Advice for CHP'er

[HuskerXDM]

I have a buddy who sent me the following email.  I'm curious to see what you think:  My advice was to keep using the non-posted entrance.  I looked up the municipal code that the sign references and it seems to only be applicable to property owned by the city or county, which begs the question of who owns the building.  His reply to that is below the original.

What say you?


"... have just recently ran into some issues with my apartment in downtown Lincoln.  I did a little research but its kind of hard to understand.  I'll explain.  My building has just put up the "weapons prohibited" stickers on 2 of my entrances...(although they did not put them up in the entrance I use daily between the garage I park in and the door I use to enter the building).  Now, under the sticker it references Lincoln Municipal Code 9.36.130 (http://lincoln.ne.gov/city/attorn/lmc/ti09/ch936.pdf) and Nebraska Revised Statutes 69-2441(http://nebraskalegislature.gov/laws/statutes.php?statute=69-2441).  I Just wanted to get your opinion on this matter.  I don't know if it helps, but you need a key to get into my building lobby, my front door of my apartment and a key to get into my bedroom where I would be keeping my hand gun.  Also, my lease only acknowledges that a tenant may not posses "illegal weapons" on the premises."

"I'm not really sure on the status of who exactly owns the building.  I looked it up and $14 million of the project was private investment, and another $16 million was publicly funded, I'm not sure what that would classify it as?  The building is called the Larson building but the management that owns the residential top 3 floors is Parkhaus..."

[AAllen]

My opinion, the landlord can not prohibit you from a lawful act in the place you have leased, unless it is spelled out in the lease and even then there are limits.  So for the person who leased the apartment it should not apply, but any guest that comes to visit would be subject to the signs.  IANAL but that is my opinion.

[HuskerXDM]

Thanks Andy, I appreciate your non-lawyer opinion, as it is probably much more informed than my non-lawyer opinion! 

[XDHusker]

Certainly a good question.  I agree that there's absolutely no reason you can't have your gun in an apartment you are renting.  I would even argue that if somebody put a "no guns" policy in their rental agreement that it wouldn't stand muster in court because if violates the constitution.
It do wonder about going from ones car to the apartment with a CCW from a legal standpoint.  Would you have to unload it and put it in a locked case to legally be able to carry to the apartment?  But even then, you would be violating the "no guns" sign by carrying a gun in a case.

So, my completely uneducated non-lawyer opinion is that they would have a tough time convicting you of anything if you had a valid CCW carrying from the car to the apartment.

[CitizenClark]

Certainly a good question.  I agree that there's absolutely no reason you can't have your gun in an apartment you are renting.  I would even argue that if somebody put a "no guns" policy in their rental agreement that it wouldn't stand muster in court because if violates the constitution.

The constitutional provisions protecting the right to keep and bear arms are restraints on government, not on private parties acting in their capacity as property owners.

With that said, I don't see how the lessor could materially modify an existing lease without written notice to the lessee and the lessee's consent. But I'm not an expert in this area of the law, and I have not thoroughly researched this question, so please don't rely on this.

[HuskerXDM]

I appreciate the discussion, and these are all things I've forwarded to my friend.  I think the easiest thing to do is continue to use the door that isn't posted and not say much.  I also told him to watch when the lease is renewed to see if there is any change in the language.

[bullit]

Concealed is concealed is concealed.....  I anticipate the only issue he may have is if he has to use force/deadly force in his apartment, building, garage....even then the violation is a misdemeanor and the NSP will not yank your permit anymore for the "first time" offense.....

[00BUCK]

Concealed is concealed is concealed.....  I anticipate the only issue he may have is if he has to use force/deadly force in his apartment, building, garage....even then the violation is a misdemeanor and the NSP will not yank your permit anymore for the "first time" offense.....

+1!