Can a Landlord Prohibit Firearms in MA?

[smeds]

I'm moving into a new apartment soon and was planning to take my guns with me. A (non gun owning) friend recently asked if it was OK with my landlord, and I replied that there was no prohibition of firearms in my lease, and the landlord had never asked about the matter, so I had no reason to believe it wouldn't be, but it got me thinking. In a few hours of research I've come across people saying that MA is one of the states that has a law on the books forbidding landlords from restricting firearm ownership (I know other states like Minnesota have this), but I'm not inclined to believe it unless I can find the law itself, which so far I haven't. I've also read the justification that MA law considers rented property to be your legal home, and therefore protects your activities there along the same lines as they would be if you owned the property yourself (with certain caveats). I'm on good terms with the landlord and don't want to antagonize them, but also don't want to forfeit rights if I have them.

I'm new to renting, and could use the advice of someone here on NES that can clear this up for me. I know the 2nd amendment regulates what the government can do, but I hadn't thought so much before about its ramifications in situations between private parties like this.

 

[Knuckle Dragger]

Caveat: Although I'm a landlord, this isn't my area of legal knowledge. But...

In most rights related cases rental housing is treated no differently than a home you own. The police can't search your apartment based upon the consent of your landlord. I don't know if there's a specific law, but I've never heard of a landlord forbidding guns in their apartments. I think it would be impossible to enforce and possibly ripe for a civil rights challenge if a land lord did try.

My advice thought: don't ask, don't tell.

 

[Reptile]

I couldn't see how a land lord could prohibit guns.

They are even allowed in public housing.

 

[jct61765]

I am so happy I live in New Hampshire. I have so much less to worry about.

 

[Cabin Fever]

I would think they could, but I would also think that they would never even think of doing it.

Kind of like how Massachusetts has so few restrictions on where one can carry.

 

[RImike]

This happened to me once, I was living in a unit next to a school. The landlord saw me one day after a trip to the range with my "arsenal" as he called it and flipped his shit. Told him to pound sand and walked away, he tried to evict me because it was a what he claimed was a "school zone" and everything. The best part about it was I was planning on moving anyways, but with the Rhode Island laws I won, plus during the eviction process I didn't have to pay rent, and they moved my stuff for me all on their dime . The kicker, the landlord was an ass and had a heart attach shortly after what he claims the stress I put him through and his sons were threatening me and being hostile, I kindly reminded them what this issue was all about and said everything they do and say is documented, so if there are any "issues" it has been document that you have threatened me. I've never seen people turn tail so quickly and all of a sudden become best friends.

 

[PigPknHeat]

Depending on the type of landlord and property there may be several people out there with the keys to your unit. Could be RE agents, maintenance, etc. Make sure they are secure. You could change the locks but that would require Landlord Approval technically.

When I was renting I came home once to find an RE agent showing my place as an example even though it was not available for rent, I was pissed. I told my landlord I was changing locks and if that was a problem to come see me in person, he never did just said to send a copy of the key. That never happened.

 

[FPrice]

There is a large apartment complex in Holyoke (Beech Street I think) that had a very prominent "No drugs, No guns" sign. It looks like some sort of government subsidized complex.

 

[hpm]

I am so happy I live in New Hampshire. I have so much less to worry about.

There are no landlords in NH?

Not true for NH, but when it comes to restrictions on where to carry, there are many gun friendly states that are worse than MA. (binding signage comes to mind or carry restrictions in bars and restaurants)

 

[Matt E]

Guns are NOT a protected class in MA there for the property owner could add a clause that would be legally binding in MA. With that being said the only things that the landlord could do is A) Get a TRO ordering them removed from the property and/or B) It's counted as a lease/rental agreement infraction in a "for cause" eviction.

 

[Rob Boudrie]

Guns are NOT a protected class in MA there for the property owner could add a clause that would be legally binding in MA

This could get tricky, and the federal courts might (emphasis, might) find that certain rights cannot be waived by renting. For example, clauses like "tenant agrees landlord may search the unit for contraband at any reasonable hours" would probably not hold up, nor would a clause "tenant agrees that in all controversies, decision of the landlord shall be final". Other clauses, like agreement to binding arbitration, would likely hold up. In short, the issue is complex and the answers not obvious.

And, if a landlord tried it, (s)he might find himself in the position of having to hire legal counsel to defend against a suit brought in federal court by a triumvirate of firearms rights activists/litigators.

 

[crazymjb]

I had a friend who rented a room in a house and they told him no to his guns. He kept his long guns at my place and his glock on him...

I dont know if it was legal but he didnt want to ruffle feathers. Ive leased 3 different places the last 5 years and had guns in all of them.

Mike

Sent from my cell phone with a tiny keyboard and large thumbs...

 

[Matt E]

This could get tricky, and the federal courts might (emphasis, might) find that certain rights cannot be waived by renting. For example, clauses like "tenant agrees landlord may search the unit for contraband at any reasonable hours" would probably not hold up, nor would a clause "tenant agrees that in all controversies, decision of the landlord shall be final". Other clauses, like agreement to binding arbitration, would likely hold up. In short, the issue is complex and the answers not obvious.

