Evicted for owning an AR-15 at Bradford Place apartments.

[tyler34]

geez next time tell me before you call in!

 

[tyler34]

does he have a podcast for his show?

 

[bwframe]

does he have a podcast for his show?

Garrison | Indy's News Center - 93.1 WIBC Indianapolis - Live. Local. First.

 

[longbow]

You all can call in on open line friday

 

[lashicoN]

It's a private property... isn't it? Isn't it up to the landlord, then?

To make up rules as they go, browse through people's personal belongings, and ban specific tools that aren't specifically, clearly, banned in the contract? No.

 

[red_zr24x4]

Do you know what section of the show was it in, A, B, C

 

[Scutter01]

Do you know what section of the show was it in, A, B, C

It's in the "B" section and it starts about 13:45, right after the commercial break.

 

[red_zr24x4]

Thanks!

 

[schm00g13]

Hmm. Guess that I better check my lease. Personally I spent a few bucks on a locking cabinet that sits in my closet. All of my gear is locked up. Especially when I am not there and, as another poster mentioned, I am pretty stealthy when loading up the car for a trip to the range. I am still puzzled that this company has a "policy" of allowing their staff to rifle through tenants belongings under the guise of "inspection". Sounds like what happens to inmates in a prison. I would wonder about the chance of bringing a case against the maint. man that took it upon himself to go into the closet, find the case, then open it. Legal issues aside, this sounds just down right unethical. Scumbags.

 

[longbow]

I'm in meetings-anyone going to call Greg at his show today? Greg Garrison at WIBC

 

[Beau]

I still don't understand how a place can evict someone for this. Even if it was in the lease how can it be legal to require a person sign away a right in order to live there???

Could they then ban the Bible from their apartments? What about a flag or picture hanging on a wall they didn't agree with?

I mean if they can legally ban renters from having firearms then what is to stop a mortgage company from doing the same thing?? Technically the bank owns your house until it is paid off. The only difference with an apartment is that no matter how long you pay for it you will never completely own it.

A few people here have said some stuff about property rights. I think it's nonsense to believe that an entity has the right to strip a person of their rights because they provide them a place to live. As people we have inalienable rights. Why would anyone believe those rights can be taken away based on where we choose to live?

 

[Chesh97]

I still don't understand how a place can evict someone for this. Even if it was in the lease how can it be legal to require a person sign away a right in order to live there???

Could they then ban the Bible from their apartments? What about a flag or picture hanging on a wall they didn't agree with?

I mean if they can legally ban renters from having firearms then what is to stop a mortgage company from doing the same thing?? Technically the bank owns your house until it is paid off. The only difference with an apartment is that no matter how long you pay for it you will never completely own it.

A few people here have said some stuff about property rights. I think it's nonsense to believe that an entity has the right to strip a person of their rights because they provide them a place to live. As people we have inalienable rights. Why would anyone believe those rights can be taken away based on where we choose to live?

This is what I was thinking too. I know the OP said he got legal advice, but I was always under the impression that you have renters rights. The property you are renting is your dwelling, and they cannot violate your constitutional rights because they don't like them. Maintanence inspections do not require them to snoop through personal belogings, nor can they tell you that you cannot have the right to protect yourself.

I know a lot of people always say sue, sue sue... but in this case, I think I would based on principle alone!

 

[Bill of Rights]

I don't like it that the apartments do this, but to answer your question, Beau, yes, you can voluntarily contract to restrict your own rights. Think about the TV version of the Miranda warning: "You have the right to remain silent. If you give up the right to remain silent, anything you say can and will be used against you in a court of law..."

What the amendments protecting those rights say is that the government cannot take your ability to exercise those rights from you, barring due process (i.e. they can take your liberty by putting you in jail.)

What it comes down to is that no one is forcing you to live there. If you don't agree with the terms of the rental contract, don't sign it.

