# weapons in apartment



## marshhunter (Mar 20, 2008)

so in my apartment i had my shot gun and my compound bow. and the other day the apartment complex put a letter on everybodys door saying that if you posses a weapon in you apartment you were in direct violation of your lease and that you had 24 hours to get them off of the premises. it went on to say that if you were caught with a weapon you would have 3 days to collect your belongings and move out......i have looked over my lease prolly around 3 times and cant find anything about having a weapon...so i went and talked to the managers of the apartment complex and i asked them about it and they said that they were looking into it?? but they said they wanted them off of the premises for safety reasons? so let me get this straight if i want to shoot my bow or go hunting around here i have to drive an hour to get it and then drive right back again, yes its only an hour but its still a pain in the ***:headknock.....can they make me take my weapons off of premises legally?(yes it sounds like a dumb question but i didnt sign anything about not having weapons in/on apartment/premises) 
i might also add that i live across the parking lot from blinn college in bryan, but that shouldnt matter as long as you are not on school property with "said" weapon, right?


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## deke (Oct 5, 2004)

No, they can't unless it was already in the lease that you signed. If it isn't tell them to take a flying ****. If they try to play hardball, don't back down get legal advice. Also a phone call to your areas "investigative reporter" from a local TV station. You are in a small town they would eat something like this up, IMO. Are you an NRA member? If so you can contact the ILA part of the NRA and ask for their help. They will provide free legal advice and council if necessary, they are there to fight **** like this.

I bet they are just fishing and trying to scare people. Don't know the reasoning behind it, are there alot of "undesirables" in your apartments? If so they might be the reason for this.


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## marshhunter (Mar 20, 2008)

i am a NRA member i became one when they where free for a year....anyway we dont really have to many "undesirables" but somebody here must have had a samurai sword because it said that samurai swords are weapons and blah blah blah....tomorrow i will find the sheet they handed out and will type it up word for word, im to tired to do it now.


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## Brassnadz (Jun 18, 2007)

Thats crazy. So I guess they can come in your apartment and conduct a search for your 'weapons'? They cant enforce anything that wasnt in your contract. Unfortunately, you are probably tops on their list since you talked to them about it. Also, I think there are laws concerning evictions, and giving you three days doesnt sound right. I agree with Deke. Make some noise about it in the local media. You can bet your bottom dollar you are not the only occupant of the complex with 'weapons' in your apt. All that being said, if you dont have one already, get a safe to lock the guns in. That way they can come in and look all they want. The letter didnt say you couldnt have a safe, and they cant force you to open it.


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## Bucksnort (Jun 29, 2004)

Is this a student apartment project? Things have changed since I went to school. I had my deer rifle and shotgun in my dormroom. We went hunting all the time.


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## Packup (May 27, 2009)

Man things have sure change since I was there. No way would I stay in an apartment that required that.


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## GalvestonSharker (Aug 15, 2007)

STOP!! LOOK

This is a violation of your constitutional rights. Go get a lawyer now and sue there butts off. Them even inquiring about it is a violation of your privacy as well. You have the paper and take it to a lawyer. I am not sue happy but when it comes to my rights you bet your bottom dollar I will with swift prejudice if they are ever violation or infringed upon. Conact the NRA as well:flag:

I'd tell them to butt a stump.


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## TRW (Nov 30, 2006)

What kind of security do they have. I would let them know I will get rid of my guns if you put an armed guard out side my door when I sleep. I would also let them know by taking away someones right to defend them self is a pretty big liability. As stated already if it is not in the lease I would fight it and be looking for a new place to live. Good luck hope it all gets resolved
TRW


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## Tiny (Dec 19, 2006)

And be sure to post up the address so that all the criminals can just come on in and do some invading and such, without the worry of being shot.


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## LRM (Sep 1, 2004)

I would think a good lawyer could make this apply to *weapons in apartment*

In 1996, Congress and the FCC prohibited "restrictions that impair the installation, maintenance or use of antennas used to receive video programming. The rule applies to video antennas including direct-to-home satellite dishes that are less than one meter (39.37") in diameter (or of any size in Alaska)..." In other words, no entity can prevent you from installing a Dish Network satellite dish on your own property.

In 1999, "...the Commission amended the rule so that it also applies to rental property where the renter has an exclusive use area, such as a balcony or patio." Basically, the idea is, you have the right to mount the dish anywhere that is considered part of your apartment.


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## InfamousJ (May 21, 2004)

marshhunter said:


> so i went and talked to the managers of the apartment complex and i asked them about it and they said that they were looking into it?? but they said they wanted them off of the premises for safety reasons?


yeah, so you can be robbed easier and the criminals are safe... find a new place, break the lease with no penalty by letting them see you with a gun and kick you out... after all, the reason you'd be moving is because of them, IMO.


