# Do you own a firearm? **URL:** \ **Category:** In My Humble Opinion\ **Created:** [September 26, 2019, 7:51pm UTC](https://boards.straightdope.com/t/do-you-own-a-firearm/840870 "2019-09-26T19:51:20Z")\ **Posts on this page:** 20\ **Page:** 3
**Author:** ![Annoyed](https://avatars.discourse-cdn.com/v4/letter/a/f04885/32.png) [@Annoyed](https://boards.straightdope.com/u/Annoyed)\ **Post date:** [September 27, 2019, 1:02am UTC](https://boards.straightdope.com/t/do-you-own-a-firearm/840870/41 "2019-09-27T01:02:21Z")
> [@Velocity](#): > > Austin, Texas. I’m guessing that since an apartment property is private property, they can ban this or that as they please? > > Either that, or maybe I didn’t read that 15-page-long tenant lease document carefully enough. But I think that’s what the text said. > Edit: I’m guessing the legal difference is “own a gun” versus “having the gun in an apartment unit, while on apartment property as a tenant.” Obviously they can’t control what you do with guns elsewhere off their property. I’m pretty sure they can’t do that, or, rather, they can say it all they want but they can’t legally enforce it/do anything about it. I believe Texas is a stand your ground/castle doctrine state. A property isn’t “private” any longer if you’re legally allowed to be there. ---
**Author:** ![Renee](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/renee/32/287_2.png) [@Renee](https://boards.straightdope.com/u/Renee)\ **Post date:** [September 27, 2019, 1:06am UTC](https://boards.straightdope.com/t/do-you-own-a-firearm/840870/42 "2019-09-27T01:06:42Z")
We have a .22 and a shotgun, and some sort of antique rifle that my husband bought a while back. I hate guns, personally, but we used to live on a farm and it was necessary to protect the livestock. We’re currently living in town, and I’m not even sure what closet they’re in (child-free household.) My dad’s a gun nut, and has coerced me into target practice a couple of times. I so don’t get it. Loud and boring. ---
**Author:** ![wguy123](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/wguy123/32/3161_2.png) [@wguy123](https://boards.straightdope.com/u/wguy123)\ **Post date:** [September 27, 2019, 1:11am UTC](https://boards.straightdope.com/t/do-you-own-a-firearm/840870/43 "2019-09-27T01:11:27Z")
Yes and I would gladly give them up, register them, etc. They are locked in a gun safe and very rarely come out at this point. ---
**Author:** ![Gray\_Ghost](https://avatars.discourse-cdn.com/v4/letter/g/c0e974/32.png) [@Gray\_Ghost](https://boards.straightdope.com/u/Gray_Ghost)\ **Post date:** [September 27, 2019, 1:18am UTC](https://boards.straightdope.com/t/do-you-own-a-firearm/840870/44 "2019-09-27T01:18:46Z")
> [@Velocity](#): > > Austin, Texas. I’m guessing that since an apartment property is private property, they can ban this or that as they please? > > Either that, or maybe I didn’t read that 15-page-long tenant lease document carefully enough. But I think that’s what the text said. > Edit: I’m guessing the legal difference is “own a gun” versus “having the gun in an apartment unit, while on apartment property as a tenant.” Obviously they can’t control what you do with guns elsewhere off their property. IANAL. I do live in Texas though. I think they are on very thin ice banning the possession of firearms in your leased property, for two reasons. First, there’s a decent argument that such a ban is void for public policy reasons, in light of Texas Constitution [Article 1, Section 23.](https://law.justia.com/constitution/texas/sections/cn000100-002300.html) > [@](#): > > Article 1 - BILL OF RIGHTS > Section 23 - RIGHT TO KEEP AND BEAR ARMS > Every citizen shall have the right to keep and bear arms in the lawful defense of himself or the State; but the Legislature shall have power, by law, to regulate the wearing of arms, with a view to prevent crime. Second, I would argue they’re opening themselves to a large dose of premises liability, should you be the victim of a violent crime in your dwelling, and could argue, but for the restriction on you owning a firearm, you wouldn’t have suffered the injury. This [brief article](https://opencarrytexas.wordpress.com/2016/05/30/can-an-hoa-or-apartment-complex-ban-guns/) from Open Carry Texas goes into a bit more depth on the legal issues. They can post 30.06 and 30.07 signs at the entrances to common areas. It’s the banning possession in your leased dwelling that I think is taking an extra base. LOL Austin. ---
