She saw a black teen trying to break into her daughter's room one night, so she grabbed her legal gun and shot him.

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  • MrSmitty

    Master of useless information
    Rating - 100%
    13   0   0
    Jan 4, 2010
    4,574
    113
    New Albany
    How can a landlord prohibit guns?I thought there was some sort of constitution that allows guns ownership...or something like that
    Purple implied....
     

    Ark

    Grandmaster
    Site Supporter
    Rating - 100%
    25   0   0
    Feb 18, 2017
    6,818
    113
    Indy
    How can a landlord prohibit guns?I thought there was some sort of constitution that allows guns ownership...or something like that
    Purple implied....
    Texas must not have the same laws as other states prohibiting landlords from stepping.
     

    Leo

    Grandmaster
    Rating - 100%
    30   0   0
    Mar 3, 2011
    9,803
    113
    Lafayette, IN
    Texas must not have the same laws as other states prohibiting landlords from stepping.
    I have rented a couple houses in Indiana and the leases were the standard boiler plate leases. They all had anti gun and other freedom robbing items. I simply run a black marker through the offending items before I sign it and after I have put a stack of pictures on Benjamin Franklin in their hands.

    I am told that does not work with corporate landlords, but I did it on a corporate owned duplex in Lafayette. The hired manager said she would have to check on it, but she never bothered me again.
     

    Twangbanger

    Grandmaster
    Rating - 100%
    21   0   0
    Oct 9, 2010
    7,100
    113
    It's the police chase thing all over again.

    Insurance companies, liability coverage, and risk mitigation.

    If she shoots through a wall and accidentally kills the neighbor while defending her family, the neighbor's family will sue everyone in sight. The existence or non-existence of a policy prohibiting guns could determine who ends up owning the building.

    But if she has no gun, and her family gets killed... the landlord will clean the place up and rent it out again.
     
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    dudley0

    Nobody Important
    Rating - 100%
    99   0   0
    Mar 19, 2010
    3,733
    113
    Grant County
    I have rented a couple houses in Indiana and the leases were the standard boiler plate leases. They all had anti gun and other freedom robbing items. I simply run a black marker through the offending items before I sign it and after I have put a stack of pictures on Benjamin Franklin in their hands.

    I am told that does not work with corporate landlords, but I did it on a corporate owned duplex in Lafayette. The hired manager said she would have to check on it, but she never bothered me again.
    As a current landlord I would have not allowed you to rent from me. You do not get to change the terms of the lease. That is my job. Stacks of Bens make no difference. Just saying.

    But I do not have any wording about firearms in my lease. If a tenant starts acting a fool they will be asked to leave. I do not believe that I could be held liable for a tenant shooting poorly. Maybe if I required that all tenants have firearms, but being silent on it I believe I am as safe as can be expected.
     

    Leo

    Grandmaster
    Rating - 100%
    30   0   0
    Mar 3, 2011
    9,803
    113
    Lafayette, IN
    As a current landlord I would have not allowed you to rent from me. You do not get to change the terms of the lease. That is my job. Stacks of Bens make no difference. Just saying.

    But I do not have any wording about firearms in my lease. If a tenant starts acting a fool they will be asked to leave. I do not believe that I could be held liable for a tenant shooting poorly. Maybe if I required that all tenants have firearms, but being silent on it I believe I am as safe as can be expected.
    That would be both of our freedoms. Fee market and all. I can respect that.

    Have you ever read those generic leases they sell at the office supply or that you can down load on the internet? They read like the rules for a felon in prison. In addition to the no firearms demands, some are just stupid. Like no petroleum products can be stored on the property when it has a two car garage and the tenant is required to maintain the lawn. And if my brother comes by traveling from Camp Lejeune, He is going to spend the night, and I am not going to ask permission in writing 72 hours in advance.

    Yet the landlords still present the garbage contracts every day, often to people who will not pay the rent and care for the property anyway.
     

    dudley0

    Nobody Important
    Rating - 100%
    99   0   0
    Mar 19, 2010
    3,733
    113
    Grant County
    I have seen them. I like to scoff at them. I have rules in my lease that some do not like. Free market and my property.

    Things like no guests allowed to stay longer than three days. I have reasons for that. Proven needs from court proceedings.

    No fuel to be stored in the house proper. Have some apartments that I take care of the lawn. One knucklehead decided that his scooter was worth more than my place and drove it into the apartment. Go figure.

    I have rules about not disturbing the neighbors as well. Some might not want to live in my places when they can't blast loud music at all hours of the day.

    The complex in the OP has every right to evict her because of the gun. I wonder if this is a zero tolerance situation or if there is more to the story. It's sometimes easier to use a niche rule to get rid of a troublesome tenant.

    Tried a quick and free search on her name but can't get into her county.

    Don't get me wrong, I think it is great that she protected her family. Housing is tough right now. It might be hard for her to get a new place. I don't understand the grand jury case about it either. The snippit made it sound like the GJ was to see if she could stay or not. Some parts of TX are pro-tenant but either way all they have to do is non-renew her lease if they have nothing else that would put her in non-compliance.
     

    BugI02

    Grandmaster
    Rating - 0%
    0   0   0
    Jul 4, 2013
    32,138
    149
    Columbus, OH
    The only place I have heard of such a stricture (admittedly, I haven't rented in a very long time) is in section 8 housing and IIRC it is a federal rule
     

    JAL

    Master
    Rating - 0%
    0   0   0
    May 14, 2017
    2,177
    113
    Indiana
    Texas must not have the same laws as other states prohibiting landlords from stepping.
    Texas has a law preempting landlords from prohibiting firearm possession or ownership by their tenants making it unenforceable. I would presume it also covers a "Gun Free" HOA Rule. It was passed into law in Texas HB 302 in 2019, and went into effect in September 2019.

    https://capitol.texas.gov/tlodocs/86R/analysis/pdf/HB00302E.pdf

    @KellyinAvon
    I would hope that Indiana has a similar statute that prevents landlords and HOAs from enforcing "NO GUNS" clauses in their leases, rental agreements or HOA Rules. There is a move being made by groups such as Moms Demand and similar groups to implement "Gun Free Zone" HOA Rules that impose massive HOA fines for owning or possessing firearms in or on any property covered by the HOA including all the private homes/condos/dwellings, not just common areas (which includes their parking lots) -- and implementing monthly inspections by HOA officials to ensure there are no firearms, and authorizing their immediate confiscation. Insidious. Dastardly. Nefarious. I'm at a loss for the words to describe how evil that is. They will stop at nothing to disarm anyone they can.
     
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