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Can Landlords Ban Firearms? Maybe

The right to bear arms is always important, but it has begun to feel even more important of late. A lot of people are worried right now, and having some reliable weapons can do great things for security and peace of mind. The thing is, not everyone has an equal right to bear arms. You might be ready, but the truth is that people who rent (apartments, houses, condos or otherwise) sometimes have clauses in their leases that ban firearms. Is that legal?

The first step to understanding your rights is to know how the 2nd Amendment applies to citizens. While it absolutely gives you important protection, it’s not foolproof — even when applied as the founders intended.

Here’s the bulk of the protection. No private party has the authority to tell you that you can’t own a gun. Only the government can revoke your right to firearm ownership, and even those limits are regularly contested (although we pretty much all agree that felons can be stripped of fundamental rights). So, no matter what any landlord or other private party tells you, you have the right to own a gun. Period.

Unfortunately, that’s not the end of the story. The right to own a gun is not identical to the right to carry or store a gun. On this front, property owners have rights, and they can prohibit people from carrying guns on their property. Think of it this way. If you own a home, you can tell someone they aren’t allowed in unless they relinquish the gun on their hip. You have that right, and thus, landlords have a similar right in regards to renters.

Whether or not a landlord can ban tenants from keeping guns on the property depends mostly on two things. The first is the state. Texas, for instance, has legislation that strips landlords of this authority. All renters in Texas have the right to keep guns on the premises (provided they have the right to own a gun in the first place).

In states where a landlord can prohibit firearms, they are still limited. That prohibition has to be spelled out in the lease. If you sign a lease that doesn’t mention firearms, the landlord can’t change their mind later. They would have to get you to sign a new lease with that provision. On the other hand, if it is in the lease and you signed the contract, then you’re legally obligated to keep up your end of the deal.

Things can still get grayer. Even if firearm prohibition is in a lease, landlords have no right to search your stuff. If they feel the need to search for something, they have to go through law enforcement. That means that they cannot evict you for having a firearm unless they see it, and if they unlawfully search your space, you have some level of recourse.

Now, no one is telling you to risk eviction over contractually banned weapons. That’s between you and your landlord. But, if firearms are not expressly banned in your lease, your best bet is to make sure they don’t see it. Some landlords won’t care. Others will be bothered and try to go after your weapon. It’s an unnecessary headache. So, the best policy for renters and their firearms is don’t ask, don’t tell. Of course, you should absolutely read your lease so you know where you stand.


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11 Responses

  1. I am having a difficult time getting 9MM amo. Is there a mail order place to grt 9MM amo?

  2. if your state has gun shows, that is the best place to get ammo. depending on where you live, there are some stores that sell it. not sure, but I don’t know what the law says about ammo by mail. 9mm is a tough one to find now days. seems like that is the gun/ammo of choice. my state has the shows, and we had one in Aug. Sept and October. went to all. this ammo was available at all. also, if you have shooting ranges such as a Shoot Straight type, you can buy there if they have it. good luck. when odunnuthin put all but one or two ammo factories out of business, it dried up a lot. (lead).

  3. I find it difficult that states have authority over the Right to KEEP and Bear Arms, even when it comes to landlords. The 2nd Amendment was incorporated into the States under McDonald v. Chicago. That means that the 2nd Amendment CANNOT be infringed by any state government, any person, any corporation, any landlord, and of course the Federal Government. Otherwise, this would be an Equal Protection violation under the 14th Amendment. So, now you have 2 Amendments being infringed upon, which calls for a significant legal action.

  4. Mark Meckler, Convention of States, is a good starting place. Head on over to Patriot Academy and sign up for the Constitution Alive Class. Over 14.000 in the zoom class. Get to know the original intent of the founders and learn about what the Constitution really states, to be able to defend those rights with a good basic knowledge of them. The citizens of this great nation are coming alive. We were never meant to sit on the sidelines of government. We use the Constitution to save the Constitution, and the Republic!

  5. Cheaperthandirt.com has 9 MM amo, but it is NOT cheaper than dirt

  6. UPS delivers ammo ,USPS will deliver guns to dealers.

  7. In many states shipping ammo to your home is illegal.(even thought people still do it) ALSO people that DO this are being MONITORED by “big brother”. Buy large quantities (if you can get it) The possibility of a “middle of the night” visit by law enforcement is possible. This “government” is paranoid, and will do anything possible to disarm the Law-Abiding American citizen, because WE ARMED PATRIOTS my friends, are the ONLY thing standing between FREEDOM and a Tyrannical Takeover. (and they know it)

  8. Another conservative web site recently published “Socialism, The Great Reset.” We all should be struck by one statement therein. “…The global elites want to create a society of renters who own nothing…”

  9. Lobby your state government to enact legislation prohibit landlords banning firearms.

  10. palmetto state armory ships ammo and they have it in stock now 16.99 for 50 fmj rounds

  11. I remember years back man that was on HUD HOUSING received a notice that he had to remove his guns off the premises,or they would kick him out of his unit he was renting.He hired a constitutional Attorney and reported it to GOA and sewed them for violating his Second Admiment rights.
    He was able to keep his guns and ammo while renting from them. 2.5 million hud had to pay for the Court cost,attorneys fees and etc.

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