Landlords Can Ban Tenants From Having Guns

50 Responses to “Landlords Can Ban Tenants From Having Guns”

1. TNVolunteer73 writes
   October 28th, 2009 4:21 pm

   I love it I can see the Apartment building putting “No firearms” sign..

   This Translated into “Rob these Apartments” by criminals.

   That is better than the mark con-men put people fences to tell other conmen the occupants are “easy marks”

2. Tori writes
   October 28th, 2009 4:29 pm

   This makes those landlords totally responsible for their tenant’s safety and that of their property….can’t wait to see the first one get sued when they can’t shoot an invader in self-defense

3. Johnny writes
   October 28th, 2009 5:58 pm

   Tori, I absolutely agree. And, if I’m on the jury, I’ll vote in favor of awarding the tenant millions. I do not understand why these knuckleheads think “no gun” signs are gonna protect anybody. TNVolunteer73 is also correct. The only ones safe in “gun free” zones are criminals. It provides them with a safe work environment.

4. eric writes
   October 28th, 2009 9:34 pm

   can they also prohibit illegal aliens?

5. Interested Citizen writes
   October 28th, 2009 10:16 pm

   Sorry, but this was a stupid decision.

6. daKine7 writes
   October 29th, 2009 7:48 am

   If the landlord can say, “No Pets”, they sure as hell can say, “No Guns”. But, any permit holder can still sneek the thing in. If he/she shoots some intruder/ robber, getting evicted is the least of their worries.

7. xhexx writes
   October 29th, 2009 8:03 am

   Actually DaKine, the castle doctrine would protect the resident from being charged for shooting someone illegally on his premises. It would also protect them from civil lawsuit by the illegal intruder or their family. In addition, even if the property is posted, if you have to use your weapon to defend yourself, you won’t be charged with having the gun as the self defense is an affirmative defense.

   So yeah, actually being evicted would be your largest legal problem.

   One thing that has to be remembered here is that the AG’s opinion is his interpretation of the law, it carries no legal weight as force of law. That’s still up to the judges.

8. trombeau writes
   October 29th, 2009 9:17 am

   this goes to show that our government ( and that term is used lightly) leaders have way to much time on their hands maybe they need to start volunteering at the mission

9. Hokey Pokey writes
   October 29th, 2009 10:00 am

   You people are worse than nicotine addicts (well, maybe you are addicts yourselves). Any threat to limit your wild-west possession of your guns is met with solid resistance and loud argument.

   Really, when you think about it, the landlords of Tn. have precious few options over the calibre of folks to whom they can rent - as evidenced by most of the respondents to this article. Now, at least, they can claim some mastery over their own domains.

10. Ken Kickingstallionsims writes
    October 29th, 2009 10:51 am

    At Dave and Buster’s, they encourage their employees to learn how to shoot guns.

11. TNVolunteer73 writes
    October 29th, 2009 11:00 am

    Hokey Pokey.

    Wild West gun possession???

    the safest owners of firearms are CCL holders, heck they are safer than police officers, they are safer than carpenters with Nail guns.

    Hokey Pokey, you need to cut back on your Rachel Maddow addiction. It’s wigging you out.

    Since “Guns in Bars” has passed.

    CCL holders in wild west Shootouts 0

    People killed by Drunk drivers 877

12. pandabear writes
    October 29th, 2009 12:56 pm

    I guess it would make sense to ban drinking in
    apartments then ’cause they might decide to drive
    and they would have their guns in their cars and…

    …oh, man, this idiot Cooper has got to go !

13. Brian Swartz writes
    October 29th, 2009 3:26 pm

    I think Rachel Maddow might be a clambumping carpet muncher, not that there is anything wrong with that.

14. Charles Miller writes
    October 30th, 2009 2:40 pm

    Has anyone looked at the Tennessee state constitution? A complete ban on any and all firearms may (or may not) be a violation of a tenets’ constitutional rights (state constitution). The state AG should point out that a complete ban on all firearms in the terms of the lease is denying a tenet any means of self defense which could make the owner liable for any harm that comes to any tenet.

15. Snuffy writes
    October 30th, 2009 3:26 pm

    I notice none of the wingnuts have bothered to acknowledge “xhexx”’s post. Assuming X is right, then the law actually protects the tenant from liability if they shoot someone who is breaking in to their apartment/condo/rental home.

    So really - the law that Mr. Cooper is talking about is a PRO-GUN law, provided that you never tell your landlord you have a weapon or leave it in plain sight for the landlord to see if they come to your apartment.

    But hey, don’t let the FACTS get in the way of a end-of-the-week bitchfest by the wingnuts.

16. Oldshooter writes
    October 30th, 2009 3:41 pm

    As long as the landlords are busily infringing their tenant’s constitutionally protedcted rights, why not ban african-americans from renting, and no conservative magazines or newspapers either (oh wait, there aren’t any of those!). OK, then no Fox News Channel at least!

