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I need help! Loaded gun in apartment?

Okay my husband signed a lease that says we can't have a loaded gun in our apartment. But what are we supposed to do for saftey? I sleep alone, cause he works nights. Having a loaded gun made me feel safe, so what am I supposed to do if someone ever breakes in? We don't exactly live in the best neighborhood. Is it even legal for they to tell us what to do like that? Also what if my husband gets his conceal carry permit? Then what? Can they evict us if they find out that we have the loaded gun? Thank you for any imput,but please only helpful.

Update:

Okay my husband signed a lease that says we can't have a loaded gun in our apartment. But what are we supposed to do for saftey? I sleep alone, cause he works nights. Having a loaded gun made me feel safe, so what am I supposed to do if someone ever breakes in? We don't exactly live in the best neighborhood. Is it even legal for they to tell us what to do like that? Also what if my husband gets his conceal carry permit? Then what? Can they evict us if they find out that we have the loaded gun? Thank you for any imput,but please only helpful.

Also I am good with a gun, my husband and I go shooting several times a year. But he owns more than 20 guns, it is a revolver that we have for home defence. The maintanece guys can go in to the apartment any time they want. As for the locks we just have a very simple twist deadbolt. We have a chain on the door, but if I put it on then he can't get in the door after work. He is also wanting to get his permit soon. But doesn't have it yet.

Update 2:

Also I am good with a gun, my husband and I go shooting several times a year. But he owns more than 20 guns, it is a revolver that we have for home defence. The maintanece guys can go in to the apartment any time they want. As for the locks we just have a very simple twist deadbolt. We can not have any other locks on the door. We have a chain on the door, but if I put it on then he can't get in the door after work. Also we have an alarm that if you don't put in the code within 45mins, then it sounds really loud. He is also wanting to get his permit soon. But doesn't have it yet. Also the lease did not say anything when we signed the original 4 years ago, and this time they did not even give us a lease to read, just a paper to sign. So we did not know that until I asked them today. Thanks again for all the helpful answers.

36 Answers

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  • 1 decade ago
    Favorite Answer

    Wait...you signed a contract KNOWING you weren't going to abide by it?

    And... the answer is YES. They, the property management, CAN place restrictions in the lease. Depending upon how the lease reads EXACTLY the key to this restriction is the word "loaded". Meaning you can keep an unloaded gun with a clip or speed loader nearby - It will be hard to prove either way.

  • 1 decade ago

    I have to answer in response to the previous wrong answers.

    Yes, the landlord can evict you for having a loaded gun. As far as the second amendment incorrect answer about right to bear arms...you have the first amendment right to assemble as well, but the landlord can evict you for having too many people over at your apartment. More than likely the landlord added this clause only for liability purposes and would not evict you even if he/she believed you had one. As long as the landlord puts this clause in the lease and does not know you have a gun, another tenant will have a hard time suing the landlord if you accidently shoot them through the wall.

    In response to the answer about the Florida case where the home owner was liable for shooting the intruder...why does everyone think they are a lawyer???????? This response is incorrect, there were other rationale for this court's decision if this truly was an actual decision and not something recieved in an email forward. I don't pretend to know how to practice medicine, build bridges, bake a cake, repave a road.....why does everyone think they know how to do what I do for a living?

  • ?
    Lv 4
    5 years ago

    A revolver is the easiest to load/unload and you don't have to worry about rounds getting jammed. If one round doesn't fire, just pull the trigger again and the next round will come up and fire. If you're going to defend yourself with a gun, be fully prepared to shoot to kill. You won't be a good enough shot to "shoot to deter". Aim center-mass if you feel your life is in jeopardy. It's the easiest spot to hit and has the best chance of stopping an attacker. Don't dilly-dally around trying to hit an arm or a leg if your life is in danger. Shotguns have the best "spread" meaning that you've got a better chance of hitting the target with a shot since the pellets will spread out after exiting the barrel. But be prepared for the kick. Fire a shotgun improperly and you just might find yourself with a separated shoulder or other muscle/bone damage. A .357 revolver, while having some kick to it, provides the bonus of being able to use .38 rounds (which are cheaper but also less powerful) for practice and saving the .357 rounds (which are far more expensive and have far greater stopping power) for self defense. No matter what you do, GET LEGAL AND FORMAL TRAINING. If you pull the weapon and don't know how to use it, there is a high probability that either the weapon will get taken from you and used against you or the attacker will use a weapon of their own to kill you. Make sure to REGISTER the weapon. Know the laws in your state regarding the use and carrying of that weapon. Contact your local PD for information. (That information might also be provided during the training, if not when you purchase the weapon.)

  • 1 decade ago

    Loaded means round in chamber. By legal standards. I have a carry permit and I don't even carry fully loaded most the time. It only take 1 sec to pull the slide and load. Revolver is different but I don't do revolvers. They can tell you you can not have a loaded gun they can also tell you cant have a gun on the grounds of a rental property if you signed the lease stating this. Remember that rentals are the property of the renter and is privet property.

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  • 1 decade ago

    They can include that in a lease and if you signed it then yes they can evict you for it. First they have to give you some sort of notice to fix the problem before they would be able to try to evict you. We once signed a lease agreeing to 'no smoking' in the house. We smoked outside and the garage in the winter. But Yeah if you signed a lease agreeing to not having a loaded gun then that is part of the agreement. How would they ever find out anyway? No One except you and your husband should know you have it. If you are in a bad neighborhood and a neighbors finds out about it You might get robbed just to steal the gun! Hopefully you would never have to shoot anyone so your landlord would never know

  • Chula
    Lv 4
    1 decade ago

    Call the police if someone breaks in. Get an alarm system.

    The better question to ask is what are you going to do when an unarmed intruder overpowers you and takes that gun?

    Your landlord will probably never know about the gun unless you tell him. Seriously, guns aren't toys. Your kidding yourself you think it will protect you. And, btw, if you shoot someone EVEN if they are breaking into your house and they don't have a gun - you can be charged.

    It happened recently in Fla. A guy broke in, the homeowner shot him and because he didn't have a weapon - the homeowner was charged with a CRIME.

  • 1 decade ago

    Yes they can evict you and yes it is legal for them to do that. As for safety, install good locks on your doors. And there's no rule that says you can't have a baseball bat or a sword or a machette or anything like that. So go out, buy a bat or a sword or somethin and if someone ever does break in just beat the hell out of them with it :)

  • 1 decade ago

    It doesn't have to be loaded for you to make use of it.

    As long as you keep a clip handy, you don't need to worry about it. Even then, a lot of times the very sight of seeing a gun pointed at an unarmed burglar is enough to scare the burglar away. If you're really concerned, however, I'd say just keep the gun and ammunition separate until you really need them.

  • Anonymous
    1 decade ago

    If it's lawful to own a handgun in your state then it's almost certainly lawful to possess it in your apartment unless there's a city ordinance to the countrary.

    Call a tenant's rights attorney to confirm this. You should be able to get an answer over the phone. If what I'm suggesting is true, the attorney may advise you to ignore the clause in your lease or to inform your landlord that the clause is null and void, cannot be enforced, and that you will not comply with it.

  • Annie
    Lv 5
    1 decade ago

    It would seem reasonable to say keep one but if lord forbid you had to use that gun you could get evicted for breaking the contract. Since it is for your protection ask your landlord if you could keep the gun-explain the situation and ask. If you and your husband have a permit then legally you can have a gun.

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