GUN Man evicted for shooting burglar

TL1000RSquid

ΜΟΛΩΝ ΛΑΒΕ
Jun 9, 2004
13,960
NY
http://www.mysanantonio.com/news/local_news/Man_kicked_out_of_apartment_after_shooting_at_crook.html
Man kicked out of apartment after shooting at crook
A man and his family are being kicked out of their apartment for trying to stop thieves from stealing their car. The problem is they tried to use Texas justice to stop the crooks.

For one man and his family living at the Landera apartment complex on Blanco, enough was enough. In the past eight months, several neighbors had their cars broken into or stolen.

His family's apartment window had been shattered, and his car had been broken into or vandalized three times.

"It's just tough to swallow something that you work so hard for to get taken away from you so easily," said the man, who didn't want to be identified.

Early Tuesday morning, the thieves came back. They shattered his car's back window but took off. The man called the police, filed a report, but still had a bad feeling.

"I just told my neighbor, maybe we should stay up, keep an eye on things tonight," he said.

Three hours later, the thieves were back.

"The driver's side guy got out, ran toward my vehicle," he said.

The man ran outside and shot his gun at them five or six times. He injured one of the suspects, but he is not facing charges.

"Texas law states you can protect your personal property, even if it's deadly force," the man said.

Even so, he and his family were given an eviction notice.

"We had three days to leave," he said.

His lease says residents can't possess a gun or discharge a gun in the complex. But he believes it's an unfair clause in this case.

"You're victimized and then on top of that, you're being kicked out on the street for protecting something that you have the right to protect," he said.

The man says he can't move somewhere in only three days, nor can he afford it. The apartment complex management declined to comment.
 

THT

The easy way is always mined
Mar 16, 2005
12,561
The booby hatch
http://www.mysanantonio.com/news/local_news/Man_kicked_out_of_apartment_after_shooting_at_crook.html
Man kicked out of apartment after shooting at crook
A man and his family are being kicked out of their apartment for trying to stop thieves from stealing their car. The problem is they tried to use Texas justice to stop the crooks.

For one man and his family living at the Landera apartment complex on Blanco, enough was enough. In the past eight months, several neighbors had their cars broken into or stolen.

His family's apartment window had been shattered, and his car had been broken into or vandalized three times.

"It's just tough to swallow something that you work so hard for to get taken away from you so easily," said the man, who didn't want to be identified.

Early Tuesday morning, the thieves came back. They shattered his car's back window but took off. The man called the police, filed a report, but still had a bad feeling.

"I just told my neighbor, maybe we should stay up, keep an eye on things tonight," he said.

Three hours later, the thieves were back.

"The driver's side guy got out, ran toward my vehicle," he said.

The man ran outside and shot his gun at them five or six times. He injured one of the suspects, but he is not facing charges.

"Texas law states you can protect your personal property, even if it's deadly force," the man said.

Even so, he and his family were given an eviction notice.

"We had three days to leave," he said.

His lease says residents can't possess a gun or discharge a gun in the complex. But he believes it's an unfair clause in this case.

"You're victimized and then on top of that, you're being kicked out on the street for protecting something that you have the right to protect," he said.

The man says he can't move somewhere in only three days, nor can he afford it. The apartment complex management declined to comment.
:ugh:

It sucks to live somewhere that tramples on your 2nd amendment rights but, legally speaking, he violated the contract with his landlord. Ideally, you wouldn't patronize a business that has such policies (vote with your dollars) but sometimes, you don't have a choice. I hope he has family or friends that can/would take him in until he can find a new place.
 

THT

The easy way is always mined
Mar 16, 2005
12,561
The booby hatch
Private property, brohammer.

And 5 or 6 shots and the perp got away? Screw the terms of the contract, I'd evict him for poor marksmanship.
Bingo. Just like I do not have a first amendment right at work because I work for a private employer.
 

Wave

Carlos Spicy Weiner
Mar 21, 2000
3,500
Seattle, WA
I could be worse... if he did that in just about any of the other 49 states (unless there is a lot more to the story), he would have been in jail long before 3 days were up.

