General Categories > Laws and Legislation
Banning Firearms in Apartments?
Husker_Fan:
Landlords should not be able to ban guns from apartments unless that is expressly put in the lease itself, which is what is happening here. When you sign a lease, you are getting those property rights you negotiate for.
It isn't a civil rights vs property right issue. Civil rights are only enforceable against the government. You can contract your civil rights away and we do all the time.
AWick:
Regardless if you own or rent, it is still your dwelling, hearth, home, residence, abode, etc etc. Ask any landlord that tries to evict a renter who is still paying his rent on time...
If SCOTUS says the core of the 2A is in defense of hearth and home then property rights and 2A rights of the residents override the land owners rights. The landlord chose to rent his property out to the public as a private residence and it is the same as not allowing running water, electricity, natural gas, etc... except those things aren't considered an unalienable right.
OnTheFly:
--- Quote from: AWick on August 28, 2014, 08:10:34 PM ---Ask any landlord that tries to evict a renter who is still paying his rent on time...
--- End quote ---
I don't think that has anything to do with the property being the renter's home. It is a legally binding contract. The landlord cannot evict unless the renter has not fulfilled some part of the lease agreement (i.e., broken the contract). I'm not saying you are wrong. I am not an attorney, but I did stay in a Holiday Inn this week. A better example would be when a landlord tries to evict you for NOT paying the rent. You can squat on the property until the landlord goes through all the legal channels to kick you to the curb. So in that respect, maybe the courts consider it your "home".
Fly
Husker_Fan:
I need to revise my comment. While what I wrote is what the law is now, AWick's point really clarified my thinking. The default position is that the parties can agree to what they want unless the legislature says otherwise. In employment we cap hours, require a minimum wage, and have overtime. Renters are entitled to a habitable dwelling and not some slum lords hole.
I would support a law that invalidates restrictions on legal weapons in leases.
AWick:
Restricting ownership and possession of arms in defense of your "home" in apartments is a little more serious than restricting pets or displays of patriotism.
Navigation
[0] Message Index
[#] Next page
[*] Previous page
Go to full version