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Lease help, quick review.

Posted: Thu, 09 Jun 2011 19:03:04
by seanc
ALL,

I need a bit of help. My landlord's lease bans firearms all together. He is open to language that will allow them but I wanted to get some feedback on my response to him, listed below.

Comments are welcomed and encouraged.

CURRENT LEASE POLICY:
The Tenant will not keep or use in or on the premises any explosives, flammable or combustible materials, firearms or ammunition. A fire extinguisher is provided at the start of tenancy. The Tenant is responsible for maintaining it and replacing it if needed.

MY DRAFTED RESPONSE:
I totally and completely understand the reasoning behind this condition. However, I'm currently employed with a Law Enforcement Agency and maintain a legal permit to carry a firearm, which required training, and proficiency with a handling firearm. The lawyers where I work recommend the use of the condition "secured" which is defined as any firearm holstered on a person, maintained within a locked storage container, disabled from immediate use through a trigger lock, or otherwise disassembled from immediate working order. So this statement would disallow any "unsecured" firearms in or about the premises for the safety and security of the occupants and their guests. Additionally, the landlord would be removed from any liability pertaining to the negligent or criminal use of said items while within or about the property.

NOTES:
I don't carry nor am permitted to as a condition of my my employment, I have a FL CCW.

Thanks,

SC

Re: Lease help, quick review.

Posted: Thu, 09 Jun 2011 21:54:39
by Jakeiscrazy
I disagree with it having to be secured also. That's just me personally. Also make sure to write out CCW so he knows what it is.

Re: Lease help, quick review.

Posted: Fri, 10 Jun 2011 07:38:51
by zephyp
seanc wrote:ALL,

I need a bit of help. My landlord's lease bans firearms all together. He is open to language that will allow them but I wanted to get some feedback on my response to him, listed below.

Comments are welcomed and encouraged.

CURRENT LEASE POLICY:
The Tenant will not keep or use in or on the premises any explosives, flammable or combustible materials, firearms or ammunition. A fire extinguisher is provided at the start of tenancy. The Tenant is responsible for maintaining it and replacing it if needed.

MY DRAFTED RESPONSE:
I totally and completely understand the reasoning behind this condition. However, I'm currently employed with a Law Enforcement Agency and maintain a legal permit to carry a firearm, which required training, and proficiency with a handling firearm. The lawyers where I work recommend the use of the condition "secured" which is defined as any firearm holstered on a person, maintained within a locked storage container, disabled from immediate use through a trigger lock, or otherwise disassembled from immediate working order. So this statement would disallow any "unsecured" firearms in or about the premises for the safety and security of the occupants and their guests. Additionally, the landlord would be removed from any liability pertaining to the negligent or criminal use of said items while within or about the property.

NOTES:
I don't carry nor am permitted to as a condition of my my employment, I have a FL CCW.

Thanks,

SC
Its still early but the two bold statements seem at odds with each other...are you with LE or not and does your job require carry?

Re: Lease help, quick review.

Posted: Fri, 10 Jun 2011 08:11:47
by seanc
I am not a LEO but I work for them. I have a CCW, permit to carry. Thanks it. He is not well informed on gun regulations so deep explanations will more likely hurt my case.

I didnt get any real negative feedback so I guess its not so bad. Pro going to send the email today.

Re: Lease help, quick review.

Posted: Fri, 10 Jun 2011 12:13:27
by wylde007
You live in Virginia?

Don't make the permit an issue. One is not required to carry a firearm in the Commonwealth and is therefor not germane to the argument.

Alternately, if you live in FL (where your permit originates) is it not still lawful to carry a firearm openly without a permit?