Q: If you are renting from a landlord, and they have a "no guns" clause in their lease contract. What are some punishments?
I would love to know if their is a law against having a gun in an apartment complex that is private and has a no gun clause in the lease agreement. Are there any defense for having/using a gun (maybe not even firing it, but just drawing it to protect yourself/property/others in trouble). Would love to know!
A: I am not aware of any state laws that prohibit weapons in private residential complexes. That said, I find it highly unlikely given that the 2nd Amendment is a federal constitutional right - subject obvious regulation. There are defenses to having/using a gun but the defenses are very fact-intensive. You should consult with a lawyer to be sure how any defenses apply, if at all, to your situation.
You have a Constitutional right to possess a gun, but you can agree to limit that right by contract. Nothing prohibits such a clause in a contract with a private (non-government) party. However, the contract would not be able to limit what you do somewhere Other than on the leased property.
Criminal defenses to having a gun or using it are very different than defenses for having or using a gun as a violation of a contractual provision. Potentially, I could see this being treated on the civil side as a breach of the lease, so I personally would not lease at a place that required such a clause. Your other alternative is to ignore the provision, and take the risk that if you have to use it, you might also get evicted.
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