Can Apartments Legally Prohibit Firearms?

As far as I know, any property owner can prohibit firearms on their property. Ask your lawyer.

Dingus said:

As far as I know, any property owner can prohibit firearms on their property. Ask your lawyer.

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i mean if i'm renting an apartment from someone else, can they tell me that i'm not allowed to have a firearm in "my" apartment if i am residing there?

JBarbaresi said:

i mean if i'm renting an apartment from someone else, can they tell me that i'm not allowed to have a firearm in "my" apartment if i am residing there?

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If it is in the contract that you sign to those terms, yes.

Pretty sure that it's not legal for a landlord to prohibit tenants from possessing firearms.

Code section 55-248.9 line 6.

http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+55-248.9

Prohibited provisions in rental agreements.

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Agrees as a condition of tenancy in public housing to a prohibition or restriction of any lawful possession of a firearm within individual dwelling units unless required by federal law or regulation; or

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wct097 said:

Pretty sure that it's not legal for a landlord to prohibit tenants from possessing firearms.

Code section 55-248.9 line 6.

http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+55-248.9

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awesome, that's what i was looking for because i was pretty sure under VA law they aren't allowed to prohibit the possession of lawful firearms but couldn't find the statute. thanks a million.

Did you read your lease agreement? Why would you tell them anyway?

fire65 said:

Did you read your lease agreement? Why would you tell them anyway?

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i did read my lease agreement 3 years ago when i moved in but didn't remember seeing anything about it. my wife is friends with one of the property managers and one day the topic of going to the range came up in conversation between them, at which point my wife was told to be quiet about our guns because they are not allowed in the apartment. i didn't think it was legal as per VA state law, so never really gave it much thought beyond that.

as of now it has not become an issue or been brought up, but we are currently having some other unrelated problems with the managment office, so before i butt heads with them too hard i wanted to cover all my bases and be proactive in case they try to get stupid about it.

wct097 said:

Pretty sure that it's not legal for a landlord to prohibit tenants from possessing firearms.

Code section 55-248.9 line 6.

http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+55-248.9

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That is cool that is in VA law.

ravenkeeper98 said:

That is cool that is in VA law.

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In a way, sure, but... if someone owns an apartment building, they should be free to ban guns if they want. So long as it's in the written, signed lease, of course.

If the state can force property owners to allow guns, they can just as easily force property owners to not allow guns. That isn't likely to happen tomorrow, next week, or next year in VA, but... NoVA liberalism could potentially drown out the rest of the state one day.

Join VCDL and stay vigilant.

caexpat said:

In a way, sure, but... if someone owns an apartment building, they should be free to ban guns if they want. So long as it's in the written, signed lease, of course.

If the state can force property owners to allow guns, they can just as easily force property owners to not allow guns. That isn't likely to happen tomorrow, next week, or next year in VA, but... NoVA liberalism could potentially drown out the rest of the state one day.

Join VCDL and stay vigilant.

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If a person is paying rent to occupy an apartment, they have every legal right to own and possess a firearm for their personal protection. The property owner isn't the one living there...the tenant is. I dealt with this exact issue in MN...I won, they weren't legally allowed to evict me based on me owning a firearm and having it on the property.

caexpat said:

If the state can force property owners to allow guns, they can just as easily force property owners to not allow guns.

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good thing we have that pesky second amendment thingy...

wct097 said:

Pretty sure that it's not legal for a landlord to prohibit tenants from possessing firearms.

Code section 55-248.9 line 6.

http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+55-248.9

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Keep in mind that it says "Public" Housing. Your typical Apartment Complex is not public housing.

BSG62 said:

Keep in mind that it says "Public" Housing. Your typical Apartment Complex is not public housing.

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The section, however refers to tennants and leases, not just public housing. Kind of like how the 2nd amendment references the 'militia', even though the "Bill of Rights" refers to "individual rights".

BSG62 said:

Keep in mind that it says "Public" Housing. Your typical Apartment Complex is not public housing.

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6. Agrees as a condition of tenancy in public housing to a prohibition or restriction of any lawful possession of a firearm within individual dwelling units unless required by federal law or regulation; or


There is an "OR" in there after the public housing statement.

And around here in NOVA most apartment complexes have at least a few Section 8 apartments in them.

ravenkeeper98 said:

If it is in the contract that you sign to those terms, yes.

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Just because it is in a contact “you” sign, does necessary make it legal.

I’m coming to really dislike the “Recommended Reading” feature...

since when has a "gun free zone" or "firearms prohibited" sign ever stopped anybody from bringing a gun anywhere?

Sam Spade said:

I’m coming to really dislike the “Recommended Reading” feature...

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Yeah, certainly brings ten year old threads back to life.