Let's say there is a multi-story commercial office building and the building owner leases office suites to businesses. The building owner want's 30.06 and 30.07 signs and posts them at the building's main lobby entrance. The business owners (who lease suites) do not want the 30.06 and 30.07 restrictions. The written leases are silent in regards to 30.06 and 30.07 restrictions.
Who has the ultimate right whether the 30.06 and 30.07 signs can be posted or not?
Premises Owner vs. Business Owner
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Re: Premises Owner vs. Business Owner
I would assume the building owner would have final call. This is just a guess on my part. However, it wouldn't make business sense to do so unless their current business tenants were requesting it and they had long leases. I wouldn't expect to see this situation very often.
Re: Premises Owner vs. Business Owner
I would guess the same. Premise owner would be able to make the call for their property. Now I don't see why you couldn't negotiate that in your lease if you were going to lease there. The harder they find it to get someone to lease the more power it would give you in any negotiations. However I imagine most businesses don't care one way or the other.
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Re: Premises Owner vs. Business Owner
I'm only going on my prior experience but I've had about 20 different leases over time for multiple companies. The owner/landlord/property manager can certainly create rules for the common grounds, but when I hired an attorney to review my leases I asked that question and he said that having a handgun is a permissible thing for a tenant that cannot be restricted by a lease. They can prohibit sleeping in the office overnight, because that's not what an office is used for. And they can prevent you from doing reloading of ammo there, unless that is your business and you are zoned for it (and that's assuming you would have gotten the lease to begin with). But as a gun is for the self defense of employees, he said that they cannot ban legal possession of handguns, and any such sign has no force of law. I am not an attorney, which is why I pay them for that advice. But that's what I've been told each time.
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My State Rep Hubert won't tell me his position on HB560. How about yours?
My State Rep Hubert won't tell me his position on HB560. How about yours?
Re: Premises Owner vs. Business Owner
It sounds like what the attorney is saying is that a building owner cannot restrict handguns within a lease agreement. However, couldn't the building owner post 30.06/30.07 signs at the entrance? If so, does that mean it only applies to the public and not the tenants?
I don't have the answer, I'm just trying to apply reason. By the way, I am involved in commercial real estate.
I don't have the answer, I'm just trying to apply reason. By the way, I am involved in commercial real estate.
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Re: Premises Owner vs. Business Owner
I'll wait for Charles or others to weigh in on this, but here is my take.
Under general laws (not CHL/LTC laws), you can have a gun (concealed or unconcealed) on property you own or which is under your control. I see a leased office as property under my control.
You can also transport a gun from one place where it is legal to have it (your car) to another place where it is legal to have it (your office) with or without a license.
So even if there were posted signs at the building entrance, they would only prohibit my carrying pursuant to CHL/LTC laws, not pursuant to my general rights under the law.
Could be wrong, waiting for others to chime in.
Under general laws (not CHL/LTC laws), you can have a gun (concealed or unconcealed) on property you own or which is under your control. I see a leased office as property under my control.
You can also transport a gun from one place where it is legal to have it (your car) to another place where it is legal to have it (your office) with or without a license.
So even if there were posted signs at the building entrance, they would only prohibit my carrying pursuant to CHL/LTC laws, not pursuant to my general rights under the law.
Could be wrong, waiting for others to chime in.
God and the soldier we adore,
In times of danger, not before.
The danger gone, the trouble righted,
God's forgotten, the soldier slighted.
In times of danger, not before.
The danger gone, the trouble righted,
God's forgotten, the soldier slighted.