Posted on 04/21/2025 10:32:06 AM PDT by george76
Buy a billboard as near there as possible:
HEY, VIOLENT CRIMINALS!!!!
THERE ARE NO GUNS AT CARLTON APARTMENTS!!!!
HAVE FUN, YA’LL!!!!...................
Surprised this isn’t illegal in FL...
> Surprised this isn’t illegal in FL... <
It’s a conflict between 2A/self-defense rights and property rights. Property rights prevailed, as it probably should have.
I agree with you on this one.
It’s worth noting that the Bill of Rights only protects you against government overreach. It does not protect you against overreach by a private party.
The apartment complex made a foolish decision. Not much different than those worthless “gun-free zone” signs. But the 2A doesn’t apply here.
Why? It is their property. If you don’t like it. Stay your ass the way from there. It is what I do.
Leases do not have supremacy over state law.
Since the tenant had the right to do this under the castle doctrine (which pertains to any residence) and stand your ground laws, the landlord has no authority to restrict that with a lease.
If I were the tenant, I would not leave willingly and have the landlord file the eviction petition in court and appear at that hearing with the above defense.
p.s., I forgot to say, the provision in the lease restricting the discharge of a firearm pertains not to self defense but to discharge in general, i.e., you can’t shoot cans in the parking lot or what not.
Details?
One said “attempted to enter.
A other said “entered”.
By door or by window?
I remember of reading about similar signs going up in 1968 in the anti-gun hysteria after Bobby Kennedy was murdered by a Palestinian Immigrant.
“THIS HOUSE IS NOT ARMED!”
It did not last long. Others preferred the “SOUL BROTHER!” signs from 1967.
The joke is on Carlton Apartments... Nobody in their right mind obviously obeys their “no gun” policy just because they know it is a death sentence to do so.
Note to self... if there is any chance I get so drunk as to not know where my apartment is, make sure I have marked it with some decor that can’t be easily moved so I enter the wrong apartments of the cute girls across the hall.
P.S. I don’t drink.
More than property rights, I’d say contract law is at issue.
FLORIDA NOT a ‘stand your ground’ place???
“The joke is on Carlton Apartments... Nobody in their right mind obviously obeys their “no gun” policy just because they know it is a death sentence to do so.”
I pretty much carry everywhere.
I walk past signs regularly that say “no guns allowed” or such.
If they’re gonna stop me they better put me through a metal detector.
Florida is SYG state and has a castle doctrine.
This apartment complex is out of their ever loving minds, and a good lawyer should be able to put it right.
Some rights are more inalienable than others? Even in Florida?
Evicted for defending your life is not a property rights issue. It is a basic life issue.
It's not a property rights issue. The landlord opened a commercial business and their rights differ from an owner-occupied residence.
If the landlord doesn't want to run a business that recognizes the U.S. Constitution, remove their business license and have them source their own police, fire, EMT protection, sewage, water lines, electrical lines, street access, etc. Then they can do whatever they want.
> If the landlord doesn’t want to run a business that recognizes the U.S. Constitution… <
The Constitution’s Bill of Rights regulates the relationship between the government and the citizens. It does not regulate the relationship between citizens.
For example, the 1A protects freedom of speech in a public forum. But it does not protect freedom of speech in a private place. You are not protected if, say, you walk into a Ford dealership and yell out “Fords are junk.” Out you will go, legally and pretty darn fast.
Don’t get me wrong. Everyone had the right to self-defense, and even more so in their own domicile. So I’m really torn here. Someone else posted here that this is at heart a contract issue.
I think that’s correct. If the lease says no guns, then it’s no guns. If you don’t like that (and you shouldn’t), don’t sign that lease. Look elsewhere.
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