Guns are good, mmm’ kay!
If you don’t love guns and are afraid of them, you probably don’t like cats. If you don’t like cats I don’t trust you. These two things are closely correlated, LOL. I just said that to grab your attention! I’m just kidding, kind of. To be completely fair, if you are the type of person that trusts the government and wants them to take away our guns because you think it will make you safer, you are brainwashed! I’m sorry to be so harsh, but it’s true! Guns don’t kill people, people kill people. Drugs are illegal, but teenagers can easily get them! You don’t think bad guys will still be able to get guns?
“A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.” – 2nd Amendment
As usual, I digress. Here is the low down on tenants having guns:
If a tenant has a gun and it makes the landlord uncomfortable, can the landlord ask the tenant to remove the gun? What if the gun is held illegally?
This is a tough one to answer. There is a lot of grey area here!
I have a friend in Riverside who rented our their home to a husband and wife with 4 children. They paid rent on time and took care of the place inside and out, but neighbors reported to my friend that there were “characters” of all sorts coming and going at all hours of the night. One neighbor reported they saw a guy dump a woman out of his car right in front of the tenants house. She was bloodied and battered.
Three weeks later, the husband tenant was arrested for several charges, one being possession of an automatic AAC Honey Badger machine gun. That gun looks like this:
My friend wanted to evict based on the fact the tenant was charged with holding the Honey Badger automatic machine gun. But could he? That depends on several factors.
- Whats the state law?
- Is the gun held illegally?
- Whats the lease say about guns?
- Can the landlord prove weapons are on the property?
Does the state law allow landlord to prohibit tenants from having guns on their property? There are two constitutional rights now! property rights and right to bear arms.
A person can hold a permit for a gun but still own illegal guns. There is no national registry for guns, so it’s difficult to find out. Permits are in toed to people, not specific guns.
Even if the lease prohibits guns, how will the landlord prove it was actually the tenants gun? Landlords have to prove it was the tenants gun AND that the tenant knew it was there! Good luck with that!
And of course, the right to quiet enjoyment prohibits any undue searches. Unless you are really sneaky with a camera phone and can snap a few shots of guns laying around in a tenants closet and have no problem perjuring the court if the judge asks if this was an illegal search (taking into consideration the sneaky pictures), you will have a hard time evicting!
Want more information on property management? Call TGN Property Management here in Los Angeles. We are a full service property management company and handle all properties from single family residences, to Air BNB and our favorite type of property: apartments large and small! We also manage commercial buildings! =) 310 623 2704.
As always, have nice day! Since we are talking about guns, it would only make sense to link to FPS Russia!