Saturday, October 31, 2009

Tennessee AG says landlords can ban guns in rented apartments

From the Volunteer State:
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 the question was raised by an adult University of Tennessee student who had been prohibited from having a firearm in his rented Knoxville apartment.

"It strikes me that there shouldn't be a prohibition," he said in a telephone interview.

Shipley said the Fourth Amendment to the U.S. Constitution would apply to someone living in an apartment to prevent law enforcement officers from entering without a search warrant.

"If the Fourth Amendment applies, why doesn't the Second Amendment apply?" he said. "Can a landlord say you give up free speech, under the First Amendment, in the apartment? I think not." [emphasis added]

Shipley said he had not read the opinion and wanted to study it further. He also said he would consider bringing legislation on the subject next year, though now focused on other legislative priorities. ...

Article here. As Rep. Shipley intimates, if a landlord can ban a fundamental, constitutionally-protected human right to keep and bear arms, what other rights can he ban?

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