Landlords can ban guns of permit holders. I agree. No State Action, 2nd Amendment Does Not Apply.

October 30th, 2009

From Knoxnews, Landlords can ban guns of permit holders (H/T Instapundit):

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.

Says the opinion: “A landlord can prohibit tenants, including those who hold handgun carry permits, from possessing firearms within the leased premises.”

Rep. Tony Shipley, R-Kingsport, who is probably not a lawyer, expresses is woeful ignorance of the Constitution:

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.”

Mr. King, you think wrong. For whatever reason, most people do not realize that the Constitution imposes restrictions on state action by the government, not on private actions by individuals. Of course a landlord can force you to give up free speech to live in an apartment. I get annoyed whenever homeowners who live in developments are not allowed to fly flags. You have no first amendment right to fly a flag in a private community. If one more person on Facebook tells me, “you have the right to free speech but I disagree,” I may lose it.

I also get annoyed whenever the NRA tries to force businesses to allow gunowners to keep weapons in their cars on private parking lots. Private property is private property. If a business does not allow me to bring my gun onto their property, I have the choice to go elsewhere. If my employer does not allow me to bring a gun to work, and that is important to me, maybe I should work elsewhere.

OK. Rant over.