Tennessee Atty-Gen Rules Landlords Can Ban Guns of Permit Holders

[XDTalk RSS]

NASHVILLE -- A landlord can legally prohibit tenants who hold handgun carry permits from bringing their weapons into a rented apartment, according to an opinion from Attorney General Bob Cooper that was released today. The opinion came in response to a request from state Rep. Tony Shipley, R-Kingsport, who said he had thought the answer would have been to the contrary. Shipley said... [Associated Press, via gunpolicy.org ]

More...

[Carnivorous]

Poorly written articles from the AP... The AG writes an OPINION, he doesn't write a RULING. The opinion is persuasive authority for a court, it is not binding on the court.

That said, it's a "Duh" kind of issue. No difference between your landlord saying you can't have pets and the landlord saying you can't have guns. His property, his rules.

[SmokinXDs]

Not sure that Carnivorous is entirly accurate on this.
I dont know what the laws are in Tennessee, but even here in the gun ban happy state of California, you have a right to armed self defence in your accupied dwelling.
Be it your house, hotel, or ever your tent at camp.
They all quallify as a residence.
Doesent the bank hold the deed to your house (if not paid off)? Whats to stop them from taking the same stance as the landlord?

Also, there is no right to own domesticated animals,
last I checked we still had a right to own firearms.
See a difference?

[GFunk]

Originally Posted by SmokinXDs

Not sure that Carnivorous is entirly accurate on this.
I dont know what the laws are in Tennessee, but even here in the gun ban happy state of California, you have a right to armed self defence in your accupied dwelling.
Be it your house, hotel, or ever your tent at camp.
They all quallify as a residence.
Doesent the bank hold the deed to your house (if not paid off)? Whats to stop them from taking the same stance as the landlord?

Also, there is no right to own domesticated animals,
last I checked we still had a right to own firearms.
See a difference?

Same in Ohio from my understanding. From a gun standpoint - you have a right in your home. Appartment, hotel, campground, etc...

I'm sure there's some line drawn. For instance, I can't run to SmokinXD's yard and setup a tent and call it my home...but those are just details .

[gsh341]

Originally Posted by SmokinXDs

Not sure that Carnivorous is entirly accurate on this.
I dont know what the laws are in Tennessee, but even here in the gun ban happy state of California, you have a right to armed self defence in your accupied dwelling.
Be it your house, hotel, or ever your tent at camp.
They all quallify as a residence.
Doesent the bank hold the deed to your house (if not paid off)? Whats to stop them from taking the same stance as the landlord?

Also, there is no right to own domesticated animals,
last I checked we still had a right to own firearms.
See a difference?

Tht's the same view as in SD.

Citizens have the right to possess a firearm in their dwelling regardless of what that dwelling is. Of course, they also have a right to bear arms anywhere they are legally allowed to be.Unless the person is trespassing, they cannot be made to leave the premises for carrying a firearm.

[norinco982lover]

Originally Posted by gsh341

Tht's the same view as in SD.

Citizens have the right to possess a firearm in their dwelling regardless of what that dwelling is. Of course, they also have a right to bear arms anywhere they are legally allowed to be.Unless the person is trespassing, they cannot be made to leave the premises for carrying a firearm.

Same here. You can have your firearm...even if it is in a hotel. (as long as it is not posted per the law).

[jj79]

Originally Posted by SmokinXDs

I dont know what the laws are in Tennessee, but even here in the gun ban happy state of California, you have a right to armed self defence in your accupied dwelling.
Be it your house, hotel, or ever your tent at camp.
They all quallify as a residence.

Also, there is no right to own domesticated animals,
last I checked we still had a right to own firearms.
See a difference?

+100.

they're gonna have a really tough time getting this to work, seeing as how TN is a Castle Doctrine state....you don't even have to retreat, nor does the perp have to be armed. if they're forced entry in your dwelling = justified deadly force.

our state has been enacting some very positive gun legislation this year...hoping they knock this down before it even gets started.


-JJ

[aaron1984]

NOONE will tell me I can't have a gun in my home, that will be the day.

[Carnivorous]

Originally Posted by norinco982lover

Same here. You can have your firearm...even if it is in a hotel. (as long as it is not posted per the law).

That's the million dollar statement. "As long as it's not posted otherwise". If the possibility exists for the hotel to post a firearms ban, then the "right" to possess a firearm isn't absolute on private property.

Originally Posted by SmokinXDs

Not sure that Carnivorous is entirly accurate on this.
I dont know what the laws are in Tennessee, but even here in the gun ban happy state of California, you have a right to armed self defence in your accupied dwelling.
Be it your house, hotel, or ever your tent at camp.
They all quallify as a residence.
Doesent the bank hold the deed to your house (if not paid off)? Whats to stop them from taking the same stance as the landlord?

You have the right to to use deadly force in self defense everywhere. Possession of the tool you use may or may not be legal, but the self defense aspect of it is fairly well settled. But that's a separate issue, so let's not conflate the two.

The main tension here is between the rights of property owners versus the rights of visitors to that property. Visitors have very few rights that aren't trumped by the property owner's right to do whatever they want on their property. Now, places of public accommodation (including both apartments and hotels) are prevented from discriminating between visitors, but there's no similar law with respect to firearms.

Originally Posted by SmokinXDs

Also, there is no right to own domesticated animals,
last I checked we still had a right to own firearms.
See a difference?

"Rights" in this context exist only with respect to the government. The Second Amendment only says that the Federal Government can't infringe on your right to keep and bear arms. It does NOT say that your firearm ownership can't be restricted by private individuals. Note that many employers prevent their employees from carrying guns at work; this is the exact same principle. The Bill of Rights does not apply to your interactions with private citizens.

Add to that, if you don't like the restriction, go somewhere else. An apartment lease or a hotel contract is a private contract. In a private contract, you can agree to forego any or all of your rights. (Example: if you sign a waiver to play in a sports league, you are contracting away your right to not be assaulted.)

Originally Posted by gsh341

Tht's the same view as in SD.

Citizens have the right to possess a firearm in their dwelling regardless of what that dwelling is. Of course, they also have a right to bear arms anywhere they are legally allowed to be.Unless the person is trespassing, they cannot be made to leave the premises for carrying a firearm.

That's not entirely true. You can legally be in a courthouse, a school, or an establishment that derives over 50% of its profits from the sale of alcohol, but you certainly can't carry a firearm there, and you can be made to leave the premises for having one.

Your statement regarding "dwellings" is a little broad. For Fourth Amendment purposes, someone's rights vis a vis a dwelling apply even when they're staying in someone's guest room. Is it your position that if a friend comes to stay at your house, you DON'T have the ability to tell him that he can't bring his gun? Whether you would or not isn't the question; I'm just surprised that you're OK with having so little control over your own home.

[bel970]

a rental/lease agreement is a civil contract. constitutional law to a certain degree does not apply, if the contract specifies that you give up certian rights then you lose those rights when you sign the contract. it's no differant than a landlord refusing to rent to people that own dogs or just certain breeds of dogs, use illegal drugs ect.

here in NV you can carry in establishments that derive over 50% of their profits from the sale of alcohol, so long as your blood alcohol content is legal to drive you are legal to carry even in a bar.