Your 2nd Amendment Right Does Not Apply To Private Property

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RobsPics
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Your 2nd Amendment Right Does Not Apply To Private Property

Post by RobsPics »

http://politics.nashvillepost.com/2009/ ... ving-guns/
Attorney General Bob Cooper says landlords can ban their tenants from bringing firearms into their property even if they have handgun carry permits.
I'm surprised this is even an issue....it's already been established that that Amendments 1 through 10 only apply to GOVERNMENT action, not private action. Thus, when a PRIVATE PROPERTY LANDLORD, says no guns on the property, the tenant doesn;'t have a 2nd Amendment argument because the private property landlord is not the GOVERNMENT.

Now if the landlord is the GOVERNMENT, like in a public housing situation, that would be a different story.

In short, your Constitutional rights end where my private property begins.

109 U. S. 11
http://supreme.justia.com/us/109/3/case.html#11
"It is State action of a particular character that is prohibited. Individual invasion of individual rights is not the subject matter of the amendment."

Cornell Legal Information Institute
http://topics.law.cornell.edu/wex/state ... equirement
"The state action requirement stems from the fact that the constitutional amendments which protect individual rights (especially the Bill of Rights and the 14th Amendment) are mostly phrased as prohibitions against government action. For example, the First Amendment states that “[c]ongress shall make no law” infringing upon the freedoms of speech and religion. Because of this requirement, it is impossible for private parties (citizens or corporations) to violate these amendments, and all lawsuits alleging constitutional violations of this type must show how the government (state or federal) was responsible for the violation of their rights. This is referred to as the state action requirement.

Oh, and please don't try to make an analogy about private landlords banning certain types of people (Blacks, women, etc) from renting...this ain't 1965...this issue is already covered in the Fair Housing Act.
http://www.justice.gov/crt/housing/title8.php
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Re: Your 2nd Amendment Right Does Not Apply To Private Property

Post by travelinman67 »

Rob...

...serious question.

Were you dropped on your head while an infant?




Your allegory that since a landlord isn't an agent of the government, they are not required to comply with civil right protections, is maniacal.

Any citizen acting to interfere with or restrict another citizen's civil rights can be criminally and civilly prosecuted.

Seriously, think about your argument: But for civil right protection, your landlord could violate your 4th, 5th and 6th amendment rights AT WILL...(i.e., kick in your door, search your premises, restrict your freedom of movement...).

'skay...we all have our bad days, Rob.
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Re: Your 2nd Amendment Right Does Not Apply To Private Property

Post by RobsPics »

Amendments 1 through 10 are restrictions on what the Government can impose on a person, not restrictions on what private people may voluntarily contract and agree on.

Your argument about unreasonable searches between landlord/tenant is governed by STATE landlord/tenant laws...not Federal laws and not the Bill of Rights.

If you have a problem with the State Action Requirement as stated by the Cornell Legal Information Institute ( http://topics.law.cornell.edu/wex/state ... equirement ), where is your proof stating otherwise? Links would be nice. Thanks
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Re: Your 2nd Amendment Right Does Not Apply To Private Property

Post by RobsPics »

travelinman67 wrote:Rob...
Your allegory that since a landlord isn't an agent of the government, they are not required to comply with civil right protections, is maniacal.

Any citizen acting to interfere with or restrict another citizen's civil rights can be criminally and civilly prosecuted.
Your understanding of Constitutional rights is blatantly wrong.
"The guarantee of due process for all citizens requires the government to respect all rights, guarantees, and protections afforded by the U.S. Constitution and all applicable statutes before the government can deprive a person of life, liberty, or property."
http://topics.law.cornell.edu/wex/fifth_amendment

Notice that there is no mention of private action.
travelinman67 wrote: Seriously, think about your argument: But for civil right protection, your landlord could violate your 4th, 5th and 6th amendment rights AT WILL...(i.e., kick in your door, search your premises, restrict your freedom of movement...).
Your argument about Civil Rights violations are found in the Federal Civil Rights Statutes, for example the Fair Housing Act which prohibits landlords from discriminating against race religion, gender, etc. (http://www.justice.gov/crt/housing/title8.php). The power of the Federal Government to enact civil rights laws applying to individual/private action come from the Commerce Clause, not the BoR.

1.
There is no civil right law or statute that protect gun owners from eviction. If you think otherwise, please provide a link to the law stating your position.