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## TxDuSlayer (Jun 24, 2006)

Contact NRA ASAP, this how all this b.s gets started. if you let them run over you now where will it end! Do have one question does this apartment have anything to do with the school or is it just regular old apartment complex?


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## FormerHR (May 21, 2004)

The three days notice is the first step. After that they have to file paperwork with the JP, where a hearing is set, yadda yadda. This process can drag out several months. In the end the judge can issue a writ of possession (or is it attachment) that will actually be served by the Sheriff's Office and you will be forcefully evicted and your property removed.

I think they're trying to cover themselves from some type of liability (either real or imagined) and someone thought this was the best idea. Gun control hasn't worked in countries of the world and it won't work in the microsociety of an apartment complex.

I agree with the others, call the NRA and call a Fox affiliate.

Like others have asked, these apartments have no affiliation whatsoever with the school right?


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## plgorman (Jan 10, 2008)

Man oh man I'd be worried. Everyone in the apartment and prob everyone your fellow tenants know, now know that that apartment is 100% unarmed and easy to burglarize...

My solution...get a small subcompact and good hiding spot


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## Levelwind (Apr 15, 2005)

marshhunter said:


> so in my apartment i had my shot gun and my compound bow. and the other day the apartment complex put a letter on everybodys door saying that if you posses a weapon in you apartment you were in direct violation of your lease and that you had 24 hours to get them off of the premises. it went on to say that if you were caught with a weapon you would have 3 days to collect your belongings and move out......i have looked over my lease prolly around 3 times and cant find anything about having a weapon...so i went and talked to the managers of the apartment complex and i asked them about it and they said that they were looking into it?? but they said they wanted them off of the premises for safety reasons? so let me get this straight if i want to shoot my bow or go hunting around here i have to drive an hour to get it and then drive right back again, yes its only an hour but its still a pain in the ***:headknock.....can they make me take my weapons off of premises legally?(yes it sounds like a dumb question but i didnt sign anything about not having weapons in/on apartment/premises)
> i might also add that i live across the parking lot from blinn college in bryan, but that shouldnt matter as long as you are not on school property with "said" weapon, right?


Your lease either has a restrictive clause in it or it doesn't. If it doesn't I don't believe they can evict you since you aren't engaging in criminal behaviour (doesn't need to be in the lease restrictions). The GFSZ legislation of 1990, as amended in 1996, is not an issue as it doesn't apply to firearms kept on private property.

Two ways to go, IMO. 
#1 and what I'd probably do. They said you're in violation of the lease. I'd carry the lease paperwork down there and tell them to show me where (this is assuming it's NOT in there, even under some "catchall" language). No looking into it, no what they think, where is it, period.

#2. ignore it. Be a little careful moving your weapons in and out (case them). If you don't shoot them off the balcony they'll probably never know - or care. If they raise a beef, go back to 1. above.


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## marshhunter (Mar 20, 2008)

*very long read*

so aparently my roommate must have thrown the paper away but i got another one off of the front of a vacated apartment.



Bucksnort said:


> Is this a student apartment project? .


this is what there web site said about this


> ******* ***** is an off-campus apartment community that offers students a new and stylish home away from home. It defines innovation, efficiency and service with casual and comfortable elegence. ******* ***** overlooks Blinn College and is located near the Texas A&M Shuttle Station. As an off campus student community designed specifically to bring the college life home... we make student living SIMPLE.





> 9/17/09
> attention residents:
> do not ignore this notice!!
> 
> ...


this was put on everybodies door on a bright pink piece of paper.

i looked through my lease again and the only thing i could find about weapons was this


> 20. Prohibited conduct. you and your occupants or guests may not engage in the following activies: criminal conduct; behaving in a loud or obnoxious manner, disturing or threating the rights, comfort, health, saftey, or convenience of others (including our agents and employees) in or near the apartment community; disrupting our business operations; manufacturing, delivering, or possessing a controlled substance or drug paraphenalia; engaging in or threatening violence; *possessing a weapon prohibited by state law; discharging a firearm in the apartment community; displaying or possessing a gun, knife, or other weapon in the common area in a way that may alarm others;* storing anything in closets having gas appliances; tampering with utilities or telecommunications; bringing hazardous materials into the apartment community; using windows for entry or exit; heating the apartment with a gas-operated cooking stove or oven; or injuring our reputation by making bad faith allegations against us to others.


it doesnt say anything about possessing a weapon in your apartment


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## ccbluewater (May 21, 2004)

hmmm... reveille ranch at it again?


