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Can a Landlord Restrict a Tenant's Gun Rights?

January 19, 2016

 

Can a landlord restrict a tenant from keeping a personal protection gun on the rental property?

 

Knowing that the 2nd Amendment to the U.S. Constitution states “…the right of the people to keep and bear arms shall not be infringed.”  Could a landlord restrict any tenant from his Constitutional right to keep a firearm for self defense?

 

Approximately one third of adults in the U.S posses some form of firearm.  In the recent political setting there have been attempts to restrict the ownership of guns.  In Colorado a 114-unit apartment complex in Castle Rock has banned all “firearms and weapons” from the property.  Although the apartment has not yet had a legal challenge, opinions state that tenants who would like to keep their firearms are not likely to win.  Colorado courts tend to support landlords who impose “reasonable regulations” on their tenants.  Of course these terms must be clearly written in the lease.

 

Opinions are everywhere and are worth the price you paid, usually zero. 

 

Here’s a thought.  If a tenant, restricted from possessing a self defense weapon, gets injured in a criminal assault in the banned-weapons apartment complex, can the tenant sue the landlord for the injuries?  If the tenant wanted a firearm for protection and the landlord forbid it and the tenant is killed or injured, does the tenant have rights to protection?  Or if the landlord denies the tenant a weapon, does he need to provide security?

 

Read more here about your state gun laws: 

 

https://www.irem.org/File%20Library/Public%20Policy/ConcealedCarryLaw.pdf

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