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Landlord rights ??

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  • 02-04-2014 3:03pm
    #1
    gerry99
    Closed Accounts Posts: 113 ✭✭


    Hi , I am advocating on behalf of someone who is currently renting a flat. This person has a BB gun , a realistic looking one it must be said , and the landlord has seen it and wants him to get rid of it . Does the landlord have any legal standing in wanting him to get rid of it ?? any help or direction to anywhere where i might find help or legal standing on this would be appreciated .

    Thanking you .


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    #2
    Graces7
    Registered Users Posts: 32,634 ✭✭✭✭Graces7


    gerry99 wrote: »
    Hi , I am advocating on behalf of someone who is currently renting a flat. This person has a BB gun , a realistic looking one it must be said , and the landlord has seen it and wants him to get rid of it . Does the landlord have any legal standing in wanting him to get rid of it ?? any help or direction to anywhere where i might find help or legal standing on this would be appreciated .

    Thanking you .

    what please is a bb gun...


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    #3
    gmisk
    Registered Users Posts: 32,801 ✭✭✭✭gmisk


    I think its similar to a pellet gun?

    I would doubt it, I am pretty sure they are entirely legal


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    #4
    ABajaninCork
    Closed Accounts Posts: 8,411 ✭✭✭ABajaninCork


    AFAIK, it shoot ball bearings. Hence the name.


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    #5
    gerry99
    Closed Accounts Posts: 113 ✭✭gerry99


    oh yeah sorry I should of explained , its one of those very realistic looking pellet guns . Landlord has seen it and has told him to get rid of he will be gone , he has had complaints of anti social behaviour from his flat and could use this as an excuse to chuck him out , thats my thinking anyway .


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    #6
    Stheno
    Moderators, Business & Finance Moderators, Science, Health & Environment Moderators, Society & Culture Moderators Posts: 51,688 Mod ✭✭✭✭Stheno


    gerry99 wrote: »
    Hi , I am advocating on behalf of someone who is currently renting a flat. This person has a BB gun , a realistic looking one it must be said , and the landlord has seen it and wants him to get rid of it . Does the landlord have any legal standing in wanting him to get rid of it ?? any help or direction to anywhere where i might find help or legal standing on this would be appreciated .

    Thanking you .

    Does he have a firearms licence for it?

    Some BB guns require a licence and are illegal without one.

    So the landlord could report him to the cops


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    #7
    truedoom
    Registered Users Posts: 400 ✭✭truedoom


    as long as it fires under 1 joule, it's legal.

    But there is no way to know how much it fires.

    Maybe talk with a garda and see what the have to say about it.


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    #8
    Yawns
    Banned (with Prison Access) Posts: 4,255 ✭✭✭Yawns


    He most likely has an Airsoft gun and as long as it's under Joule it is legal. The owner of any airsoft gun shouldn't be acting the prat with it as it would tend to give the sport a bad name very easily. LL cannot tell him to get rid of it anymore than he can say "I don't like Nissan Micras, get rid of it or I'll evict you".

    However if he's had anti-social complaints I'm sure there would be legal ways of dealing with these issues. Of course the LL would need proof and not just be able to kick the tenant out straight away.


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    #9
    Stheno
    Moderators, Business & Finance Moderators, Science, Health & Environment Moderators, Society & Culture Moderators Posts: 51,688 Mod ✭✭✭✭Stheno


    truedoom wrote: »
    as long as it fires under 1 joule, it's legal.

    But there is no way to know how much it fires.

    Maybe talk with a garda and see what the have to say about it.

    Didn't know that, thought all of them had to be licenced :)


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    #10
    Pat Mustard
    Registered Users Posts: 9,554 ✭✭✭Pat Mustard


    Airsoft guns with a muzzle energy of less than one joule are not classed as firearms and do not require a firearms licence.

    If this is what the tenant has, then maybe the landlord might want to cop on a small bit.

    Does the lease prohibit airsoft guns? I'd be very surprised.


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    #11
    Yawns
    Banned (with Prison Access) Posts: 4,255 ✭✭✭Yawns


    Stheno wrote: »
    Didn't know that, thought all of them had to be licenced :)


    Nope, once it's under 1 Joule it's legal afaik. You can't the prat with them in public and should not even carry them in public unless hidden in a bag or ideally the boot of a car so as not to draw attention.

