By Luke McCoy via USA Carry
Homeowners have a large degree of protection when defending themselves and their property. After all, it is their property. Additionally, when people come over, many states stipulate that the homeowner has the legal right to allow or disallow an armed visitor to remain. For instance, in some states, if a homeowner puts up a sign that says, “no guns allowed” then a law-abiding citizen visiting that home would be legally compelled to comply.
Obviously, criminals would probably ignore that sign. But that is not the central point we’re aiming for in this article. In this article, we will discuss if your rights to carry concealed change when you are renting property versus owning it.
This is a multifaceted question because different state laws, rules, and regulations dictate different practices. In general, so long as the entity leasing the property to you does not specifically state that you are not allowed to carry firearms onto the premise you are leasing or renting, there is no provision against you doing so. Obviously, in states like New Jersey or Hawaii, owning a firearm is a complex and complicated process and being a concealed carrier in those states is even more of a hurdle. If you want to be absolutely sure what you are doing will be interpreted as just under law, you need to consult with an attorney versed in your own state’s law.
Here’s a checklist for you to quickly see whether or not what you are doing is going to work:
1. Read the conditions of your lease or rental agreement.
- If a rental company does not want you to possess or store firearms while living on that property, they are the owner of that real estate and may be free to stipulate those absurd conditions.
NOTE: Almost no rental company will go through the debacle of including this sort of text in their agreement with you because it could be potentially a source of litigation if you were ever assaulted in your home.
If there is no explicit requirement for you to not store, keep, or otherwise possess firearms while on the property, you are 99% of the way to being absolutely positive that your concealed carry rights are perfectly preserved.
2. (Very Optional) Check county and local ordinances concerning possessing and storing firearms on rented or leased property.
At this point, just being cognizant of any local or county ordinances (in a state that allows them to be stricter than state law) will save you a lot of trouble if you ever find yourself in a defensive gun use situation with your concealed carry handgun.
That’s pretty much it. Most states are extremely sensitive to the need for law abiding concealed carriers and gun owners to be able to maintain their firearms inside their dwelling or abode. This is because the defense of one’s self, property, and family is paramount to a functioning society. The only catches we’ve ever seen anyone run up against is when you have a highly restrictive local government that imposes things like mandatory gun locks – an exception far from the rule. Other than that, carry confidently and always do business with rental companies that play a straight hand.