I live in Maine. My rental lease says no one can have a firearm but the federal housing law states the rental location cannot tell the tenants to not have a firearm. Which rule applies over the other?
Please remember your State and Federal Laws. Our crazy states are all different and changes do happen.
Like a Mall or a Bank stickers are posted to tell us NO WEAPONS and FIREARMS ALLOWED inside, (SHORT VERSION).
Like a Post Office, that Building is FEDERAL, Your State run operated SCHOOLS and Businesses, LAWS are made to control and Gun Control continues to grow. Federal Property, you can also be arrested and any State Posted “No Trespassing”, they are strict and they mean business. Research is needed and I do not wish for anyone to go to jail for a innocent mistake.
Welcome to the community @Robert1447
I’m not a lawyer and would seek advice from one if I were you. But with a quick search of Maine firearms laws I only found this:
Unless you are living in a federally subsidized apartment or there are other laws pertaining to renters in Maine you will likely be bound to your rental agreement and could be evicted if found to posses a firearm on the property. You could also potentially be subjected to other legal issues for possessing or using a firearm in a location where you are not allowed to have one.
Appreciate your help. Law Enforcement here in Florida can and will arrest you and that is the easy part. The interrogation part and lies from the officers can re-sink the Titanic over again. Talk to USCCA
and ask for a state representative that will help cover some questions from your state. Like your Liability Coverage and ask for References to your most needed concerns.
Talk to your ATTORNEY, that will cost a lot.
Your rental agreement is a contract between you and your landlord. You promise to abide by the terms of the lease in exchange for the landlord allowing you to reside on the landlord’s property.
I suggest that you ask your landlord if you can possess firearms as many times landlords simply use some sort of boilerplate lease agreement that they copied from some internet site.
If the answer is “You may not possess firearms on my property as a tenant” then find somewhere else to live. If you want to bring a federal housing law-based lawsuit against your landlord, that will (1) be really expensive for both you and your landlord no matter who prevails; and (2) it will be you forcing your landlord to rent to you under conditions your landlord disagrees with. When your lease comes up for renewal, prepare yourself for a rent shock.
Doing this would also likely make it known throughout the apartment complex that you posses a firearm. Something I would not want to do unless I knew all my neighbors were trustworthy and didn’t have any issues with firearm ownership.
If the Federal law states a person has a right to a firearm there they may be able to use that as an affirmative defense in a legal case should someone find out they posses one and take issue with it. But that could be expensive and messy as well especially if that someone signed a piece of paper saying they agreed not to posses one on the property. I personally would recommend consulting a lawyer before deciding whether or not to posses a firearm under these conditions. I’d be leery of bringing up the topic with the landlord before doing so.
One possibility might be to bring up this issue with a local pro 2A group. Maybe they could have someone inform the landlord that their lease agreement may be illegal without having to reveal your own identity and status as a firearm owner.
It might be simpler to live somewhere else after telling the landlord that you are doing so because of the firearms restriction. Vote with your feet.
Maybe. Though finding affordable housing in many places today is almost impossible for the average person/family. I’ve read of many semi affordable places with waiting lists over a year long. And many of those may have the same broiler plate restrictions. So they aren’t losing more than a month’s rent before they get someone new in there that will agree to whatever rules they set.