AG: Landlords can prohibit tenants from possessing firearms
AG: Landlords Can Prohibit Tenants From Posessing...
Attorney General states opinion on issue after Rep. Tony Shipley asks the question: Can landlords prohibit tenants from bringing guns into their apartments?
Can landlords prohibit tenants from bringing guns into their apartments? That’s the question a man from Kingsport approached Representative Tony Shipley (R-Kingsport) about after his landlord said no to firearms in his apartment.
Shipley posed the question to the state Attorney General who offered this opinion” “A landlord can prohibit tenants, including those with handgun permits, from possessing firearms within the leased premises. Such a prohibition can be imposed through a clause in the lease.“
An opinion that Shipley said leaves him even more confused. “If you argue that your landlord can deny you your second amendment rights, can they also deny you your first amendment rights to free speech inside the four corners of your apartment?,“ said Shipley.
Shipley is hosting virtual town hall meetings on his Facebook page where people can share their opinion on this issue. If you want to weigh in, search Tony Shipley on Facebook.com.
Advertisement
Reader Reactions
OK….so prove it and cite the law. The AG couldn’t seem to find it….can YOU ?
TnAndy is wrong in his interpretation of the law. The Tn Law will uphold the rights of the tenent.
I’d agree…..there probably are few landlords like this around here.
Probably, LL had some concern about liability of firearms…..while, of course, ignoring the liability the LL takes on by removing the ability of a tenant to defend themselves should it come to that.
It would seem fairly obvious to me that if you remove a person’s ability to defend themselves by contract or regulation, such as ANY place that prohibits weapons ( the Mall, federal buildings, some restaurants, etc ), that owner now takes on the responsibility to insure your safety should some ner-do-well that ignored the silly sign decide to come in and rob, or just shoot up the place to satisfy the “voices” in their head.
You never seem to hear of a mass shooting in a police station or national guard armory….no, invariably they happen in “gun free” zones…schools, shopping malls, post office, etc….which is why I get nervous being IN those kinda places, and avoid them if at all possible….for as it turns out, nut jobs can’t read signs.
I’d also be willing to bet there a more than one tenant in Mr. Shipley’s rental complex that have ignored the provision in his lease. I would assume Mr. Shipley would have done the same, but is choosing to make this an issue when it is a non-issue….he surrendered the right to have a firearm by PRIVATE CONTRACT when he moved into the place. He can choose to live with that, or move.
If ENOUGH tenants “vote with their wallets”, I’d guess the LL would consider dropping that section of the lease….just like if enough people refuse to get on airlines that refuse you your right of self defense, and yet, can clearly NOT protect you, they too would go out of business.
I really find it hard to believe that there are alot of landlords like that. I think this represents a very small majority of small minded people here!
The AG is correct…..“rights” only exist in the public area ( or should….govt often does their best to squash them ).
Any agreement between individuals ( private contract ) allows for one to give up any “right” in favor of gaining something from the other party by contract.
In this case, Mr Shipley has agreed to give up his 2nd amendment right in order to gain the “privilege” of living in some private property of his landlord.
Could the landlord ALSO “ban” is his amendment rights ?
Sure….it’s done all the time. Take the various condo associations that ban the flying of flags in the yard, or posting of signage for anything from political campaign to yard sales….all clearly 1st amendment issues that an individual gives up BY CONTRACT in order to live in a nest of like minded knuckleheads.
SO, the answer for Mr. Shipley is quite clear….MOVE…..and better yet, BUY a home, and then he should ( in theory anyway ) be able to enjoy ALL rights protected by the Constitution.
Oh…is this gonna’ be good…hehe..
Post a Comment(Requires free registration)
- Please avoid offensive, vulgar, or hateful language.
- Respect others.
- Use the "Flag Comment" link when necessary.
- See the Terms and Conditions for details.



Advertisement