Is this legal?

**Big Dozer** · Posted On: 5/13/2009 8:24pm

OK I am considering moving(Not a big fan of student housing) and several places say that I am not allowed to have firearms if I move in. No I am not talking about having a roommate, the actual complex says no guns allowed. Is that even legal? or even constitutional? You know right to bare arms and what not. If I move out of student housing I want to go pick up my guns. But I keep reading adds that say no guns.

**Wounded Ronin** · Posted On: 5/13/2009 8:57pm

People can declare whatever rules they want on their private property. That is why casinos are allowed to kick you out for doing too well at their games.

**Phrost** · Posted On: 5/13/2009 9:45pm

Yeah, private property trumps rights in many circumstances.

**jspeedy** · Posted On: 5/13/2009 10:41pm

What if you have a permit? Can you still bring your gun on private property (that you pay for) even they don't "allow" it?

Hold on....lightbulb here. I just though about it though. They probably make you sign a contract that you "agree not to bring a gun...." so if you violate the contract they can probably kick you out. Thoughts? Comments?

**jspeedy** · Posted On: 5/13/2009 10:45pm

Originally Posted by Wounded Ronin

People can declare whatever rules they want on their private property. That is why casinos are allowed to kick you out for doing too well at their games.

I'm not sure on this (and too lazy to double check) but can't business owners reserve the right to refuse business to anyone they want (or something like that)? Which is why bars can kick out drunks and what not. It still allows for business owners to get away with a lot but I think it's a far cry from- "People can declare whatever rules they want on their private property".

BUt, if you still had a permit couldn't you bring your concealed weapon into McDOnalds or any non-alcohol serving establishment?

**adouglasmhor** · Posted On: 5/14/2009 4:51am

Originally Posted by Big Dozer

OK I am considering moving(Not a big fan of student housing) and several places say that I am not allowed to have firearms if I move in. No I am not talking about having a roommate, the actual complex says no guns allowed. Is that even legal? or even constitutional? You know right to bare arms and what not. If I move out of student housing I want to go pick up my guns. But I keep reading adds that say no guns.

I hope you are not studying English.

**BadUglyMagic** · Posted On: 5/14/2009 8:56am

Originally Posted by Big Dozer

OK I am considering moving(Not a big fan of student housing) and several places say that I am not allowed to have firearms if I move in. No I am not talking about having a roommate, the actual complex says no guns allowed. Is that even legal? or even constitutional? You know right to bare arms and what not. If I move out of student housing I want to go pick up my guns. But I keep reading adds that say no guns.

If you are not a member already, join the NRA or Gun Owners of America. Ask them.

Contact an attorney and pay for the 15 minutes it will take for the answer.

The owners are probably looking to avoid legal liability in the event of an accidental discharge or mass shooting.

Property and contract laws vary by state. IMO, the interesting part is that you have a private entity denying the right to bear arms in a residential environment. Once you rent the place it becomes your home. What if any legal recourse do you have if you are the victim of a home invasion/burglary/neighbor goes insane and are injured as a result?

**omoplatypus** · Posted On: 5/14/2009 10:09am

i don't know about cali, but in missouri a business can post a clear sign with a large font that states no guns allowed. if you are found with a gun (even with a concealed carry permit) they can request that you leave immediatly. if you don't, then you can be charged with trespassing. it is not a crime (in this state) to violate a private property posting for no weapons except for certain places (churches, schools, bars, govm't buildings).

as far as renting property goes, as long as you can legally posses it, you can have it in your apartment. however, that right is not automatically extended to apartment ammenities such as the pool/clubhouse area, laundry facilities, basketball court, etc.

the first apartment i rented in st. louis had a huge no guns allowed sign on the door of the rental office. i asked if they ment no guns in the office, or i couldn't have my 12 gague in my apartment. i was then reassured that once the lease was signed, the apartment was my legal residence and my constitutional rights would be protected.

i know cali is more strict with firearms, but you shouldn't have problems with renting and owning a firearm.