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## InfamousJ (May 21, 2004)

they can't do anything with that lease if that is all... f 'em and notify them you will call fox news and nra if they care to push it further on you...


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## Pablo (May 21, 2004)

That is complete BS. If they want to go by their strict interpretation on the notice, a steak knife could be a weapon. So could wasp spray. How many women living there have mace in their purse? There's no way they can get away with that. Don't back down from them one bit.


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## sqiggy (Aug 30, 2007)

marshhunter said:


> *or anything that could be considered a weapon*


WHOA!!!
That could be anything.
Let's see, no kitchen knives, baseball bats, tools of anykind, and any thing you could pick up and hit over anybody's head would have to go!!!!
Reading what you have, looks like they don't have a leg to stand on. I wouldn't lose any sleep over it.


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## 11andy11 (Aug 12, 2004)

there full of chit. If its not in the lease they have no authority to enforce. I don't even think if it was in the lease they would be able to enforce that. A boot on your foot is considered a deadly weapon if you kick somebody in the head with it. Also, they can't make you leave in three days. Eviction processes take at least 30 days and usually its longer than that. If they change the locks they are required to furnish you with a key.


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## TxDuSlayer (Jun 24, 2006)

You might do some snoopin around in small town like that find out if the mayor, city council, chief of police, local sheriff, find out if any of these people shoot, hunt, and let them know whats going on!!!


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## FishSlap (Mar 20, 2009)

If it wasn't in your lease at the time you signed it there is nothing that they can do.

This is prob the reason they are freaking out. Some jackazz in CS attacked his roommates with a sword last week.

*BRYAN, Texas -- *A man who was apparently was upset after finding a soda can in his room allegedly used a sword to cut two of his roommates. Michael Angel Zamago was jailed on Friday on a charge of aggravated assault with a deadly weapon related to family violence. Bail was $25,000. A police report indicated Zamago was upset to find a soda can in his room, thinking someone entered without permission. Zamago allegedly used the sword to poke holes in a closed door to a room where the pair fled. One roommate has a cut under his right armpit. The other suffered a cut in the shoulder area. A jailer who declined to provide his name said there was no record of an attorney for Zamago.

http://hosted.ap.org/dynamic/storie...IGHT?SITE=TXBRY&SECTION=HOME&TEMPLATE=DEFAULT


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## justinsfa (Mar 28, 2009)

*possessing a weapon prohibited by state law; discharging a firearm in the apartment community; displaying or possessing a gun, knife, or other weapon in the common area in a way that may alarm others;*

Your problem may be in red.... I was cleaning ducks in a parking lot at SFA my freshman year.... We had dropped off the boat and guns at my sisters house where we kept them cuz we were in the dorms...

Anyway, to make a long story short... somebody called UPD on us because we were cleaning ducks.... They hassled us a little, but pretty much just said someone had complained because they found it gross and told us to go around the corner and clean them....

Squeeky wheels gets greased.... And most likely, after the Samarai Sword incident, some parents and students got scared and contacted the apartments....

If you walk around with your gun case, it COULD freak somebody out (especially in todays world of psychos with guns running around)... Just be descreet, but I would check into it before just ignoring it....


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## Chase4556 (Aug 26, 2008)

marshhunter said:


> i am a NRA member i became one when they where free for a year....anyway we dont really have to many "undesirables" but somebody here must have had a samurai sword because it said that samurai swords are weapons and blah blah blah....tomorrow i will find the sheet they handed out and will type it up word for word, im to tired to do it now.


Definatly fight this though. Its more of the point than anything. My buddy has a house up there, and he has his guns. When he was in a dorm, he obviously wasnt worried about it, but as soon as he could, he has them. My ex girlfriend lived at The Heights and one of her roommates kept a gun. And when I was up there for a semester, I had my guns in my appartment. Its too unsafe to not.



FishSlap said:


> If it wasn't in your lease at the time you signed it there is nothing that they can do.
> 
> This is prob the reason they are freaking out. Some jackazz in CS attacked his roommates with a sword last week.
> 
> ...


That, and remember the kid a couple weeks ago that killed the guy at his appartment? It was up north somewere, but a guy broke into this college kids house, and was burglarizing him. He ended up killing the guy using a samurai sword.