17. Robert C. Monico writes
    October 30th, 2009 4:28 pm

    What if the landlord posted these signs:

    No freedom of religion
    No freedom of speech
    No right to privacy
    No Liberals

    Get my point?

18. Voice of Reason writes
    October 30th, 2009 5:35 pm

    I would like to see a landlord post a sign “Registered Democrats may not possess firearms, pepper spray, stun guns, baseball bats, knives with a blade over three inches or any other item that could be used as a weapon on this property” and see how it would play out in court. After all it is the landlords property and “the landlords of Tn. have precious few options over the calibre (you misspelled caliber) of folks to whom they can rent”.

    This opens up many possibilities.

    Cooper (like most liberals) is an idiot. Does he actually believe that criminals will abide by a sign or a paragraph in the lease? Is the landlord going to search everything a tenant has? If one tenant shoots another tenant can the victim sue the landlord for not enforcing the ban?

    I love it when idiots don’t know they are idiots and try to appear intelligent.

19. SammColt45 writes
    October 30th, 2009 6:18 pm

    I am a landlord in Virginia and I specifically state on my business cards, “Gun Owners Welcome!” If I could do it, I would ban any NON gun owners from renting any of my properties! Renting to gun owners is like having armed guards on my property at no cost to me. I like that!

20. Aardvark writes
    October 30th, 2009 6:38 pm

    This interpretation sounds like something out of New York State. Hard to believe it was Tennessee.

    So, based on this interpretation, can a landlord prohibit you from exercising your first and fourth amendment rights? Does a landlords rights usurp his residents tenth amendment rights by basically reserving all non-defined rights to himself/herself?

21. Ken writes
    October 30th, 2009 6:49 pm

    Crap, Tennessee politicos are getting as bad as the ones we have in Kalifornia. Get them out of office or you’ll end up haveing 2nd Amendment Right problems just as we have in the Golden State.

22. Thomas writes
    October 30th, 2009 6:54 pm

    If Mr.Cooper’s opnion carries no weight torwards a ligitimate law I don’t understand why Anybody is paying attention to his “so called” opinion. Whats more important is Mr. Cooper’s thoughts,being as stupid as they sound,reflects the thoughts of some of our ,so called, leaders that we have running this country.I think the city of Washington. D.C just got through going through something stupid ,of this nature, and lost in court.Mr.Cooper needs to listen to the remarks of Abraham Lincoln when he said Being stupid is not a sin until you open your mouth and prove it.(paraphrased)

23. Ali writes
    October 30th, 2009 7:30 pm

    If anyone gets injured because of this decision the AG and the landlord who enforced this non law should be sued until they are homeless. Hopefully no one dies.

