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yes nine yes nine
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2nd amend and rentals and the elderly
yes nine yes nine
Posts: 1 New Member
I rent in a senior housing facility where the contract says that I agree to not have fire arms on the premise. I don't have a car to put a weapon in. Are there any Federal or Michigan laws that countermand this invasion of my 2nd amendment rights? I am an elderly person living in a medium to high crime area and am in poor physical shape. I can't put up much of a fight any more and I am to crippled up to be able to run away. Does being a senior citizen, one of the most vulnerable class of people in America, disqualify me from the right to defend myself. Have had one situation where two thugs were setting me up: One from behind and the other from my right side and at night. I posed as having a concealed weapon and they changed courses. That leaves me angry. Next time they may be to high to care. Thanks for your input.
Replies
Yep. The thing is, you signed a contract of your own free will to rent on private property. The property owners are well within their rights to limit your right to a firearm on their property, and it's doubtful you signed under duress.
So, worst case, he could be kicked out or sued for breach of contract, right? (I'm asking, not being a smart alec.)
This hits close to home for me, because my uncle and his wife recently faced the same situation. Being a law-abiding citizen, he got rid of a small, but very nice collection of firearms he had been collecting since the early fifties. A real shame, and he has nothing but his wits for defense and fits the victim profile that the very worst dregs of society prey on.
I tried to convince him to hold onto at least one, but he is very straight-laced, so I doubt that he did.
I would think that would be the result. I'm not sure how Michigan law would handle it.
Agree with you and others here. Worst that could happen is you get ordered to leave and they would be legally justified, your having broken your lease agreement.
Living in some sort of care facility is my worst fear right now. I'm 70 and right now I'm lucky to be able to care for myself. I frankly don't know what I will do if I'm forced to go into some sort of "rest home". After my very poor knee replacement surgery in 2008 I spent a month in a "halfway" place that was the most horrific experience of my life. I will NOT go to a similar place again.
My recommendation is to find another place, maybe a co-op or something, where a standard renter's lease would be signed that had no mention of firearms. It would be cheaper than the facility you live in now and maybe you could then get in-home weekly visits by caregivers? Just a suggestion because I don't know how much continual care you need.
I wish you the best. In the meantime, if you keep a firearm in your room, who's gonna know? It's not against the law, just against the lease. I don't know Michigan law but I assume that private firearm ownership in the home/apartment is legal. However, you did sign a contract and it's specific, so that isn't illegal nor does it contravene your 2A rights. At least I think so.
Please give us a little more detail on your living arrangements. Do you live in a dormitory-type setting or a ward of some type, or do you have a private entrance type apartment? If you've got private quarters that are not shared by other residents, you'll have a few more options available to you than if you share a communal living area. Either way, the bottom line is to make a choice whether to abide by the lease restrictions and give up your right to self-defense, or figure out a way to have a deep-cover defense option in violation of the lease agreement. If the neighborhood is as hazardous as you describe, I'd strongly suggest you need to find a safer environment if possible. The main concern is to survive an encounter, or at least avoid one- - - -legal details can be addressed later, but only if you survive an attack.
Jerry
Agreed. You could be evicted. Problem is, having an eviction on your previous rental records would make it hard to find a new place.
My advice is to search immediately for a new rental facility that does not have a no-gun clause on its lease. That's the only way you'll come out ahead on this. If you keep a weapon against your lease, no, it's not a crime but it will get you kicked out fast.
I speak from personal experience. I'm retired, live mostly on SS, and I rent an apartment. Big difference is that I live in Texas. Here, the majority of leases have no restrictions on legal weapons. All basic leases here contain bans on illegal weapons (explosives, etc.) but the vast majority of leases make no mention of legal weapons (uniform Texas renter's lease).
When I moved in, my landlord wasn't a pal but I did know him slightly. About 3 months after I was moved in, he came by to see how I was doing and check my cranky garbage disposal (he had it replaced), and while we were chatting, he showed me his new Ruger .357 Mag that he concealed carry, went to his truck and brought me his Colt 1911, too. I got out 3 of my own 1911s and we talked guns for a while. A big difference from the place you live. But this is Texas.
Texas mental attitude is so pro-gun that when I signed a renter's insurance policy with my insurance company a few years ago, they gave me several sheets where I could fill in descriptions of my stereo, furniture, etc, and there was a special section for firearms that was actually print-titled "firearms" and had columns for type, caliber, serial, etc. My agent said it's important to get the complete description of all property, such as electronics and guns, including serial numbers. "Makes them easier to trace, and easier for you to get full replacement coverage." In other words, renters owning firearms is the normal, expected thing here in Texas.
You didn't say where you live. I'd recommend you shop around for a facility that allows legal firearms. Check with gun stores and gun ranges, ask them for suggestions. They may know.
Finally, go ahead and quietly keep your firearms even if it is denied on your lease, for the temporary situation. Worst case is you get evicted because you aren't committing a crime.
And, do NOT bluff having a weapon on you for self protection. This is very dangerous. If you have the weapon, get training and get a concealed carry certificate and carry the weapon if you please, keeping this from the landlord until you find a new place to live.
Let us know what happens -- we're on your side. Good luck!
Jerry
Jerry
Ah. bream says it was posted first in June but no further replies. Anybody have ideas why people do this? What is their gain?
Get legal advice to see if he would be liable is something bad happened to you because yo could not have a gun to defend yourself at home?
Don't for a second think that will stop us from answering the OP! :rotflmao:
Ive done it before on other forums not realizing it. If you are used to a fast paced forum (where a thread is buried within a few days) it is easy to scroll down before you realize you just jumped into a time machine!
Hahahahaha lmao. We love beating dead horses around here.
That's pretty much what I was going to suggest too.
:deadhorse::deadhorse:
You are correct Sir,Bream!!!!!!!!!!!!!! I just looked at the date on the upper left side of the original post. Thanks bream, I just learned something. Since the original poster hasn't been back since, could be that he/she, heeded the advice here and moved.