**Author:** ![Bear\_Nenno](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/bear_nenno/32/3358_2.png) [@Bear\_Nenno](https://boards.straightdope.com/u/Bear_Nenno)\ **Post date:** [September 27, 2019, 1:24am UTC](https://boards.straightdope.com/t/do-you-own-a-firearm/840870/45 "2019-09-27T01:24:33Z")
> [@Annoyed](#): > > What state or jurisdiction are you from where an apartment complex feels like they have the authority to “not allow” someone to have a gun? Tennessee has a law allowing landlords to restrict gun ownership by tenants by including a clause in the lease. This is similar to how some landlords do not allow pets. Well, except for the fact that owning pets is not a Constitutionally recognized right. I’m surprised that this law has never been challenged. I wonder if anyone living under the terms of such a lease has every been attacked in his/or home and subsequently filed a lawsuit against the landlord. ---
**Author:** ![Northern\_Piper](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/northern_piper/32/5304_2.png) [@Northern\_Piper](https://boards.straightdope.com/u/Northern_Piper)\ **Post date:** [September 27, 2019, 1:28am UTC](https://boards.straightdope.com/t/do-you-own-a-firearm/840870/46 "2019-09-27T01:28:01Z")
Constitutional rights normally restrict state. In Texas, does the state constitution restrict the actions of private parties, like apartment companies? 😕 ---
**Author:** ![OttoDaFe](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/ottodafe/32/356_2.png) [@OttoDaFe](https://boards.straightdope.com/u/OttoDaFe)\ **Post date:** [September 27, 2019, 1:34am UTC](https://boards.straightdope.com/t/do-you-own-a-firearm/840870/47 "2019-09-27T01:34:54Z")
I have a [Mosin Nagant M44 carbine](https://www.guns.com/news/review/cannon-carbine-m44) that I bought mainly as a curiosity (the folding bayonet). I haven’t fired it in a long time, and I currently have no ammunition; when I did, the bolt and ammo were stored separately from the weapon. ---
**Author:** ![Annoyed](https://avatars.discourse-cdn.com/v4/letter/a/f04885/32.png) [@Annoyed](https://boards.straightdope.com/u/Annoyed)\ **Post date:** [September 27, 2019, 1:40am UTC](https://boards.straightdope.com/t/do-you-own-a-firearm/840870/48 "2019-09-27T01:40:23Z")
> [@Bear\_Nenno](#): > > Tennessee has a law allowing landlords to restrict gun ownership by tenants by including a clause in the lease. This is similar to how some landlords do not allow pets. Well, except for the fact that owning pets is not a Constitutionally recognized right. I’m surprised that this law has never been challenged. I wonder if anyone living under the terms of such a lease has every been attacked in his/or home and subsequently filed a lawsuit against the landlord. Probably. I guess if you sign and agree to it then it’s on the tenant but I betcha it wouldn’t have legs in court. If a landlord wants his tenant unarmed in his own castle that should be an extreme no from any sane person. People, businesses, and legislators try this stuff on all the time knowing full well they can’t legally enforce it/won’t stand up in court but do it anyway until they are told to stop. ---
**Author:** ![Northern\_Piper](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/northern_piper/32/5304_2.png) [@Northern\_Piper](https://boards.straightdope.com/u/Northern_Piper)\ **Post date:** [September 27, 2019, 2:08am UTC](https://boards.straightdope.com/t/do-you-own-a-firearm/840870/49 "2019-09-27T02:08:53Z")
What law prevents a private corporation from exercising its freedom of contract to say it will only lease its private property on condition that the tenant not bring firearms onto the corporation’s private property? 😕 ---
