Discussion Time: Can Corporate Landlords say NO to guns?

CHBO’s goal when we started this blog a number of years ago was to make the blog as educational as possible – our goal was not to state our opinion but rather to give information to you that would allow you the necessary knowledge to be as successful as possible with your property rentals and if you are new to the blog don’t just read this post but look back at the archives and read more.

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This was posted on All Property Managent this week…

Can Corporate Landlords Limit Their Tenants’ Second Amendment Right to Bear Arms?

By Tracey March.

Every day in our country about 289 people are shot, some deliberately and some by accident. A gun in the home is 22 times more likely to be used to kill or injure someone in a domestic murder, suicide, or accident than to be used in self-defense. (From the Brady Campaign to Prevent Gun Violence.)

Given these troubling statistics, many landlords and property managers have been wondering if their property rights allow them to limit gun ownership in their rental properties without violating the Second Amendment right to bear arms. The answer is yes. The Second Amendment is a limit on government power, not a limit on private citizens. And if a private citizen landlord wants to ban guns in his or her rental properties, there is no Second Amendment violation.

Gun owners who are told they can no longer keep their guns may claim they are being discriminated against, but they will find no support in fair housing laws as gun owners are not considered a protected class under those rules.

However, if you do want to limit or prohibit firearms on your rental property, implementing and enforcing those policies could be difficult. Landlord tenant law requires you to wait until the end of each tenant’s lease and include the limit or ban in the new lease or in a set of House Rules that your tenants sign when they renew.

And what if you suspect your tenants are keeping a firearm in a rental unit, in violation of your established policy? You might have a hard time verifying that a gun is being stored on the premises because state privacy laws may prevent you from doing an inspection. However, if you do have proof of a violation, and your tenants have agreed in the lease to abide by your policy, you can initiate an eviction.

Finally, a limited number of states, like Minnesota, have enacted laws that prohibit landlords from limiting tenants from owning firearms, so if you are thinking about limiting or banning firearms on your rental property, make sure that doing so won’t violate your state’s laws.

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1 Comment

  1. Grapost
    December 29, 2015

    “Finally, a limited number of states, like Minnesota, have enacted laws that prohibit landlords from limiting tenants from owning firearms,”

    The keyword is “owning”

    The Minnesota Law says a landlord ” may not restrict the lawful carry or possession of firearms by tenants or their guests.”

    It doesn’t say the landlord can’t restrict them bringing them onto their property. Property owners have Constitutional Rights too, and the right to control what is brought onto their property. Property Owners rights have always superceded 2nd Amendment rights. You can’t take a gun to work onto the property of your employer can you?

    The Tennant can own as many guns as they want to and possesss them anywhere they are legally and NOT prohibited, BUT they can’t bring them onto somebody else’s property or store them on somebody else’s property, without permisson or the property owner and especially if they singed a lease agreeing not to.

    Reply

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