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## jboogerfinger (Jun 16, 2009)

I wouldn't be too alarmed in this case. Sounds like the Apartments are just doing a CYA. They didn't say All firearms, but "illegal firearms". Maybe you could just call them "undocumented firearms". LOL


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## capn_billl (Sep 12, 2007)

Unless you are prepared to move on short notice, I would spend some time feeling out the manager. Talk to the owner or boss not the flunky that collects checks. Fact is if they want you out they can make your life miserable, and keep the deposit. Chances are they are putting out a blanket policy to target someone they perceive as being a problem, or implementing a policy from corperate. The owner depends on the manager if two different people to "handle" all concerns. This manger has a lot of leeway in how they are enforced. I stayed in an apartment once that clearly stated on the lease "no working on cars in parking lot", "no boats in parking lot". I had an older boat and car both that needed repeated fixing. A long chat with the manager and he basically stated if I work on the car put down a tarp so I dont leave an oil stain, park the boat in back as long as there are empty spaces, but if the lot fills up I may have to move it. I was able to work and park my boat in direct violation of the lease for several years. Then a new manager came in an older, "and fatter" woman that could have been the envy of a postal worker for being a stickler for the rules, she and I fought constatly no matter how nicely I asked and how much I groveled parked the boat on the street so she couldn't have it towed out of "her" lot, threatened to have me evicted one time because I changed a flat tire etc... I ended up moving. Some managers are just happy if you don't wreck the place and pay rent on time, some are kings of their own fiefdom. The bad ones eventually end up losing too many paying renters and get fired. Or you could buy a house and deal with the same BS with the Home owners association.


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## StinkBait (May 31, 2004)

I think some of you are missing what the lease says, these are the rules per the lease. #3 only states a "common" area

1. possessing a weapon prohibited by state law; 
2. discharging a firearm in the apartment community; 3. displaying or possessing a gun, knife, or other weapon in the common area in a way that may alarm others

#3 needs to be read completely. If you take your bow/gun in a case from your apt. straight to your vehicle then you should be fine per the lease.

Get out the magnifying glass, double check the language then tell them to go screw off. As others have said, call the news if need be.


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## timberhuntr (Nov 15, 2005)

Contact the local Sherriff, Chris Kirk, he is a big hunter. I have Duck hunted with him several times.


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## Bucksnort (Jun 29, 2004)

I would think the original lease, the one you signed is the valid. Not some pink letter threatening your civil rights. When you call the NRA, call the TSRA and the NAACP. Call them for the civil rights violations. Heck, you might aswell call ACORN too.


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## warrenng (Feb 14, 2005)

the only way I could see them being able to enforce that if it is not in your lease is based on the distance from the school property. It might be unlawful to posses a weapon within x number of feet of the school but not sure on that.


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## SURF Buster (Feb 17, 2008)

If they stick to their "GUNS" get yourself a Big Ole Bear Trap and a Spear Gun.
What are they going to say?


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## Copper Top Dog (Oct 24, 2007)

I think the Media would eat this up! But definately get NRA involved first this is just the kind of publicity we as a gun carrying state needs! Good Luck!!!


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## JHG (Aug 26, 2009)

I agree that you should contact the NRA and see what they have to say about it. Seems to me they are trying to violate your constitutional rights and that is something I think the local news would be interested in investigating. From everything you've said you are NOT breaking your lease by owning legal weapons in YOUR apartment.


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## HonkyFin (May 28, 2004)

Is it possible that this "Off-Campus Student Housing" is property owned by the University ?? If so then it may fall under the same guidelines as a Dorm room.
I would find out who the property owner is and start from there ,,if the university owns it than you dont have much leg to stand on,,,If it is a Private owned Apt complex then you should do what another poster said and take the lease agreement to the Leasing office and say "show me" .


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## remi19 (Feb 27, 2008)

Autumn Hoods at it again.......The neighborhood around the corner isnt the nicest either. wth are they thinking.


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## El Cazador (Mar 4, 2005)

20. Prohibited conduct. you and your occupants or guests may not engage in the following activies: criminal conduct; behaving in a loud or obnoxious manner, disturing or threating the rights, comfort, health, saftey, or convenience of others (including our agents and employees) in or near the apartment community; disrupting our business operations; manufacturing, delivering, or possessing a controlled substance or drug paraphenalia; engaging in or threatening violence; *possessing a weapon prohibited by state law; discharging a firearm in the apartment community; displaying or possessing a gun, knife, or other weapon in the common area in a way that may alarm others;* storing anything in closets having gas appliances; tampering with utilities or telecommunications; bringing hazardous materials into the apartment community; using windows for entry or exit; heating the apartment with a gas-operated cooking stove or oven; or injuring our reputation by making bad faith allegations against us to others.

When I read that statement, it is clear to me that at the time this language was written, they felt that tennants (at some point) would carry legal firearms/weapons onto the complex grounds.


