As long as it’s voluntary, you can do it by contract.
The Constitution is a set of design parameters, or boundary conditions, for the creation of law. Laws (and contracts) regulate private society, not the Constitution. When it comes to contracts, laws also set the boundary conditions for them. In a landlord/tenant agreement, the landlord states the terms under which he will rent the property to the tenant. In that contract, he describes the various rights that he retains with respect to the property, and the rights he is surrendering to the tenant in exchange for the rent (selling you the ability to exercise rights on his property.). Basically, a "no gun" policy of a landlord ... is where he isn’t selling you the right to have your gun on his property.
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April 25, 2012, 03:12 PM | #50 | |
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apartment , complex , lease |
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