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Can Assisted Living Residents Own a Firearm?

Date Updated: July 26, 2024

Written by:

Rachel Lustbader

Rachel Lustbader is a writer and editor with a background in healthcare and technology. Her work has been published on websites including HealthCare.com, BiteSizeBio.com, BetterHelp.com, Caring.com, and PayingforSeniorCare.com. She studied health science and public health at Boston University.

Both of Rachel’s grandmothers had very positive experiences in senior living communities, and Rachel saw firsthand the impact that kind, committed caregivers and community managers can have on seniors’ and their family members’ lives. With her work at Caring, Rachel hopes to help other families find communities, caregivers, and at-home products that benefit elderly loved ones and make life less stressful for family caregivers

Yes, assisted living residents can own a firearm. Rights provided under the Second Amendment of the U.S. Constitution aren’t affected by a change in living arrangements, subject to compliance with federal and state gun laws. However, assisted living facilities can legally prohibit firearms on their premises; many communities have no-weapon policies. When facilities allow residents to keep guns on-site, strict storage and control policies apply.

In states that allow firearm possession in assisted living, communities that allow residents to do so must follow stringent rules. For example, Pennsylvania’s facilities must store firearms in locked cabinets away from residents’ rooms and communal living areas. Staff must keep ammunition in separate locked cabinets, and only an administrator or designated person can hold cabinet keys. Residents can’t take weapons into communal spaces. California’s rules are similar.

Some states, such as New York and Alaska, outright ban firearms in assisted living residences. Laws keep fluctuating in New Jersey, which wants to prohibit weapons in long-term care communities. Seniors should check local laws to find out whether they can legally have firearms in assisted living.

Policy considerations

Even when state law permits firearms in assisted living, facility policies may still prohibit residents from having firearms. Such facilities must have prominent signs notifying residents and visitors that they’re weapon-free environments. For example, Texas’ assisted living facilities must clearly display a providers’ bill of rights.

While this doesn’t mean residents can’t lawfully own firearms, they may not keep or carry them in many assisted living communities. In such cases, individuals should check state regulations concerning keeping weapons at another person’s home — often, it’s allowed as long as the other person is permitted to possess firearms.

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Caring.com

Caring.com is a leading online destination for caregivers seeking information and support as they care for aging parents, spouses, and other loved ones. We offer thousands of original articles, helpful tools, advice from more than 50 leading experts, a community of caregivers, and a comprehensive directory of caregiving services.

 

The material on this site is for informational purposes only and is not a substitute for legal, financial, professional, or medical advice or diagnosis or treatment. By using our website, you agree to the Terms of Use and Privacy Policy

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