2aHawaii
General Topics => General Discussion => Topic started by: TastesLikeMetal on February 07, 2012, 10:22:38 PM
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Do you have to disclose firearms ownership?!?!? I'm looking for a new studio and this one is going to be in a Multi-floor complex. My current LL is cool but I'm wondering if there are any laws that I need to be aware of.
Thanks
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Do you have to disclose firearms ownership?!?!? I'm looking for a new studio and this one is going to be in a Multi-floor complex. My current LL is cool but I'm wondering if there are any laws that I need to be aware of.
Thanks
You don't have to disclose firearms ownership when you rent an apartment.
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I'd just keep it to myself, if I were you. Being as having firearms in your home is a Constitutional right, they really can't do anything to you about it, but there are ways of discriminating against a potential renter without discriminating against a potential renter if the landlord decides he doesn't like you. Although I'm sure Chris would love to hear from you if you got turned away based on firearms ownership... :rofl:
The problem is, if they don't want you having your guns in their apartment, you'll never be able to prove that's why they didn't call you back. If I was renting a place, I'd tell every single person who came to look at it that I was waiting on a call back from another guy, regardless of whether I actually was or not. That way I'd have a convenient out if I didn't like the cut of the guy/gal's jib.
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had an issue where I ordered a c&r gun. told the company not to send me any literature to my address and they agreed, but they must have put me on some kind of mailing list because I kept getting 'shooter this' and 'gun that' ads and flyers up the wazoo. Made for an some interesting conversations.
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had an issue where I ordered a c&r gun. told the company not to send me any literature to my address and they agreed, but they must have put me on some kind of mailing list because I kept getting 'shooter this' and 'gun that' ads and flyers up the wazoo. Made for an some interesting conversations.
Sounds like a good opportunity to spread the word to the unwashed heathens! :thumbsup:
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i have mine and i didnt/choose not to say anything to my LL. i dont see the point...everything is legal... :shaka:
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Thank you, I appreciate the feedback :shaka:
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i have mine and i didnt/choose not to say anything to my LL. i dont see the point...everything is legal... :shaka:
Oh, they have to be legal... j/k ;)
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I'd just keep it to myself, if I were you. Being as having firearms in your home is a Constitutional right, they really can't do anything to you about it, but there are ways of discriminating against a potential renter without discriminating against a potential renter if the landlord decides he doesn't like you. Although I'm sure Chris would love to hear from you if you got turned away based on firearms ownership... :rofl:
The problem is, if they don't want you having your guns in their apartment, you'll never be able to prove that's why they didn't call you back. If I was renting a place, I'd tell every single person who came to look at it that I was waiting on a call back from another guy, regardless of whether I actually was or not. That way I'd have a convenient out if I didn't like the cut of the guy/gal's jib.
This gets into pretty thick territory, and unfortunately there isn't much we (HDF) could do. Private persons have the authority and ability to discriminate because of your gun ownership. This is because firearm owner is not a protected class of persons. I believe there is an argument in the landlord tenant rules that says rules must promote the "safety and well-fare" of the resident. This is 'grey' area, and the prime spot where lawyers operate.
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This gets into pretty thick territory, and unfortunately there isn't much we (HDF) could do. Private persons have the authority and ability to discriminate because of your gun ownership. This is because firearm owner is not a protected class of persons. I believe there is an argument in the landlord tenant rules that says rules must promote the "safety and well-fare" of the resident. This is 'grey' area, and the prime spot where lawyers operate.
Well, there's that, then. I honestly don't know how to feel about it, anyway. If I'm renting my house, I'm a private party entering into a contract with another private party, so I tend to think you should be able to discriminate however you want. Want to rent your house to an elderly black lady? Be my guest. Refuse to rent to a gay couple? None of my business. But I figured if the guv'mint is all up in your stuff about discrimination with everything else, the Second Amendment should be good to go. But of course you can't count on Uncle Sam to either not make up new rights, or protect enumerated ones... Meh.
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Oh, they have to be legal... j/k ;)
;) :D ::) :shaka: :rofl: hahahaha! Plead the 5th!!!
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Well, there's that, then. I honestly don't know how to feel about it, anyway. If I'm renting my house, I'm a private party entering into a contract with another private party, so I tend to think you should be able to discriminate however you want. Want to rent your house to an elderly black lady? Be my guest. Refuse to rent to a gay couple? None of my business. But I figured if the guv'mint is all up in your stuff about discrimination with everything else, the Second Amendment should be good to go. But of course you can't count on Uncle Sam to either not make up new rights, or protect enumerated ones... Meh.
Black / Gay = your paying money for discrimination. But, you could discriminate against an Obama bumper sticker! Protected class sadly doesn't apply to firearms; hell no military are even allowed to have operable firearms in their homes...
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This gets into pretty thick territory, and unfortunately there isn't much we (HDF) could do. Private persons have the authority and ability to discriminate because of your gun ownership. This is because firearm owner is not a protected class of persons. I believe there is an argument in the landlord tenant rules that says rules must promote the "safety and well-fare" of the resident. This is 'grey' area, and the prime spot where lawyers operate.
