Banning Firearms in Apartments?

[Dan W]

I think this issue may be the one that would give the gun owner a protected class status if we can ever get a case to the Supremes.

[JTH]

I agree with this one 100%. If you pay money then it effectively becomes YOUR property (as far as your living space goes). And if the courts don't see it this way then its time to pass a law that bans discrimination of this sort.

Um.  If you rent, it does not become your property.  The courts don't currently see it this way.

In addition, if someone owns a place, and you want to rent it, they can set conditions on that rental.  If you sign the contract that contains those conditions, then (by contract) you are agreeing to those conditions.   If you decide later to do whatever you like, you have failed to meet the conditions of the contract.

Whether I agree with this doesn't change the fact that this is how the courts see it.

If a landlord decides no pets, no guns, and no children, and the contract you sign stipulates those things, after which you decide to have a 50bmg on your front lawn as your kids play with your dogs, then you are in breach of that contract, and subject to its penalties, which may include eviction depending on the circumstances. 

If you didn't like the stipulated requirements, you shouldn't have signed the contract. 

I realize that from a civil rights perspective this is different than the way discrimination is handled for any other civil right---probably because the people arguing for it can make a differentiation between a person having various qualities, and a person owning various objects.  Plus, one is based on the constitution, and one is based on federal laws---and apparently lots of people ignore the constitution when making laws. 

However---doesn't change the fact that currently, an owner of a particular place can legally place stipulations in the contract for rental of that place regarding what may or may not be allowed.

It is an interesting point, though---under what circumstances can any group or person make laws or rules that go against the requirements of the constitution?  One could argue (and I hate this argument, but it has a point) that the constitution is a written check on the federal government, and through it, on state governments---but it says nothing about how members of the public must treat each other.

We didn't have any of those checks on the public until the civil rights act of 64, correct?  And that act doesn't say anything about guns.

[DR4NRA]

It is an interesting point, though---under what circumstances can any group or person make laws or rules that go against the requirements of the constitution?

Do believe that property rights were established pre-constitution. Colonial maybe?

[JTH]

It is an interesting point, though---under what circumstances can any group or person make laws or rules that go against the requirements of the constitution?

Do believe that property rights were established pre-constitution. Colonial maybe?

Well, considering we can't force property owners to allow free assembly or all free speech...I'm thinking that guns as a civil right (and I do think the right of self defense is a civil right, which includes defense against persons and governments) will never be considered the same thing as the "civil rights" specifically required of private businesses by federal law.



Unless we can get a new federal law for it, like the rest of the "civil rights."

[Phantom]

I wonder just when is the Government going to start requiring landlords to put labels
actually on all of their Property's.

Listing all the ingredients and calorie counts contained inside. 

Kind of like Hotels and Motels do with all their rooms.


 

[GreyGeek]

I wonder just when is the Government going to start requiring landlords to put labels
actually on all of their Property's.

Listing all the ingredients and calorie counts contained inside. 

Kind of like Hotels and Motels do with all their rooms.

Most commercial ones do.  It's called a Rental Contract in which the duties and obligations of both parties are spelled out completely.  One can read just exactly what is offered, what is restricted and what is allowed, and then choose to sign or not.    I just re-newed my third yearly contract with CIP for a wonderful apartment in Pine Ridge Villas.   But, I can't keep my granson's hamster for several days nor can I allow pet visitation, so my other grandson's bull terrier won't be visiting me here either.  Oh, I can't wash my car  in the drive way or do mechanical repairs on it, leave it up on blocks, use sofas for patio furniture, etc...   When my fridge, stove, microwave, toilet, garbage disposal, or any other physical part of my apartment becomes defective I merely make a call and things get handled at no cost to me.  Love it!

As far as businesses ... buyer beware.   Low information voters are often low information shoppers.