2.
If you support new Federal laws to protect gun owners from eviction, then you necessarily must approve of Congress's power to enact such protection laws via the Commerce Clause. As a Conservative, are you ready to admit Congress's power to enact broad reaching laws using the Commerce Clause as a basis? (You might want to think about that one for a bit before answering).
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Re: Your 2nd Amendment Right Does Not Apply To Private Property

Post by RobsPics »

The only way the State may forbid the landlord from prohibiting guns on the landlord's own property would be if the State legislature drafted a law stating as such...and then approved by the Governor.

The 2nd Amendment would have nothing to do with the issue.
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Re: Your 2nd Amendment Right Does Not Apply To Private Property

Post by houndawg »

:lol: T-man is unusually quiet after his schoolin'. Must have drank Beano for Thanksgiving.

Hey T, you still planning a pilgrimage to the crossroads?
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Re: Your 2nd Amendment Right Does Not Apply To Private Property

Post by kalm »

Can the government restrict your 2nd amendment right on military base? A federal court house?
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Re: Your 2nd Amendment Right Does Not Apply To Private Property

Post by dbackjon »

Both are right, to a degree.

Under equal protection laws, a landlord generally can not discriminate based on sex, marital status, etc. There are age-restricted areas allowed (retirement communities).

Courts have ruled that your 1st Amendment rights are NOT absolute - i.e. if I go on private property, I can be restricted in my speech.
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Re: Your 2nd Amendment Right Does Not Apply To Private Property

Post by travelinman67 »

You are correct that states confer protection under, Amendments 1 through 10, however, if you look further, you'll find every ratified state has adopted civil codes ensuring those rights not covered under the 14th have also been conferred, including 2nd amendment.
Cooper's interpretation was based upon his perceived loophole in TN's civil code. It was HIS interpretation only, and is not being taken seriously by any 2nd amendment advocacy groups.

Seriously, did you think a TN AG would attempt to restrict his populace's 2nd amendment rights???

This was a way of provoking the test to correct what he perceives as a codification error.
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Re: Your 2nd Amendment Right Does Not Apply To Private Property

Post by AZGrizFan »

I liked Rob much better when he just posted pictures of hot girls. :ohno: :ohno: :ohno:
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Re: Your 2nd Amendment Right Does Not Apply To Private Property

Post by dbackjon »

AZGrizFan wrote:I liked Rob much better when he just posted pictures of hot girls. :ohno: :ohno: :ohno:

How very conk of you to want to stiffle discussion...
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Re: Your 2nd Amendment Right Does Not Apply To Private Property

Post by AZGrizFan »

dbackjon wrote:
AZGrizFan wrote:I liked Rob much better when he just posted pictures of hot girls. :ohno: :ohno: :ohno:

How very conk of you to want to stiffle discussion...
You sensitive fucks need to learn how to take a joke. :ohno: :ohno:
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Re: Your 2nd Amendment Right Does Not Apply To Private Property

Post by dbackjon »

AZGrizFan wrote:
dbackjon wrote:

How very conk of you to want to stiffle discussion...
You sensitive fucks need to learn how to take a joke. :ohno: :ohno:
You asshole fucks need to learn how to do the same :ohno: :ohno: :ohno: :ohno: :ohno:
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Re: Your 2nd Amendment Right Does Not Apply To Private Property

Post by AZGrizFan »

dbackjon wrote:
AZGrizFan wrote:
You sensitive fucks need to learn how to take a joke. :ohno: :ohno:
You asshole fucks need to learn how to do the same :ohno: :ohno: :ohno: :ohno: :ohno:
Asshole fucking donk piece of shit bastard fucks. :kisswink:
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Re: Your 2nd Amendment Right Does Not Apply To Private Property

Post by dbackjon »

AZGrizFan wrote:
dbackjon wrote:
You asshole fucks need to learn how to do the same :ohno: :ohno: :ohno: :ohno: :ohno:
Asshole fucking donk piece of shit bastard fucks. :kisswink:
cum-stained conk diaper-wearing bastard asshole :nod:
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Re: Your 2nd Amendment Right Does Not Apply To Private Property

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LOUD NOISES!!!!!!!!!
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Re: Your 2nd Amendment Right Does Not Apply To Private Property

Post by RobsPics »

I'm not saying that it is a universal truth that landlords may always ban guns from their rental property. It depends if a State has a statue forbidding such action...there are a handful of States that have such laws. Absent such State laws however, the terms of a lease contract controls

But to use the 2nd Amendment as a basis of why someone has a right to carry a gun onto private property is a perversion of the Constitution.
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