Do they have legal grounds to sue and win?
https://www.fox13memphis.com/news/m...cle_77140b1a-034d-11ee-a384-6f57fc83339c.html
https://www.fox13memphis.com/news/m...cle_77140b1a-034d-11ee-a384-6f57fc83339c.html
Men defend selves amid gunfire from car thieves; now being evicted from Raleigh apartments
- Thread starter Aim1
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Tinman357
Member
Yes, they can sue.
Apparently apartment management supports the status quo...
https://www.neighborhoodscout.com/tn/memphis/crime
https://www.neighborhoodscout.com/tn/memphis/crime
Sue who? The apartment landlord? It depends. They may have signed a lease agreement that contained a prohibition on guns. Tough to say. What baffles me is why they would be that interested in continuing to live in that particular apartment complex.
Could be a lot of reasons, family that helps with kids live there, don't have a car so have to live near family, could be the most affordable places around.
I thought lease agreements banning you from owning firearms and possessing them inside it violated the 2nd Amendment?
Ks5shooter
Contributing Member
Too many variables to analyze.
Styx
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FYI: In some states like mine (VA), there are laws explicitly prohibiting landlords from telling tenants they can't lawfully own firearms. Via a quick Google search it appears that North Carolina isn't one of those states, so the tenant may or may not be in breach of their lease if that's the case.
Those who live in public housing have more rights it seems as the state and government is not allowed to prohibited tenants who live in public housing from legally owning firearms in all 50 states I believe.
Those who live in public housing have more rights it seems as the state and government is not allowed to prohibited tenants who live in public housing from legally owning firearms in all 50 states I believe.
bubbaturbo
Member
I don't think this is Raleigh, NC. This Raleigh is part of Memphis.
Styx
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The property contract issues aside, these folks apparently do not seem to realize that the use or the threat of deadly force to defend personal property against theft is unlawful. They went out to defend property, and they end up using deadly force. Their problems could be a lot more serious than eviction. I would not want to be in their shoes.
Jim Watson
Member
If I yell "Stop, thief!" and the thief shoots at me, I am not defending property when I shoot back.
Styx
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I don't know the ends and outs of TN law, but TN has Stand your Ground laws. They may have been within their rights to go armed to stop a person in the act of a felony aka from stealing their vehicle. I don't know the law or case law there.
Anyone can sue, but they won't win.
You could so argue, and you just might prevail, but we have seen enough cases that were decided otherwise to cause me to never even think about it.
Stand your ground does not enter into it and would not apply.
No, that would constitute using deadly force to defend property against theft. It is unlawful.
That might be okay in Texas within certain hours and under certain limited conditions, but it is rarely worth the expense, not to mention the risk.
Styx
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I stated: "They may have been within their rights to go armed to stop a person in the act of a felony aka from stealing their vehicle."
I didn't say run out the door shooting. I believe I read in the article that the the suspects were armed and fired first, and then the victim returned fire. That's self defense at that point. Outside of that, we don't know the law or case law in that state.
Nope. I live in TN. You can't use deadly force to defend property nor "play cop". Defend your life or that of another is it.
These guys are not going to win because they endangered others in the apartment complex with their gunplay.
As long as a weapon is not mentioned or displayed, things should be okay.
You did.
You may think so, but we have had cases discussed here in which persons armed themselves "for self defense, should it become necessary", and have gone out to confront thieves. They did not end well for the defenders. If I recall correctly, at least one verdict was appealed, with the defendant arguing that the trial judge had given incorrect instructions to the jury. The finding was "no, the defendant obviously armed himself for the purpose of defending property".
A person who mentions, shows, draws, or uses a deadly weapon had better make sure that all of his words and actions leading up to the incident were as pure as the driven snow.
Hardly a good analogy.
Targa
Member
If I were a betting man there is more to the story and probably a history here.
Jim Watson
Member
Yeah, I know, the government is not there to help me.
M. Ayoob once described a woman who looked out the window to see a punk starting to strip her car in the driveway.
She called the police and collected her pistol and ear protection but did not go outside. He saw her looking out the window and pulled a gun, maybe fired at her. Wrong move.
WestKentucky
Member
Tennessee is essentially constitutional carry now so there are no issues with having guns on the property, concealed or openly carried.
Tennessee does not allow protection of property by use of deadly force.
That part of Memphis is pretty rough. The crime report for that community is a long read. A lot of theft and robbery.
AND knowing folks in tough spots I can say that for some people it’s just hard to find a place to live. When alternative housing that can be afforded is not available you stay your butt where you are and try to be happy about it. Low income communities are really bad about this because the community grows to utilize all reaources available… the lady who can get the kids off the school bus, the neighbor you can pay $50 a week for a ride to work and back, the guy who can fix anything. You change one little piece of that and it’s no different than shipping somebody off to China. They don’t know how to survive outside of that situation. They want to live there because that’s just where they live.
Seems as though they were lawfully armed and headed to the 24 hour grocery store when they stumbled upon a thief who shot at them… unless they put something else in writing.
Tennessee does not allow protection of property by use of deadly force.
That part of Memphis is pretty rough. The crime report for that community is a long read. A lot of theft and robbery.
AND knowing folks in tough spots I can say that for some people it’s just hard to find a place to live. When alternative housing that can be afforded is not available you stay your butt where you are and try to be happy about it. Low income communities are really bad about this because the community grows to utilize all reaources available… the lady who can get the kids off the school bus, the neighbor you can pay $50 a week for a ride to work and back, the guy who can fix anything. You change one little piece of that and it’s no different than shipping somebody off to China. They don’t know how to survive outside of that situation. They want to live there because that’s just where they live.
Seems as though they were lawfully armed and headed to the 24 hour grocery store when they stumbled upon a thief who shot at them… unless they put something else in writing.
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