Landlords can ban guns of permit holdersAssociated Press, found at Knoxnews.com
Posted October 28, 2009 at 5:31 p.m.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."
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.
Says the opinion: "A landlord can prohibit tenants, including those who hold handgun carry permits, from possessing firearms within the leased premises."
The ban may be imposed through a clause in the lease or - in counties where the state's Uniform Landlord and Tenant Act applies - by including the ban as a rule for governing the use of property by all tenants, the opinion says.
The opinion also says that the landlord need not post signs declaring that firearms are prohibited for the ban to have legal effect in civil courts, but that the tenant could not be prosecuted under criminal laws unless signs are in place.
http://www.knoxnews.com/news/2009/oct/28/tennessee-ag-says-landlords-can-ban-tenants-guns/