That does suck that he has to move though.
 

Burmonster

OT Supporter
Jan 8, 2005
47,287
Atlanta, GA
Private property, brohammer.

And 5 or 6 shots and the perp got away? Screw the terms of the contract, I'd evict him for poor marksmanship.

Private property rights have a little bit different flow when it is a place of legal residence. The landlord just can't come into their apartment and starting looking around. The landlord can't request the policy to enter th apartment without the proper search warrants.

A good example of this is college housing. You still have personal property right even though the location is on private property that is not owned by you.
 

sprite

Active Member
May 20, 2003
2,915
MI, USA
Private property rights have a little bit different flow when it is a place of legal residence. The landlord just can't come into their apartment and starting looking around. The landlord can request the policy to enter th apartment with the proper search warrants.

A good example of this is college housing. You still have personal property right even though the location is on private property that is not owned by you.

And that applies to this case how?
 

Burmonster

OT Supporter
Jan 8, 2005
47,287
Atlanta, GA
Bingo. Just like I do not have a first amendment right at work because I work for a private employer.

Actually, you do to a point. If, for example, your state as employee anti-discrimination laws (which I am 99% sure they do), even a private employer can not fire you based upon expression of a religious belief (ie fired for the fact that you are Muslim).
 

Wave

Carlos Spicy Weiner
Mar 21, 2000
3,500
Seattle, WA
It was a legal residence on private property. Can the the owner of said private property preempt state and federal law (and a Constitutional amendment) by saying a tenant can not have a firearm in the apartment.

A couple things to keep in mind here. First, Lardlord/tenant law differs a lot state to state, so what is fine in one state, might be very illegal in another. Second, the shooting happened in the parking lot, which is not his rental unit and thus not covered by the Lardlord/tenant laws.

I'm not saying that it's OK to kick the guy out, but that is the basis to do it
 

Burmonster

OT Supporter
Jan 8, 2005
47,287
Atlanta, GA
A couple things to keep in mind here. First, Lardlord/tenant law differs a lot state to state, so what is fine in one state, might be very illegal in another. Second, the shooting happened in the parking lot, which is not his rental unit and thus not covered by the Lardlord/tenant laws.

I'm not saying that it's OK to kick the guy out, but that is the basis to do it

True. Its an interesting case.
 

TwistedMind

Active Member
Mar 20, 2004
10,583
I live in texas, 180 miles south of San Antonio, I had a landlord attempt to tell me I could not keep a firearm. As soon as I mentioned the second amendment they backed down hard core.

Im not a lawyer, but I seem to remember you can not enter into an illegal contract. Bypassing a persons second amendment rights would constitute a illegal contract would't it?

Unless of course they are evicting him because it was a illegal contract then they have no obligation to continue his lease.

It's an interesting situation I hope we hear more about it.
 

993kgt

building an airplane whee
Nov 7, 2001
20,615
Destin, FL
wait, i was the one a few weeks ago telling the jackass who said he would shoot someone stealing a motorcycle (not his) at his apartment

i told him to BUY land if he plans on protecting it....do not rent land

yeah yeah renters rights and all that shit, you're still on someone else's private property and look at these asshats getting evicted
 

TheHunter

Unprofessional Lurker
Aug 11, 2004
790
Dallas
Just because a contract states something does not make it binding. I'd be very suprised if a certain organization didn't take up the cause and fight the eviction.
 

Cannondale

The Texas Rattlesnake
Apr 17, 2007
87,999
Austin, TX
I don't think property owners should have the legal right to deny someone firearm ownership. I wouldn't ever rent in a place that has a no firearms policy, but sometimes you don't have much of an option where you can live for transportation or monetary reasons. Essentially what the landlord is doing is denying the residents the right to protect themselves, which I don't think should be legal. No pets that will potentially tear up the premises or a strict policy about illegal drugs are both understandable, but there is no reason why law-abiding firearm owners should have issues with apartment contracts.
 

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