Are my 2nd Amendment Rights Being Violated?

[Tucker 1371]

I posted about this a few times in a related thread about on-campus CCW holders but I've decided to put it in its own thread. My situation is this: I am a 19 year old freshman attending Georgia Southern University. I live in an off campus apartment community that belongs to a greater chain of apartment communities nationwide called American Campus Communities. My apartment community says that I am not allowed to have any type of firearm while I live at Campus Club (the name of my particular complex).

Since I am 19 an of legal age to own a rifle (but not a handgun) is it not a violation of my 2nd ammendment rights to tell me I cannot keep my guns where I live? Remember I live off campus so college campus rules should not apply.

 

[azredhawk44]

Not really.

The BoR and Constitution is a contract between We the People and the Government. Government is constrained by it.

You willingly entered into a private contract with this (dispicable, immoral, misguided, commie) housing provider and signed paperwork agreeing to not keep firearms.

Hence, the violation of your rights is due to your own creation. You could have chosen to live in a "real" apartment complex instead.

Now, you can sit here and respond with a list of perceived benefits that made you choose that complex over one down the street that couldn't care less about firearms ownership....
1. Free internet access
2. Campus network VPN
3. Bus Shuttles to campus facilities
4. Reduced rent over comparable market rates
5. Some other thing

But it still wouldn't matter because you chose to live there. You were not compelled.

Unless of course you WERE compelled. Then you'd certainly be in a situation where your rights were violated and there could probably be kidnapping or blackmail or extortion charges pressed against somebody.

 

[Tucker 1371]

I agree with all the lovely adjectives you placed on Campus (good-for-nothing-over-priced) Club. My two roomates and I are each paying $440/month to live there. Other than the outrageous price and their misguided policy on gun ownership it hasnt been bad. I will be finding a place that will allow me to keep my guns (and maybe my dog too) next year though.

 

[OuTcAsT]

Then again, Guns? what guns?, just might save your life, and what is worst case? they ask you to move? I would keep my firearm in my room, and my mouth shut, YMMV

 

[NavyLT]

Since I am 19 an of legal age to own a rifle (but not a handgun)

It is legal for you to own a handgun.

 

[scorpion_tyr]

It is legal for you to own a handgun.

Yes, it is. You just can't buy one I believe.

As far as the firearm in the apartment. azredhawk44 is right. I'm not offering any sort of legal advise, just general advise. If you choose to keep a firearm in the apartment, don't even let your roommate(s) know you have it. Say if you were to get a shotgun, or if someone were to give you a handgun and some ammo, stash is it somewhere safe, secure, and yet easy to get to. Don't tell anyone you have it, don't leave the weapon or ammo boxes or anything laying around. This is all just lessons I have learned from personal experience.

 

[Webleymkv]

Quote:
It is legal for you to own a handgun.

Yes, it is. You just can't buy one I believe.

I believe it's even legal to buy one from a private individual, a FFL just can't sell you one. If you move to Indiana, you can even get a license to carry one.

 

[Musketeer]

Your only arguments might be if the company receives any federal subsidies in connection with the housing they provide for students or if your state has a law regarding what a landlord may restrict within a rented domicile and your rights as a renter. For the latter you would need to contact an attorney in your state.

My advice, get out.

My secondary advice, if a gun happens to follow you home or be in your car NEVER EVER tell anyone about it. The "friend" who is busted by the campus for some rule may decide he can simply tell them about a more serious offense to get himself off the hook in trade. Nobody is your friend in that situation.

 

[ZeSpectre]

I've got to agree with azredhawk44.

 

[JuanCarlos]

First, no your 2A rights are almost certainly not being violated (posted it in the other thread as well). In general property owners' rights trump 2A rights, with very few exceptions.

My secondary advice, if a gun happens to follow you home or be in your car NEVER EVER tell anyone about it. The "friend" who is busted by the campus for some rule may decide he can simply tell them about a more serious offense to get himself off the hook in trade. Nobody is your friend in that situation.

Yes. I've seen it several times living on campus. Somebody who had a gun stored where nobody could possibly ever have seen it suddenly has the campus police knocking on his door (or having the RA key in, if he's not around...which they can do for weapons violations).

Either your friends will rat you out themselves, or they have loose lips and will tell somebody else who doesn't care what happens to you...then that person, when in a pinch, will rat you out. Never tell anybody. Not even roommates, if you can help it.

EDIT: Though violating the terms of your lease is a bad idea to begin with. Even though in this situation I'd not fault you for it.

 

[Tucker 1371]

It is legal for you to own a handgun.

Apparently not in Ga. I didnt know until I asked the owner of a local gun shop if I could hold one of the handguns behind the counter and he asked if I was 21, I said no and so did he. He lets me see the rifles though so I figured that was the law. Maybe I'm wrong.

I've already found a non gun owner hating apartment and the rent's cheaper so I will be staying there for the '09-'10 school year, it's a tad bit further from campus though.

 

[Playboypenguin]

While I am not sure how they would ever know what is in your bedroom closet, I also agree that this is not a violation of your rights. This is a private contract concerning conduct on private property.

 

[Musketeer]

Apparently not in Ga. I didn't know until I asked the owner of a local gun shop if I could hold one of the handguns behind the counter and he asked if I was 21, I said no and so did he. He lets me see the rifles though so I figured that was the law. Maybe I'm wrong.

That does not mean it was legal or illegal for you to own it. It is illegal for an FFL to sell you one per Federal law. For that reason I could see him refusing to hand you the weapon, he might not want to even tentatively step onto a path which could get him in trouble with an overzealous prosecutor by handing you a weapon.

You need to check with your state or a lawyer, not an online forum on this one.

 

[Bud Helms]

NavyLT and Musketeer are correct, GSUeagle1089. According to GA statute, you may legally own/possess a handgun if you are 18 yrs old. You, however, may not purchase from an FFL, if under 21, due to the federal restrictions under which he operates.

You can read every word in the Georgia Firearms and Weapons Act at http://www.lexis-nexis.com/hottopics/gacode/default.asp. You can go there and search or you can go directly to Title 16, Chapter 11, Article 4, Parts 2 and 3 (in their entirety) and read for your self.