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| General General firearm-related talk that does not fit into any of the other forums. |
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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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As in anything, a few idiots may slip through the cracks. No group is safe from the Mighty Idiot.
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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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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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R.I.P. Meleanie |
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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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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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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:
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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