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  #21 (permalink)  
Old May 25th, 2009
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Default Re: Idiotic gun owners

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Originally Posted by normanvin View Post
Isn't the correct term removed for officer safety.
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Originally Posted by fingers80002 View Post
He said until police arrive.
Being sarcastic..
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  #22 (permalink)  
Old May 25th, 2009
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Default Re: Idiotic gun owners

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Originally Posted by RoyJackson View Post
Did you read the post before you responded?

This is what was written:


Your response says the same thing my post says...yet, you're saying I'm wrong??? Going to target practice does not mean one is going to a range or business...not a lawyer, but it doesn't appear the laws quoted are written that way either.

But, back to the OP... The way it was written, the tenant was told to remove the gun because he did not have a LTCF...after which, the tenant got in his car and left (we have no idea where he was going or if he unloaded the gun).
Plinking at 10:30 PM isn't real smart...and, I suspect alcohol may have been involved (pure supposition on my part). However, the tenant legally had a firearm at his home and, to the best of our knowledge at this time, was not violating his lease or the laws. The OP may respond with lease and law requirements we do not know about yet.
Shooting at night may not be smart, but it isn't necessarilly illegal.

I am just making it clear that the guy who got into his car at 10:30 at night with a hand gun and no LTCF is breaking the law. The way you were putting it sounds like you felt he was allowed by law to get in his car with out a LTCF.
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Old May 25th, 2009
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Default Re: Idiotic gun owners

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Originally Posted by Retired One View Post
Just more fuel for the Anti's to have more restrictive laws enacted.
As in anything, a few idiots may slip through the cracks. No group is safe from the Mighty Idiot.
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Old May 25th, 2009
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Default Re: Idiotic gun owners

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Originally Posted by biggs88 View Post
I am just making it clear that the guy who got into his car at 10:30 at night with a hand gun and no LTCF is breaking the law. The way you were putting it sounds like you felt he was allowed by law to get in his car with out a LTCF.
No...you misinterpreted my initial response which, to clarify, commented on the apparent fact that the tenant was told to remove the gun or himself because he didn't have an LCTF. This was before he got in his vehicle.
Now, until the OP responds, we have no idea if the original post accurately reported the situation.

Even reading the laws that were quoted, I'm not sure a person would be cited for having an unloaded gun in their vehicle...not as a primary charge anyway. As an example, you buy a new handgun and you want to show it to a friend (how many of us have done that?). Is that transport illegal? I don't know, and it would probably take a court case to clarify the law.
The hypothetical situation above is totally off topic for this thread, of course. Not much use responding unless you're a lawyer or someone who has been involved in such a case.

Last edited by RoyJackson; May 25th, 2009 at 10:02 AM.
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  #25 (permalink)  
Old May 25th, 2009
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Default Re: Idiotic gun owners

if he rented the house and there was not a clause concerning guns in the lease, i would have told the landlord to leave or be arrested for defiant trespass! when you rent you are in essence buying temporary right or ownership. he can't enter the property without notice and has no right to tell you what you can or cannot have in your possession.

if i were so foolish as to be shooting at that time of evening, i would have secured the weapon and then come back out and asked the landlord to leave!

the OP's brothers actions were foolish and dangerous. you need to have words with him!
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Old May 25th, 2009
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Default Re: Idiotic gun owners

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Originally Posted by Retired One View Post
Just more fuel for the Anti's to have more restrictive laws enacted.
*sigh*

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Old May 25th, 2009
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Default Re: Idiotic gun owners

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Originally Posted by mpi View Post
if he rented the house and there was not a clause concerning guns in the lease, i would have told the landlord to leave or be arrested for defiant trespass! when you rent you are in essence buying temporary right or ownership. he can't enter the property without notice and has no right to tell you what you can or cannot have in your possession.

!
THis is SO true....I have a home in MD, that I have been trying to gain access to...Nothing major, I just want to give it a look over, they pay rent on time all the time. I want to get in there, but I can't I have no just cause and they never call me back! So, unless the place burns or something breaks and they NEED me, I can't go in.
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  #28 (permalink)  
Old May 25th, 2009
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Default Re: Idiotic gun owners

A few additional details and to answer a few questions. The tenants are mostly students who are 18-25 that attend wyotech. The lease states landlord has right to enter premises at any time. No guns are allowed, gasoline, flammable materials inside building.

The tenant was asked to remove the gun from property, he chose to get in his car and leave, he does not have A LTCF.

There are several buildings that were towards the direction of fire. Within about 200 feet of where he was shooting. On the other side of the field there are several houses about 1000 feet away.

The situation by Dave I feel was handled rather badly all in all. We have spoke about the LTCF issue and several other points such as approaching a tennant while he has a loaded gun.

Dave is not to familiar with guns or the laws.

Police arrived about 1145. One of the neighbors called it in then called us when they realized what was going on.

Would answer more but am on my way out. Will catch up later.
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  #29 (permalink)  
Old May 25th, 2009
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Default Re: Idiotic gun owners

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Originally Posted by merlin1372 View Post
The lease states landlord has right to enter premises at any time.
IANAL, but I've grown up renting for almost my entire life, and what your brother put in the lease about the landlord's "right" doesn't mean a damned thing in court. The law is the law, regardless of your brothers contract.
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  #30 (permalink)  
Old May 25th, 2009
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Default Re: Idiotic gun owners

Quote:
Originally Posted by merlin1372 View Post
A few additional details and to answer a few questions. The tenants are mostly students who are 18-25 that attend wyotech. The lease states landlord has right to enter premises at any time. No guns are allowed, gasoline, flammable materials inside building.

The tenant was asked to remove the gun from property, he chose to get in his car and leave, he does not have A LTCF.

There are several buildings that were towards the direction of fire. Within about 200 feet of where he was shooting. On the other side of the field there are several houses about 1000 feet away.

The situation by Dave I feel was handled rather badly all in all. We have spoke about the LTCF issue and several other points such as approaching a tennant while he has a loaded gun.

Dave is not to familiar with guns or the laws.

Police arrived about 1145. One of the neighbors called it in then called us when they realized what was going on.

Would answer more but am on my way out. Will catch up later.
Well, that clarifies things a bit...ruins a perfectly good thread full of opinion, hyperbole, innuendo and guesswork...but now we are enlightened.
Since the lease does stipulate "no firearms", the landlord was well within his rights to ask the gun owner to leave.
I would definitely have waited for the cops to come before approaching the shooters. It turned out OK, fortunately...but this could have turned out very badly.

Quote:
Originally Posted by BTA88 View Post
IANAL, but I've grown up renting for almost my entire life, and what your brother put in the lease about the landlord's "right" doesn't mean a damned thing in court. The law is the law, regardless of your brothers contract.
I dunno about that. I rented before I bought a house and it was stipulated the landlord (actually, the management company) could enter the premises as long as the tenant was given notice. Didn't say the tenant had to acknowledge that notice. A lease is a legal contract as long as it was witnessed/notarized. No witness or notarization renders the lease unenforceable.
I also rented (as landlord) a house, so I did go through the requirements before I rented it out. In my case, I rented to a family member which was a big (no...HUGE) screw up on my part.
You can download free lease forms online, if you want to see some examples.

Last edited by RoyJackson; May 25th, 2009 at 10:57 AM.
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