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August 3rd, 2009, 09:29 AM #1
Scared people causing me problems at home.
Well I got my first complaints and it happened when I least expected it. At my apartment.
First off this is not so much an OC story as people being out right terrified at the thought of someone having a gun along with apartment management that share the same ideas.
So I live in an Apartment complex so not as much privacy as you would get if you had a home. I am an avid shooter and go the range as much as I can and seeing as the range is only 5 min from home it happens a lot. I do not normally carry OC but I had so much stuff to carry I just put my IPSC belt on with Sig 226 and head out with my SGS 5, AR and Range bag. The rifles where in black soft cases and slung over my back as I was loading up this guy comes up and asks "what department I work for." Understandably question as I am average build clean shaving and sporting a High and Tight hair cut for the National Guard. I reply "I am not a police officer" and go a bout my business. When I come back There is a family getting into there car. I did not see them by my GF that I live with told me you should have seen the look on the parents faces when they saw me take the stuff out of the car. This all happened Thursday Last week. It seems that they called the Apartment Management as I got a phone call from the landlord on Friday asking for my side of the story. I explained that I was do noting wrong and just going to the range for some target practice she was a little uneasy from the sound in her voice and the conversation ended with please make sure to keep them in a bag or something. Then today Monday I got a call from the Owner of the Apartment complex and he was concerned about the instance. I explained to him just the same I was using the rifles that where in cases to go to the range for some target practices. He said "that is fine I know you use them for your work." I was like well I work security. And he replied "no the National Guard." I was taken back about this I had forgotten that I informed the apartment complex that I would be leaving for Basic and they where going to need to take maintenance requests for my GF because up to this point any order had to come though me because my name was the one on the lease. He did admit in this conversation that I had the right to do what I was doing so that's good. He finished with I just wanted to make sure everything was all right. I replied I am fine I was not the one who was scared and asked him to make sure the other people who complained knew i was in the right.
Some things I wish I would have done differently talked to the guy that asked if I was police officer more and explained that you do not need to be in law enforcement to take up shooting.
Second jumped on the comment well you use them for your job comment from Owner. He probably thinks I have full auto military issue equipment in my apartment which is not the case and could cause problems later down the road.
There is not much I can do about this as we are locked into the lease until next July and even if there was I leave for Ft Benning in 35 days. Though if this requires another phone call I will view this as harassment for exercising my god given rights and really start to take offense and seriously consider taking action.Last edited by Mr_Anderson; August 3rd, 2009 at 09:56 AM.
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August 3rd, 2009, 09:52 AM #2
Re: Scared people causing me problems at home.
Check your lease to make sure it does not have a firearms clause in it.
Just a suggestion
An OC Activist and 1 of the 3%
Ed StephanFeedBack: https://forum.pafoa.org/showthread.p...ight=edstephan
An OathKeeper and OC Activist, 1 of the 3%, Ed Stephan
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August 3rd, 2009, 09:58 AM #3
Re: Scared people causing me problems at home.
I checked it before we moved in I would not have wanted to live here if i could not have the guns.
Only thing that came close is no explosives and since i do not reload so the only powder is in the builds.
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August 3rd, 2009, 10:00 AM #4
Re: Scared people causing me problems at home.
man, all this after i talked to you guys about OC..... make sure you print out a handful of the Gun Rights Flyers
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August 3rd, 2009, 10:04 AM #5
Re: Scared people causing me problems at home.
Living in an apt. complex you should practice a little more opsec. I wouldn't want any of the neighbors knowing that there were guns in my apt. In my opinion - while what you did is not shocking it is not wise.
I live in a single home and i still pull my vehicle inside the garage to load up my stuff when i go shooting. I don't need passer bys knowing my business and targeting my home for theft.
Like posted above, make sure what the lease says. They might have a no gun policy and try to boot you out now that you caused a stir.
I am not saying what you did was legally wrong but I would use better judgment when you are surrounded by so many other people. Not because you scared them but because now everyone knows you have guns inside your home.
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August 3rd, 2009, 10:22 AM #6
Re: Scared people causing me problems at home.
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August 3rd, 2009, 10:39 AM #7Active Member
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Scranton,
Pennsylvania
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Re: Scared people causing me problems at home.
While this is good advice to follow I was under the impression that having such a clause in a rental lease would be unconstitutional and therefore not enforcable by law.
The reason I was under that impression is due to a California case that was headline news a while back where the NRA went after HUD there for having that clause in their lease. Imagine that a clause in a lease saying you cannot own or posses a firearm in the Projects. Anyhow seems a guy had a gun and used it to save the lives of himself and his family in his own home and got evicted for it afterward. When it went to court the NRA proved it unconstitutional and the guy won pretty big time. Here was part of the results I believe. The following is an excerpt from http://assets.opencrs.com/rpts/RL32842_20080905.pdf
In addition, the House has passed legislation (H.R. 6216) that includes a
provision that would prohibit the Housing and Urban Development Secretary from
accepting as reasonable any management or related fees charged by a Public Housing
Authority (PHA) for enforcing any provision of a lease agreement established by a
PHA that requires tenants to register an otherwise legally possessed firearm, or
prohibits firearm possession outright. On the other hand, the provision would also
allow PHAs to terminate the lease of any tenant who illegally uses a firearm.
Now on the topic of possible setting yourself up to be robbed by others seeing you have guns in your house that is a double edge there as well. I have neighbors that know exactly what is in my rental home. They have told me they feel safer here knowing I am around. They also make it a point to keep an eye on my home when I am not there as they sit on their front porch regularly and it faces my home. I too go to the range regularly and do not have a garage to load up in. My landlord is ok with me owning guns as it is no secret to her either.
I have seen provisions in the lease that said no firearms on the property before though. Oddly enough that same lease had a stipulation in it that you could only use single ply toilet paper as well. When I saw that I knew it was not where I wanted to live. The second thought was I wondered if the lease itself qualified as single ply paper."No free man shall ever be debarred the use of arms."
"The constitutions of most of our States assert that all power is inherent in the people; that... it is their right and duty to be at all times armed."
Thomas Jefferson
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August 3rd, 2009, 11:02 AM #8
Re: Scared people causing me problems at home.
Private property owners are unable to commit violations of the Bill of Rights, even if they tried. HUD is a government agency. In most cases, the government can be held to be more limited in some ways (and less in others) than a private property owner. In the NRA vs HUD case, I don't know off hand whether they used the 2nd Amendment, or Equal Protection, or something else to strike down the no-guns policy.
Your average private landlord can do anything that's not banned by statute, so he can't exclude blacks or the handicapped or people on Welfare, but he can exclude kilts and guns and microwave ovens and books written by Franz Kafka, if he wants to.
Where this becomes interesting is in state-owned parks. I'd like to believe that local rules constitute "state action" that's governed both by the UFA local pre-emption and Article 1, Section 21 of the PA Constitution, but that's far from certain so far.Attorney Phil Kline, AKA gunlawyer001@gmail.com
Ce sac n'est pas un jouet.
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August 3rd, 2009, 11:16 AM #9
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August 3rd, 2009, 11:20 AM #10Active Member
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Garner,
North Carolina
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Re: Scared people causing me problems at home.
we are locked into the lease until next July and even if there was I leave for Ft Benning in 35 daysWe've been monitoring him on the e-mail for a while. --York PD Lt. Gene Fells
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