> Indiana Gun Rights and Apartments?

Indiana Gun Rights and Apartments?

Posted at: 2015-03-04 
The landlord is not a trespasser. A pain in the butt who should be providing notice before entry, but not a trespasser. If you did hang the sign, it wouldn't even apply to them and I doubt it would alter their behavior in any capacity other than to make them start looking for a reason to get rid of that 'crazy guy in 1B that threatens to shoot people', legally posted or not. Just think about the other consequences of trying to take this matter into your own hands this way. If your main complaint is with them entering without notice, you should be sending written complaints to the manager rather than risking an accidental shooting. Rule #1 of gun safety- never point at anything you don't intend to kill.

The right to own a gun is not the same as the right to have it with you wherever you go, let alone threaten anyone with it. I know people in Boston who own "assault-type" weapons that were banned in Boston, so they store them outside the city, unlike criminals who ignore all such laws.

"Stand your ground" probably doesn't mean what you think it does. You still have the burden of proving your use of force was justified as "reasonable and necessary". Shooting a landlord who might have entered without proper notice is neither reasonable nor necessary, meaning you go to prison for a very long time, assuming you survive the encounter with the police, who might also enter "without notice" when serving the felony arrest warrant on a dangerous gun owner.

Not clear who would "win" on the argument that the landlord's entry was a "trespass", let alone "criminal trespass", based upon the landlord's limited right to enter their own property for certain purposes. Some states specifically exempt landlords from "trespass" penalties, others simply require proof they intended to commit a criminal offense, rather than negligently entering your premises.

Feel free to set up a portable, motion-sensitive burglar alarm that automatically snaps a photo, phones it to you, and sets off a gigantic siren or other alarm. Then notify the LL that you insist they do not enter your premises without the required prior notice, if they don't want "a big surprise". They can then immediately evict you if you are violating any terms of the agreement under which you are renting.

I had a nosy LL in Maryland who responded only to certified mail demanding repayment of the entire rent for any month in which they violated the terms of the lease specifically requiring notice prior to their entering my home. "I didn't write the lease -- you did. I agreed to pay rent and you agreed to stay out unless invited or you give prior notice..."

You have 2 issues. One, need the owners permission to have a gun on their property. You might be right about it being legal to have one in your car (weird @@@ law) but I am certain you can not take it into a privately owned residence without consent.

The other issue is the No Trespassing sign. You can't put a sign like that on someone elses property. The owner has to do it. You can not enforce any trespassing laws whatsoever since it isn't your property. If you want that you have to get the owner to do it.

Again, let me clairify some information.

In Indiana, a landlord can only enter with notice, unless their is an emergency. Their was no notice. They wernt expected at this time frame. So I would have no reason to know who is breaking and entering into my apartment. Alls I know is somone is enering into my home that shouldn't be for what ever purose.

Indiana is a Stand your Ground state. This means by law I have a right to self-defense when I deem my property is under attack.

Somone coming into your home without warning, notice, or permission would be reason to "stand your ground".

It is also my understanding that a landlord is tresspassing when entering a tenants apartment without notice or legal reason.

Also, their is nothing in the lease that states I a unabe to have a gun.

My life and or property is threatened when somone enters without notice, warning, or permission.

And also to add to this, theirs been a law passed that allows you to even shoot a police officer in sistuations such as unlawful intrusion in Indiana.

So giving these facts, I would be in my legal right to use deadly force to stop a unlawful intrusion.

But were getinng off topic here. The question is do I have a right to post such notice on my door without fear of legal eviction. Also is their any laws in Indiana that can allow landlord to prevent tenants their right to have a firearm.

While many would say simply have one and dont say a word about it, I am tring to get down to brass tacts here.

I can also safly defend my case of a need to own a firearm as my door is in poor and damaed condition and I have already been robbed with strong reason to beleive the past maintence person of my landlord (without going into much detail).

The landlord entering without notice may be a violation of the lease but that does not give you he right to threaten their life.

Them entering ahead of schedule is not a violation & will get you nothing. The fact there is they did give you notice & had the right to enter no matter if you were home or not. Once proper notice is given the law does NOT require that you ever agree to it or be there. You get very limited privacy when you rent. You want to go sticking your gun in everyone's face at the slightest provocation then you need to go buy a house in the middle of a 100 acre farm.

Some states do not legally require the landlord or maintenance give you any notification to enter. If Indiana is one of those states then they are not even in violation of the lease.

Either way they are not doing anything that warrants the threat of violence.

" I am aware that recently they passed a law where an employer cannot prevent you from keeping a gun in your car on their property. So I would imagine theirs some protections for renters too. " No such law that I am aware of. Employee/ employer law has absolutely nothing what so ever to do with landlord/ tenant law. L/ T law is an entirely separate subsection of the law from any other.

EDIT: That does not mean what militants like you twist it to mean. You are freaking nuts & will obviously pollute, pervert & twist the law to mean what ever you want . You seem to be convinced anyone ever entering the unit you live in and DO NOT OWN are intending to hurt you and or steal from you. That is just plain nuts. You sound like a paranoid schizophrenic. If you actually believe the law would allow you to shoot the landlord when you live on THEIR property or a cop you belong in a padded cell. You clearly have no grasp what so ever on landlord tenant law, reality or any other laws for that matter. Any attempt to reason with you are clearly futile.

Again, they gave notice, they can come in. You being home isn't relevant. They don't need your permission or approval, they ONLY need to give notice. Point a gun at them, you go to jail. You completely misunderstand the law here.

Can't hang a sign without LL approval, they will obviously never approve your sign.

They can't stop you from having a gun. But the landlord & maint workers can enter the property for safety & inspections anytime they want. You might live there, but it's someone else's property.

I would also imagine a gun pointed at them or anyone else when entering my apartment unlawfully would also get the point acrossed very quickly. I have no idea who is entering my apartment or what their intent is.

LOL - you point a gun at anyone entering your apt, and I guarantee you, you will also get a visit from people (likely the police) - and they will also be pointing guns.

I would imagine pointing a gun at your landlord would get you evicted before you could even pull the trigger. You are exactly the type of person that makes me wish for tighter gun laws.

If you ever point a gun at ANYONE for any reason other than an immediate threat of death or serious harm, you will end up in jail. End of story.

The landlord has the ability to prohibit you from possessing a gun ONLY if it was agreed to in the lease. This has been tested several times and the LL's rights have been upheld.

What are my rights in Indiana regarding owning a gun in a apartment and or placing a sign on the door warning trespassers.

I already had stuff stolen. I also had problems with either the landlord, maintenance, and their inspectors coming in my apartment without notice. My friends and family don't even show up unannounced. Like today they tried coming into my apartment without me being here when they weren't sqeduled to come till later on when I was home. Little did they know I was home.

I am considering getting a sign warning trespassers they will be shot. This way they will have to think twice about entering without my approval. I hate that it has came down to this, but they seem to think they can do what ever they want with no respect to the tenants.

I would also imagine a gun pointed at them or anyone else when entering my apartment unlawfully would also get the point acrossed very quickly. I have no idea who is entering my apartment or what their intent is.