Property owners are permitted to regulate or prohibit weapons owned or possessed by residents at their properties. This can occur in two ways, either in property leases or through community rules. If a resident were to violate the lease terms or community rules, the resident would be eligible for eviction. If a visitor were to violate the prohibition on weapons, the property owner could have the offender issued an order of trespass from a law enforcement officer – banishing the individual from the property.

Oftentimes, leases will contain terms not allowing residents to own or possess a firearm if prohibited by state law or prohibiting a resident from discharging a firearm in the apartment community. These types of regulations are permissible.   

The U.S. Department of Housing and Urban Development (HUD) does not provide guidance on the issue of weapons in public housing in their 2020 Public Housing Occupancy Guidebook. Public Housing Authorities (PHA’s) must follow state and local requirements governing weapons. In Indiana, local governments are prohibited from regulating firearms. Only the state legislature can pass laws restricting the ownership and possession of firearms. IC 35-47-11.1-2

Keywords: Weapons, guns, firearms