    They are fine in most peoples hands, as most of them are into the sport and take it seriously. Like anything tho, a minority can easily ruin the image for the majority.

    A LL has no right to tell a tenant to get rid of one or they'll evict them tho,


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    #12
    gerry99
    Closed Accounts Posts: 113 ✭✭gerry99


    its not an airsoft gun , as far as i know its a replica of a 9MM handgun ( a very authentic looking replica )but it fires BB's or plastic pellets.


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    #13
    beauf
    Closed Accounts Posts: 22,648 ✭✭✭✭beauf


    LL should concentrate on this....
    gerry99 wrote: »
    ...he has had complaints of anti social behaviour from his flat...


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    #14
    Yawns
    Banned (with Prison Access) Posts: 4,255 ✭✭✭Yawns


    gerry99 wrote: »
    its not an airsoft gun , as far as i know its a replica of a 9MM handgun ( a very authentic looking replica )but it fires BB's or plastic pellets.

    Do you think an Airsoft gun fires air?


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    #15
    Santa Cruz
    Banned (with Prison Access) Posts: 3,126 ✭✭✭Santa Cruz


    Is he in breach of his lease by having it? If not that is that and the landlord cannot make this a reason for eviction


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    #16
    gerry99
    Closed Accounts Posts: 113 ✭✭gerry99


    very productive reply thanks


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    #17
    gerry99
    Closed Accounts Posts: 113 ✭✭gerry99


    Not sure if he is in breach of his lease agreement i will have to have a look . Im pretty sure landlord is gonna use the anti social stuff coupled with this matter as a way to get rid of him . Thanks for your replies and information people


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    #18
    Pat Mustard
    Registered Users Posts: 9,554 ✭✭✭Pat Mustard


    gerry99 wrote: »
    its not an airsoft gun , as far as i know its a replica of a 9MM handgun ( a very authentic looking replica )but it fires BB's or plastic pellets.

    Airsoft guns fire plastic pellets. Many of them are replicas of actual firearms.


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    #19
    drumswan
    Closed Accounts Posts: 2,592 ✭✭✭drumswan


    gerry99 wrote: »
    its not an airsoft gun , as far as i know its a replica of a 9MM handgun ( a very authentic looking replica )but it fires BB's or plastic pellets.
    Thats what an airsoft gun is. Totally legal and none of the landlords business unless it has been involved in some other antisocial behavior.


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    #20
    Lemming
    Registered Users Posts: 14,148 ✭✭✭✭Lemming


    gerry99 wrote: »
    Hi , I am advocating on behalf of someone who is currently renting a flat. This person has a BB gun , a realistic looking one it must be said , and the landlord has seen it and wants him to get rid of it . Does the landlord have any legal standing in wanting him to get rid of it ?? any help or direction to anywhere where i might find help or legal standing on this would be appreciated .

    Thanking you .

    If the "BB gun" is in fact an airsoft gun - which as already pointed out does not require a firearms licence - the landlord can rightly jog on and do one whilst he is at it for good measure. In short, the landlord has absolutely zero legal standing on the matter. That said, if the tenant is acting like a muppet with it, brandishing it in public they can and will be prosecuted by the Gardai no different to having brandished a real firearm.

    If you want further clarification on the legalities of airsoft; I would suggest contacting the Irish Airsoft Association


    Edit: I would advise the landlor" to think long and very hard on whether or not they try to use the posession of what is classified as a toy under Irish law as a means to get rid of the tenant; because it's opening up a whole other nasty can of worms to accuse the tenant of brandishing an airsoft gun in public. For what should seem to be very obvious reasons.

    Edit 2: Given we know little of the anti-social complaints; if the tenant has indeed been acting like a muppet with said airsoft gun in view of the public he deserves everything coming his way. But the landlord still cannot make him get rid of it just because "shurree I dont loike de luk o'dat dere" ; all he actually can do is potentially end up seeing the tenant jailed on a firearms offense if that was the legal case and the circumstances proved severe enough to warrant a custodial sentence.


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