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Thread: Landlord carry rights?
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November 23rd, 2009, 03:03 PM #41
Re: Landlord carry rights?
Hi all, first post I've actually made on this forum and its a whopper alright.
As P7hk9 said, we work together, and recently I was recalling a CC issue that a family friend had.
My father and I are good friends with one of the vendors at the Quakertown Farmers Market, and recently (around two weeks ago) it came up in conversation that he carried concealed at his store. The manager of the Q-Mart, who apparently isn't very amicable with of my friend, let him know that he (the manager) would be calling the police after he refused to lock it (the handgun) in his car. The officer showed up and stated that there really wasn't anything he could do to force my friend, but 'suggested' that he listen to the manager.
The officer says "You know what you have to do then?"
And my friend says "Get a smaller gun."
My advice, and I think I was right in saying it, was that he should just work better to conceal the gun; it being his place of business, and the fact that Concealed is Concealed. So long as nobody is in a panic or able to freak out about some percieved (but altogether unreal) threat, then there is no real reason that a landlord, manager, security official, or even police officer has to give you any trouble.
My friend said that he would have to see if there was anything in his lease that he signed about a "no guns" policy, but he figured my advice was fair enough.
I guess the real questions are A. Is the lease of a Vendors Stall or any other open air store still considered a Fixed Place of Business?
and B. Is there any right for a landlord to evict someone who isn't causing a problem, other than some silly personal nosebend?
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November 23rd, 2009, 07:48 PM #42
Re: Landlord carry rights?
The inside stalls of the Q-Mart should be considered fixed places of business, for purposes of the License To Carry Firearms exemption; but the common aisles and bathrooms and such WOULD NOT, it would be a crime to carry concealed without an LTCF in any common area that he doesn't exclusively lease.
The outside tables aren't even close to a fixed place of business.
That question really only comes up for people without an LTCF; the solution is to get an LTCF.
As for eviction, the landlord can evict anyone he wants, at the expiration of the lease. He can evict during a lease for cause and for breach, but maybe he doesn't want to lose a paying tenant.Attorney Phil Kline, AKA gunlawyer001@gmail.com
Ce sac n'est pas un jouet.
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November 27th, 2009, 07:20 PM #43Member
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Re: Landlord carry rights?
Wait...I must be misunderstanding something here. How is it a crime? I thought the owner of the property could ask you to leave because you are carrying (as they could because they don't like blue shirts, black shoes, or people who don't wear hats), but past....trespassing if you don't comply maybe.......what would the crime be?
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