Again I reiterate.
"don't disclose"
It's not illegal to own guns and it's none of their business.
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Again I reiterate.
"don't disclose"
It's not illegal to own guns and it's none of their business.
Yeah I never ask, and even if it did, I wouldn't say anything.
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I believe all of you are correct except for the guy who said you can discrimate againt back and gay people when it comes to housing. ;D
Both the State of Hawaii and the Federal gov have antidiscrimination laws that prohibit discrimination of protected classes. Ownership of firearms is not a protected class. As it currently stands, the second amendment applies to state and federal governments, not private citizens. Hence, I believe a private citizen may reject your application for residency based on your firearm ownership.
Query whether government housing or landlords receiving federal/state (such as Section 8 housing) funds can discriminate against a renter on the basis of firearm ownership? It may be argued that such discrimination may be considered a violation of you 2nd amendment rights as it could be construed as a governmental intrusion of your civil rights.
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I believe all of you are correct except for the guy who said you can discrimate againt back and gay people when it comes to housing. :D
Both the State of Hawaii and the Federal gov have antidiscrimination laws that prohibit discrimination of protected classes. Ownership of firearms is not a protected class. As it currently stands, the second amendment applies to state and federal governments, not private citizens. Hence, I believe a private citizen may reject your application for residency based on your firearm ownership.
Query whether government housing or landlords receiving federal/state funds can discriminate on the basis of firearm ownership? Such discrimination may be considered a violation of you 2nd amendment rights as it could be construed as a governmental intrusion of your civil rights.
That was only my opinion, and as written, the hypothetical landlord discriminated in favor of age, sex, and race. (Old, black, lady.) But yes, I pretty much think that it should be your business who you rent your property to.
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That was only my opinion, and as written, the hypothetical landlord discriminated in favor of age, sex, and race. (Old, black, lady.) But yes, I pretty much think that it should be your business who you rent your property to.
I share the same sentiments notwithstanding the law.
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I share the same sentiments notwithstanding the law.
:thumbsup: As always, I am not a lawyer, and my opinion of what the law SHOULD be is, unfortunately, not binding.
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Query whether government housing or landlords receiving federal/state (such as Section 8 housing) funds can discriminate against a renter on the basis of firearm ownership? It may be argued that such discrimination may be considered a violation of you 2nd amendment rights as it could be construed as a governmental intrusion of your civil rights.
State government housing no (like Kalihi Valley homes etc.). I'd point to cases, but I forgot names. See (Second Amendment Founation lawsuit in San Francisco). There are a variety of questions on Federal housing, but when we start wrapping in military bases and military property the line in the sand takes some detours that we are not sure where they go yet. The concensus would be within the military secure area we are unsure, outside of a military secure area (base) then probably not.
It's still quetstionable on "within the home." I would have sued back in 2010 for this issue, but there are problems where Forest City is a private company, contracted out by the government.
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So as it applies to me, just STFU and pay my rent on time... GOT IT, Thanks.
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So as it applies to me, just STFU and pay my rent on time... GOT IT, Thanks.
Yes :'( :'(
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I am a landlord and the only thing I want is a tenant that will: 1) pay the rent and utility bills on time and in full. 2) not bother or hurt anyone 3) take care of the place and let me know right away if anything needs 'fixin". Don't care about national origin, sexual orientation, age, religion, handicap etc. Actually owning a firearm might even be a plus. A gun safe is also a plus. But assuming a tenant isn't one of those dangerous and irresponsible "Youtube" gun idiots.
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I am a landlord and the only thing I want is a tenant that will: 1) pay the rent and utility bills on time and in full. 2) not bother or hurt anyone 3) take care of the place and let me know right away if anything needs 'fixin". Don't care about national origin, sexual orientation, age, religion, handicap etc. Actually owning a firearm might even be a plus. A gun safe is also a plus. But assuming a tenant isn't one of those dangerous and irresponsible "Youtube" gun idiots.
I too have a rental property.
What I don't want is drug addicts, domestic violence, slow payers and people that fu&? up my place.
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What I don't want is drug addicts
I was listening to the Michael Medved show the other day and he had a guest that formed a drug user's union in San Francisco. Michael prefaced the intro that this was for real and not a joke. The guy said that it was a "consumer's union" so they will not discriminated against (by landlords). :wtf:
The guy (a meth user, note NOT addict) was a total idiot. I.e., Michael asked him if the government's war on drugs hurt users? His response was that it hurt users because it din't help anyone (in so many words). Huh?
He stumbled around his points and answers. He probably was high during the interview.
:stopjack:
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I am a landlord and the only thing I want is a tenant that will: 1) pay the rent and utility bills on time and in full. 2) not bother or hurt anyone 3) take care of the place and let me know right away if anything needs 'fixin". Don't care about national origin, sexual orientation, age, religion, handicap etc. Actually owning a firearm might even be a plus. A gun safe is also a plus. But assuming a tenant isn't one of those dangerous and irresponsible "Youtube" gun idiots.
Got any studios available in the Kaimuki/Kapahulu area?!?!?
:-)
Thanks for the input.