And, if a landlord tried it, (s)he might find himself in the position of having to hire legal counsel to defend against a suit brought in federal court by a triumvirate of firearms rights activists/litigators.

I agree. I don't see how a search would hold up in any case. Be it with the police, state or federal courts etc. I'm simply saying they can add the language that they restrict them. Just because it's restricted doesn't mean they have free run of the apartment. Which in the case of housing court the two hopes would be what I mentioned above. I don't see who would want to get in to arbitration etc because it has no teeth and is meaningless, essentially because there is no verification unless they did a search as you outlined above.

Really the only things a landlord could do that has any impact or force would be to evict the tenant or get the TRO and have some sort of proof ie exterior camera of firearms coming and going from the property. Even then the TRO hasn't really stopped anything and will just lead in to the for cause eviction. So where does this leave us? A pissed off landlord and a pissed off tenant who probably will stop paying rent during the dispute. In the end it's better to leave the issue alone. Unless they're like me and strongly recommends ownership and take my tenants to the range lol

 

[Wicked1911]

IMO the landlord doesn't need to know what's in your safe, would you tell him how much money you have in your safe? No. Concealed means concealed.

 

[Realtor MA]

I am so happy I live in New Hampshire. I have so much less to worry about.

Your comment has nothing to do with the thread. Maybe if you stopped spewing forth the mantra that you love so much you would've actually read at least the OP and you would have seen this quote.

In a few hours of research I've come across people saying that MA is one of the states that has a law on the books forbidding landlords from restricting firearm ownership

At which point you might ask yourself if New Hampshire has the same protections. Do they?

 

[Business]

if its not in your rental/lease agreement I wouldn't sweat it at all

 

[Cabin Fever]

And if it is an issue there are all sorts of discreet cases. Concealed means concealed!

 

[dgrafton]

I was getting ready for Hora Dolor in the fall. Had 2 ARs, 2 shotties, 3 handguns, vests and about 3000 rounds of ammo spread on my couch, and my edc on my hip. My landlord showed up unexpectedly to ask if I had hung the new co detector. When he came in, all he said was 'you have a lot of fishing rods'. The rods are on peg hook style hangars, ABOVE my couch.


Sent from my iPhone using Tapatalk

 

[dgrafton]

There is a large apartment complex in Holyoke (Beech Street I think) that had a very prominent "No drugs, No guns" sign. It looks like some sort of government subsidized complex.

I run a 94 unit elderly complex on Cape Cod. One half is HUD, one half is MassHousing. Have close to a dozen residents with LTCs and a couple more that are pondering getting theirs.


Sent from my iPhone using Tapatalk

 

[rchap36]

Guns are like dogs in mass a landlord can say no to guns but I think it needs to before you pay and sign

 

[usp45ct]

I am so happy I live in New Hampshire. I have so much less to worry about.

I don't think this applies. I am sure there are landlords in NH that would try this as well.

 

[carbuncle]

I am so happy I live in New Hampshire. I have so much less to worry about.

It's in a friend of mine's lease here in NH, he saw it on the day of signing and doesn't care...

 

[Mudfish]

It's in a friend of mine's lease here in NH, he saw it on the day of signing and doesn't care...

From what I read on here I thought every property in NH came with a complimentary AR and a closet full of ammo.

 

[smeds]

Thank you all for the input; from what I gather it does not seem like it will be an issue. It still seems like a potentially thorny legal question since it concerns property rights, contracts, and a dash of state/local jurisdiction, but for the most part seems a sleeping dog that's best left alone. If my landlord asks I'll freely tell them, but otherwise no reason to rock the boat. I'll be moving out of MA within the year, but being in the military for at least the next seven years I'll still be renting more often than not (not interested in the hassle of selling a house every 2-3 years as I change assignment) so I feel better having more of a grasp on the issue.

 

[jct61765]

There are no landlords in NH?

Not true for NH, but when it comes to restrictions on where to carry, there are many gun friendly states that are worse than MA. (binding signage comes to mind or carry restrictions in bars and restaurants)

Yup, but I don't live in them either.

 

[jct61765]

From what I read on here I thought every property in NH came with a complimentary AR and a closet full of ammo.

They do one of our best kept secrets.

 

[jct61765]

I don't think this applies. I am sure there are landlords in NH that would try this as well.

It would be like a landlord telling someone they cant own a chevy. I'm sure if someone tried, it would be on the news up here.

 

[Realtor MA]

I would think by now you would at least read the thread before you comment.
I know NH is a cure all for everything.

It would be like a landlord telling someone they cant own a chevy. I'm sure if someone tried, it would be on the news up here.

 

[kalash]

How would your landlord ever find out without a) going through your stuff, or b) you telling him?

 

[lancecolonel]

i have seen a lease agreement that had a section about guns being stored in accordance with (mass) state law if they are on the property. never thought twice about it....