**Author:** ![nelliebly](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/nelliebly/32/5422_2.png) [@nelliebly](https://boards.straightdope.com/u/nelliebly)\ **Post date:** [September 27, 2019, 2:17am UTC](https://boards.straightdope.com/t/do-you-own-a-firearm/840870/50 "2019-09-27T02:17:40Z")
> [@Velocity](#): > > I’m surprised too. The SDMB is more left-leaning than the general populace as a whole, and yet here we have a higher percentage of gun owners in the poll ( **45 percent** as of right now) than even Republicans nationwide alone as a group [(41 percent of whom own guns).](https://www.statista.com/statistics/249775/percentage-of-population-in-the-us-owning-a-gun-by-party-affiliation/) > It’s probably because those who own guns are especially motivated to vote in the poll, while those who don’t own guns are “meh.” Or it could be that some gun-owners are still in favor of gun control. Let’s not foolishly assume liberals don’t own guns and are all in favor of taking taking away guns. ---
**Author:** ![Bear\_Nenno](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/bear_nenno/32/3358_2.png) [@Bear\_Nenno](https://boards.straightdope.com/u/Bear_Nenno)\ **Post date:** [September 27, 2019, 2:19am UTC](https://boards.straightdope.com/t/do-you-own-a-firearm/840870/51 "2019-09-27T02:19:34Z")
> [@Northern\_Piper](#): > > What law prevents a private corporation from exercising its freedom of contract to say it will only lease its private property on condition that the tenant not bring firearms onto the corporation’s private property? 😕 Minnesota Statute 624.714 Subd. 17(f) among others. > [@](#): > > (f) A landlord may not restrict the lawful carry or possession of firearms by tenants or their guests. Why does this surprise you? ---
**Author:** ![Gray\_Ghost](https://avatars.discourse-cdn.com/v4/letter/g/c0e974/32.png) [@Gray\_Ghost](https://boards.straightdope.com/u/Gray_Ghost)\ **Post date:** [September 27, 2019, 2:21am UTC](https://boards.straightdope.com/t/do-you-own-a-firearm/840870/52 "2019-09-27T02:21:39Z")
> [@Northern\_Piper](#): > > What law prevents a private corporation from exercising its freedom of contract to say it will only lease its private property on condition that the tenant not bring firearms onto the corporation’s private property? 😕 There are a few that prohibit employers from prohibiting employees from carrying firearms within their personal vehicles, parked on the employer’s parking lot. So that’s one. But I see your point, and as a lapsed Libertarian, let’s see how far you’d like to push the idea of the property owner’s contractual right to exclude. Can a landlord prohibit renting a unit to Trump supporters? Or ban their ability to stockpile campaign materials within their dwelling, out of the public view? We can extend it further, and bring up race or religion. Still OK with the property owner’s unlimited freedom to decide who to rent to? I don’t know how it is in Canada or the U.K. In Texas, the right to possess arms is given great consideration. Prohibiting ownership of firearms, within a private dwelling or automobile, absent safety concerns not implicated by Velocity’s situation (we can discuss whether a landlord can prohibit the possession of flammable materials, like smokeless powder, in another separate hypo.), isn’t acceptable here. Which doesn’t stop landlords from trying. ---
**Author:** ![Der\_Trihs](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/der_trihs/32/233_2.png) [@Der\_Trihs](https://boards.straightdope.com/u/Der_Trihs)\ **Post date:** [September 27, 2019, 2:26am UTC](https://boards.straightdope.com/t/do-you-own-a-firearm/840870/53 "2019-09-27T02:26:56Z")
> [@Annoyed](#): > > What state or jurisdiction are you from where an apartment complex feels like they have the authority to “not allow” someone to have a gun? It’s private property. They can forbid you from having pets or smoking, they can forbid you from having a gun. ---
**Author:** ![Northern\_Piper](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/northern_piper/32/5304_2.png) [@Northern\_Piper](https://boards.straightdope.com/u/Northern_Piper)\ **Post date:** [September 27, 2019, 2:30am UTC](https://boards.straightdope.com/t/do-you-own-a-firearm/840870/54 "2019-09-27T02:30:44Z")
> [@Bear\_Nenno](#): > > Minnesota Statute 624.714 Subd. 17(f) among others. > > Why does this surprise you? Thank you. My confusion was that other posters were quoting the constitutional right to bear arms as a restriction on landlords. That surprised me because constitutions normally only restrict state action, not private actors. But if the legislature has chosen to create a statutory prohibition on landlords, saying that the tenant’s statutory right to bear arms trumps the landlord’s contractual and property rights, that answers my question. I don’t want to hijack this thread, so I’ll bow out. Thanks again for the clarification. ---