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## Sea-Slug (May 28, 2004)

Get a Lawyer to write them a friendly letter to remind them you are not stupid or afraid to fight it, problem solved usually right there and then.


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## marshhunter (Mar 20, 2008)

remi19 said:


> Autumn Hoods at it again.......The neighborhood around the corner isnt the nicest either. wth are they thinking.


winner winner chicken dinner:biggrin:


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## OZGRAMS (Feb 28, 2005)

justinsfa said:


> If you walk around with your gun case, it COULD freak somebody out (especially in todays world of psychos with guns running around)... Just be descreet, but I would check into it before just ignoring it....


I was purchasing some new scatter guns this past weekend ( to replace what theives took from me) and the Manager had set it on the counter so the clerk could ring it up... when he set it down they imeadiately scanned it but was on another customers purchase ( they were not through with her transaction) the manager jokingly stated to the lady before they removed it from her tally "You didnt know you were buying a shotgun today did you.... " she was about ready to go balstic as she didnt see a reason to have a gun in the first place........ she probably voted democrat... :doowapsta so be careful who sees your stuff...


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## silver reflections (Aug 30, 2008)

> winner winner chicken dinner


haha, we have a bowling team on our league with this name !

First time I saw this, I said ***?! haha


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## astro (Nov 11, 2008)

I used to go to school there at blinn in Bryan, Texas so I know exactly what apartments you are talking about....and I'll tell you what it would be a cold day in hell before I let anyone tell me I couldn't have "weapons" in my apartment. Even if they did supply armed guards outside everyones door....Fight like a [email protected]\l TEXAS AGGIE and don't let them take your rights away.


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## rotti (May 12, 2006)

astro said:


> I used to go to school there at blinn in Bryan, Texas so I know exactly what apartments you are talking about....and I'll tell you what it would be a cold day in hell before I let anyone tell me I couldn't have "weapons" in my apartment. Even if they did supply armed guards outside everyones door....Fight like a [email protected]\l TEXAS AGGIE and don't let them take your rights away.


+eleventy billion


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## TxDuSlayer (Jun 24, 2006)

Details, details tell us whats going on! have you talked to the management or heard any more on the situation!!


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## seattleman1969 (Jul 17, 2008)

Brassnadz said:


> Thats crazy. So I guess they can come in your apartment and conduct a search for your 'weapons'? They cant enforce anything that wasnt in your contract. Unfortunately, you are probably tops on their list since you talked to them about it. Also, I think there are laws concerning evictions, and giving you three days doesnt sound right. I agree with Deke. Make some noise about it in the local media. You can bet your bottom dollar you are not the only occupant of the complex with 'weapons' in your apt. All that being said, if you dont have one already, get a safe to lock the guns in. That way they can come in and look all they want. The letter didnt say you couldnt have a safe, and they cant force you to open it.


I do believe that is 100% against the law according to the Texas Landlord/Tenant laws. they cannot access your apartment to search for ANYTHING without consent or without Police who are in possession of a warrant stipulating specifically what they are searching for.

There is a whole section of law regarding Tenant's rights. Do some research.

http://www.rentlaw.com/texaslandlordtenantlaw.htm
http://www.texastenant.org/rights/houserules/houserules.html


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## marshhunter (Mar 20, 2008)

havent heard any thing else about it... when i talked to them the first time they said the landowner was looking into it so im assuming that meant talking to their lawyer, so as of right now i still have my weapons in my apartment and if they give me any **** then ill pony up and get an attorney/lawyer.....and sue there *** like there is no tomorow


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## seattleman1969 (Jul 17, 2008)

BTW there is a SPECIFIC law in the tenant's "bill of rights" that states a landlord may change the rules of their property at any time BUT if the rules were not in effect at the time the tenant signed the lease they DO NOT apply unless the tenant agrees to the changes. 

Simply put, do not sign anything that forces you to agree with said changes and it will not apply to you until your lease comes up for renewal. At that point you can choose to agree and re-lease or vacate.


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## B2 (Jun 11, 2004)

You are good to go. Just don't march around the pool with your AR-15 and you'll be fine.........


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## justletmein (Feb 11, 2006)

Maybe the management's family plan to rob everybody and they're afraid you'll pull one of these and hurt their family (this happened on 9/15/09 by the way):
Sword-wielding Hopkins student kills intruder
Intruder was repeat offender, released from prison Saturday 
http://www.baltimoresun.com/news/maryland/baltimore-city/bal-sword0915,0,4027961.story


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## Profish00 (May 21, 2004)

Is he searching apartments for guns like the Hungermieser?


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