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CCW Issue


Jst2fst
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**Can't find the legal section for this to go in and it fits both legal and firearms. Move if needed.

OK so when I moved into my new apartment they had a CCW clause that limits where they are off limits office laundry room and any common area including hallways of the buildings. I'm fine with the office and laundry room but it makes it impossible for me to leave my apartment with my handgun. My only problem I have is that I live in an apartment building that has four apartments and the "common" area in the lease says hallways are a no carry zone or face eviction. My hallway is like ten feet from my door to the outside door.What I have a problem with is that they make it impossible for me to carry from my apartment to my vehicles and back to my apartment. I've spoken to some police officers and they said that their pretty sure that they can't do that as I have no other way of bring my handgun outside of my apartment. They way they want it transported is how ohio has it if you don't have a CCW.

I was told my the officer to contact the NRA and they might be able to help me I'm trying to find a local chapter that can do so as well asking OR. I've also been checking the Ohio tenant laws as well the ORC to see if this is legal. I know I signed a lease and am bound to some extent but this is the first I've ever herd of this. I even called the CCW Office and they told me to lawyer up. I need some help on this. Thanks

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That's a lease I wouldn't have signed.

Yea, I know :nono: I was in a pinch and my only option. They don't even have a section for the town homes that have their own private entry only for apartments.

seriously?

You are making a big deal about nothing.

It's concealed... Right?

Don't waste time worrying about that BS.

Yea, I'm being serious I just don't wanna take the chance. Trying to be responsible.

Edited by Jst2fst
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Walk out your back door, and wear a path through their grass. :D

If my patio door had a key I'd have no problem doing this.

Try to call Buckeye Firearms Association. I bet a letter from them might get the lease changed on your apartment.

I'll try and give them a call tomorrow on my break. Thanks

Ok so carry it mag out in a pouch/holster out side then put mag in and go about your day. That would be transporting a firearm not carrying it? or just go deep concealment and don't worry about it.

True, this is an option I had not thought of. :rolleyes:

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Does it say concealed firearms specifically? If not, walk out with it in plain sight, then conceal it. Open carry is legal in Ohio.

Yea, it says concealed only I'm a little hesitant to open carry here. Not sure if they will try and act funny here though.

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http://codes.ohio.gov/orc/2923.126

section ©(3) (b) A landlord may not prohibit or restrict a tenant who is a licensee and who on or after the effective date of this amendment enters into a rental agreement with the landlord for the use of residential premises, and the tenant’s guest while the tenant is present, from lawfully carrying or possessing a handgun on those residential premises.

Sounds pretty promising to me.

That being said, I am not a lawyer, and only they can tell you exactly how the law applies in your situation.

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http://codes.ohio.gov/orc/2923.126

section ©(3) (b) A landlord may not prohibit or restrict a tenant who is a licensee and who on or after the effective date of this amendment enters into a rental agreement with the landlord for the use of residential premises, and the tenant’s guest while the tenant is present, from lawfully carrying or possessing a handgun on those residential premises.

Sounds pretty promising to me.

That being said, I am not a lawyer, and only they can tell you exactly how the law applies in your situation.

Print this off and tell them they are violating the law and your rights.

You have contacted NRA, BFA and they must comply or you will have your lease torn up.

Edited by jagr
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I wouldn't print anything or say anything more about it to anyone by doing that your just going to draw unnecessary attention to yourself and cause them to watch your every move. The terms of the lease are illegal so if they ever tried to evict you then you just fight it but unless that happens concealed means concealed and leave it at that.

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Ok so carry it mag out in a pouch/holster out side then put mag in and go about your day. That would be transporting a firearm not carrying it? or just go deep concealment and don't worry about it.

If the mag is loaded and the gun and mag are within reach then the gun is "loaded" WRT transport laws. Mag must be unloaded, technically.

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Not something I would waste thought cycles on. I certainly wouldn't kick up a stink lest you be evicted anyway (or get put on double-secret-probation where they will evict you for the slightest infraction of the lease, such as a noise complaint or parking with one tire on the line)

They could write "You must ride a bison down the corridor to and from your apartment every day" if they want, and you coudl sign it, but I seriously doubt a court would enforce it.

So comply with the orders that are lawful and reasonable (office, laundry room) but *MY OPINION* is that barring the corridors is overreaching, unreasonable and unenforceable.

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