**Author:** ![AHunter3](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/ahunter3/32/368_2.png) [@AHunter3](https://boards.straightdope.com/u/AHunter3)\ **Post date:** [September 27, 2019, 2:49am UTC](https://boards.straightdope.com/t/do-you-own-a-firearm/840870/55 "2019-09-27T02:49:57Z")
> [@FairyChatMom](#): > > Don’t own one. Don’t want one. I’m not anti-gun, but I have zero interest in owning one. Yeah, this is where I’m at, too. I know how to use them (well, rifles anyway; never interacted with pistols or shotguns) but unless I get so impoverished and the city’s social services fall apart concurrently with that, so that shooting up a mess of squirrels starts to seem like the best way to handle supper, I don’t have a need for one. ---
**Author:** ![Annoyed](https://avatars.discourse-cdn.com/v4/letter/a/f04885/32.png) [@Annoyed](https://boards.straightdope.com/u/Annoyed)\ **Post date:** [September 27, 2019, 2:57am UTC](https://boards.straightdope.com/t/do-you-own-a-firearm/840870/56 "2019-09-27T02:57:58Z")
> [@Der\_Trihs](#): > > It’s private property. They can forbid you from having pets or smoking, they can forbid you from having a gun. No they really can’t. The property isn’t “private” to you if you’re legally allowed to be there. ---
**Author:** ![JRDelirious](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/jrdelirious/32/9531_2.png) [@JRDelirious](https://boards.straightdope.com/u/JRDelirious)\ **Post date:** [September 27, 2019, 3:11am UTC](https://boards.straightdope.com/t/do-you-own-a-firearm/840870/57 "2019-09-27T03:11:31Z")
Y’know the landlord/tenant rights hijack seems fun but it’s beginning to get “annoying” by the repeated “no it’s not” argument from one of the parts > [@Annoyed](#): > > No they really can’t. The property isn’t “private” to you if you’re legally allowed to be there. You’re legally allowed to be there only subject to complying with the contractual terms of the lease: they don’t have to rent to you, you don’t have to rent from them. You can walk away and rent from someone else if you don’t like the clause. What you say we leave that until someone who knows that area of the Law can lay some knowledge on us. ---
**Author:** ![panache45](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/panache45/32/64_2.png) [@panache45](https://boards.straightdope.com/u/panache45)\ **Post date:** [September 27, 2019, 3:28am UTC](https://boards.straightdope.com/t/do-you-own-a-firearm/840870/58 "2019-09-27T03:28:08Z")
I’ve never even touched a gun, though I respect others’ right to own one. Just not personally interested. ---
**Author:** ![Daylate](https://avatars.discourse-cdn.com/v4/letter/d/9dc877/32.png) [@Daylate](https://boards.straightdope.com/u/Daylate)\ **Post date:** [September 27, 2019, 3:28am UTC](https://boards.straightdope.com/t/do-you-own-a-firearm/840870/59 "2019-09-27T03:28:25Z")
Own several, and have for many years. My favorite to shoot is a replica flintlock pistol. Hard-hitting and accurate, and a hoot to shoot! Black power is fun - lotsa smoke and fire. ---
**Author:** ![dolphinboy](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/dolphinboy/32/330_2.png) [@dolphinboy](https://boards.straightdope.com/u/dolphinboy)\ **Post date:** [September 27, 2019, 4:29am UTC](https://boards.straightdope.com/t/do-you-own-a-firearm/840870/60 "2019-09-27T04:29:35Z")
Yes, I own guns, but nothing resembling a military-style rifle. I have nothing against those guns specifically, but they are of no interest to me. IOW I have no use for them. I primarily own “cowboy” guns since I compete in Cowboy Action Shooting competitions, but I do have a concealed carry pistol and a shotgun that is also for self-defense. I will hopefully never need to shoot anyone or anything in self-defense, but if it’s between him and me… I plan to go down shooting. Besides, where I live there are aggressive bears and you don’t want to be caught hiking without bear spray and a weapon. [Previous page](https://boards.straightdope.com/t/do-you-own-a-firearm/840870.md?page=2) [Next page](https://boards.straightdope.com/t/do-you-own-a-firearm/840870.md?page=4)