Blessings,
Bill

 

[ArmedProgrammer]

Chesh et al...

I'm a landlord. Here's a quick rundown on landlord tenant law. I'm not a lawyer, I didn't stay at a Holiday Inn last night, you know - the usual caveats....

1) As a renter, you absolutely have the right to "quiet enjoyment" of the premises. In short, this means that the landlord or their agents have no right to harass you or otherwise interfere with normal life.

2) The landlord HAS the right to inspect the property. I give people 24 hours notice and I WANT them to be there when I do it! Why? If they are ALWAYS with me, there is not a chance of me stealing from them - nor any accusation. For the record, I never enter a place alone either. There's always my wife or son or ?? with me. I want no accusation of any other kind of hanky panky either. The inspection does NOT give the landlord the right to rummage through your stuff - just to make sure that the premises are in working order. THIS WAS THE MAIN THING THAT WAS VIOLATED IN THIS CASE IMHO....

3) Contrary to what you may think, you can indeed "sign away" your rights... It IS legal to have a "gun free" apartment complex. I WOULD NEVER DO IT. But it is legal. Just like "no pets", "No smoking" or any other clause... BUT (and this is KEY) you MUST have agreed to it when you signed the lease! You have the constitutional right to yell at the top of your lungs too... but you agree not to disturb others in one of my leases.... You have the Constitution right to remain silent - but you CAN choose to give up that right.... there are a zillion examples of this. I would NEVER ask you to - but some people would...


Bottom line - "they cannot tell you that you cannot have right to protect yourself??" - not strictly speaking - but YOU CAN GIVE IT AWAY.

There are very few "protected classes" that cannot be discriminated against. Most revolve around race, religion, sexual orientation, etc. Gun ownership is NOT a protected class... May I suggest that you read your leases VERY carefully before signing? They are a CONTRACT...


While I would be the first to jump in line to OC over in Longbow's situation, it IS within their rights to ask him to sign away the right to have a gun if it alarmed others. Here's where I believe that they were WAY OUT OF LINE: a) I don't believe that the lease specified that no guns could be there - just that they could not be there and scare the neighbors. In the absence of scared neighbors, I think that the lease is a little thin in that area to be basing an eviction on. b) The big one is violating the person's property by snooping and opening the case. That's a BIGTIME no-no that looks really bad in ANY court.

Remember that as landlord-tenant law goes - Indiana is relatively landlord-friendly.

Again - read your lease before signing it.

 

[ArmedProgrammer]

BoR beat me to it...

 

[Bill of Rights]

BoR beat me to it...

Yeah, but you said it from experience. Thanks for sharing that.

Blessings,
Bill

 

[DragonGunner]

You need a new lawyer an sue....but since you've already moved its probably too late, contract did not include your giving up your rights to own guns....they could of an should of put that in there if thats what they wanted so you would of known...they didn't, they bluffed, you moved....hope the new place works out better for your son.

 

[KG1]

I guess in the end it wiil probably work out better for the OP's son to move somewhere else. I don't think I would wanna live somewhere that encourages their maintenance employees to ransack and rummage around thru a tenant's personal belongings under the cover of a "routine" inspection. That's the biggest problem I have with this incident. I guess you could alway's look into going the lawsuit route which I gather the OP did in consulting a lawyer but in the end I take it that the best route to go was just to move and put the word out about Bradford Place Appartments.

 

[longbow]

fyi -

In the end I let my son decide. They let him out of the lease 4 months early, with no penalty. Attorney told him what he could expect and he said he would win, but it would be $xxx.00

He said, he would offer help on getting the state law changed, and I think we all should move in that direction.

To those of you who don't like what happened, have you called, emailed or visited them? Spread the word so other gun owners or future tenants, do not live at this place.

 

[chizzle]

If your son would like to create a Paypal account that would help potentially fund his legal fund and moving expenses, I bet he would be overwhelmed with the support from fellow gun owners.

Just a thought.