24. T.Jefferson writes
    October 30th, 2009 7:34 pm

    S T A T E O F T E N N E S S E E
    OFFICE OF THE
    ATTORNEY GENERAL
    PO BOX 20207
    NASHVILLE, TENNESSEE 37202
    October 26, 2009
    Opinion No. 09-170
    Firearms, Vehicle Towing, Guests, and Security Deposits on Leased Property
    QUESTIONS
    1. Can a landlord prohibit tenants who possess valid handgun carry permits from
    possessing firearms in the apartment if the tenant has a permit issued by the State?
    2. If there is a clause in an apartment lease that prohibits the possession of firearms
    within the leased space, is a landlord also required to post signs that satisfy the requirement of
    Tenn. Code Ann. § 39-17-1359 to effectively prohibit such possession on property owned by the
    landlord?
    3. If the landlord chooses to post signs prohibiting firearms on the property pursuant to
    Tenn. Code Ann. § 39-17-1359, is the landlord required to post a sign at each individual
    apartment or common area?
    4. Does Tenn. Code Ann. § 66-28-518(b) require landlords to use specific language in
    restricted parking signs to be able to immediately tow unauthorized vehicles?
    5. May a landlord avoid both the notice and signage requirement set forth in Tenn. Code
    Ann. § 66-28-518 by using a clause in a lease that authorizes the landlord to immediately tow an
    unauthorized vehicle that is parked on the property?
    6. Does a landlord have the authority to prohibit a person from entering the property to
    visit a tenant within the confines of the leased space?
    7. Does the failure of a landlord to list the estimated dollar cost of any repairs necessary
    prior to the signature of both parties on the damage listing preclude the landlord from collecting
    repair costs from the tenant pursuant to Tenn. Code Ann. § 66-28-301?
    OPINIONS
    1. A landlord can prohibit tenants, including those who hold handgun carry permits,
    from possessing firearms within the leased premises. Such a prohibition may be imposed
    through a clause in the lease, or, in counties where the Uniform Residential Landlord and Tenant
    Act, Tenn. Code Ann. §§ 66-28-101 to 66-28-501, is in effect, such a prohibition may be
    imposed by adopting a rule that satisfies the requirements of Tenn. Code Ann. § 68-28-402.
    Page 2
    2. A landlord who prohibits firearms through a lease or property rule would not be
    required to post signs that satisfy the requirements set forth in Tenn. Code Ann. § 39-17-1359.
    However, if the landlord does not post such signs, persons who violate the prohibition would not
    be subject to criminal prosecution for violating Tenn. Code Ann. § 39-17-1359.
    3. Property owners who elect to posts signs that give notice that the possession of
    firearms is prohibited on their property must post the signs at all public entrances to the property
    or area where firearms are prohibited. The location where these signs must be erected to satisfy
    the requirements set forth in Tenn. Code Ann. § 39-17-1359 would depend on the layout of the
    property in question.
    4. No particular wording is required by Tenn. Code Ann. § 66-28-518(b) to appear in
    the landlord’s posted signs announcing the landlord’s parking rules. Any sign giving reasonable
    notice of the landlord’s parking rules will suffice.
    5. Tenn. Code Ann. § 66-28-201(a) prohibits a landlord from using a clause in a lease to
    circumvent the requirement that signs be posted in parking areas before a landlord may
    immediately tow vehicles that are parked in violation of the landlord’s parking policy. Tenn.
    Code Ann. § 66-28-518.
    6. A landlord may prohibit a guest of a tenant from coming onto the property if there is
    a clause in the lease authorizing the landlord to take such action.
    7. Under Tenn. Code Ann. § 66-28-301(b) a landlord cannot retain a security deposit if
    the landlord fails to give the tenant a written estimate of the cost of repairs. However, the tenant
    would still be liable for the cost of any damages to the property. Tenn. Code Ann. § 66-28-
    301(g).
    ANALYSIS
    1. You ask if a landlord may prohibit tenants, including holders of handgun carry
    permits, from possessing firearms on the leasehold. The relationship between a landlord and
    tenant in Tennessee is governed by the Uniform Residential Landlord and Tenant Act (“the
    Act”) in counties where it applies,1 Tenn. Code Ann. §§ 66-28-101 to 66-28-521, and by
    general principles of contract and real property law. Planters Gin Co. v. Fed. Compress &
    Warehouse Co., 78 S.W.3d 885, 889-90 (Tenn. 2002); Ryan v. Stanger Inv. Co., 620 S.W.2d
    505, 508 (Tenn. Ct. App. 1981).
    Under both case law and the Act, a landlord and tenant are free to establish terms
    governing the use of the property. Tenn. Code Ann. § 66-28-201(a); Planters Gin Co. v. Fed.
    1 The Uniform Residential Landlord and Tenant Act, Tenn. Code Ann. §§ 66-28-101 to 66-28-521, is only
    applicable to counties having a population of more than 68,000 according to the 1970 federal census or any
    subsequent federal census. Tenn. Code Ann. § 66-28-102(a). Prior to October 1, 2008, the Act was only applicable
    in certain counties that fell within specific population brackets. In these counties where the Act first became
    applicable on October 1, 2008, it applies to rental agreements entered into, extended, or renewed after that date.
    2008 Pub. Acts. Ch. 1067, § 4.
    Page 3
    Compress & Warehouse Co., 78 S.W.3d 885, 889-90 (Tenn. 2002). A landlord and a tenant
    may, therefore, mutually agree through a lease to prohibit the possession of firearms on the
    premises. Tenn. Code Ann. § 66-28-201(a).
    Under the Act, a landlord may also prohibit firearms by adopting a rule that satisfies the
    requirements of Tenn. Code Ann. § 66-28-402(a). It states:
    A landlord, from time to time, may adopt rules or regulations, however
    described, concerning the tenant’s use and occupancy of the premises. It
    is enforceable against the tenant only if: (1) Its purpose is to promote the
    convenience, safety, or welfare of the tenants in the premises, preserve the
    landlord’s property from abusive use, or make a fair distribution of the
    services and facilities held out for the tenants generally; (2) It is
    reasonably related to the purpose for which it is adopted; (3) It applies to
    all tenants in the premises; (4) It is sufficiently explicit in its prohibition,
    direction, or limitation of the tenant’s conduct to fairly inform the tenant
    of what the tenant must or must not do to comply; (5) It is not for the
    purpose of evading the obligations of the landlord; and (6) The tenant has
    notice of it at the time the tenant enters into the rental agreement.
    If the landlord complies with the requirements of Tenn. Code Ann. § 66-28-402(a), and that rule
    is in effect at the time the lease is executed, then the rule will be enforceable.2
    You also ask if a tenant who holds a valid handgun carry permit could possess a firearm
    on property notwithstanding a clause prohibiting the possession of firearms on the leasehold.
    Handgun carry permits authorize holders to carry a firearm in public for the purpose of going
    armed. Tenn. Code Ann. § 39-17-1308. Under the general principles of contract law, a tenant
    can contractually agree to give up rights as long as the waiver is not unconscionable, Tenn. Code
    Ann. § 66-28-204, or in violation of a statute. See, e.g. Freeman v. Thompson, 600 S.W.2d 234,
    236 (Tenn. Ct. App. 1979). A lease provision forbidding the possession of firearms on the
    leased premises is neither.
    2. You ask whether landlords may prohibit the possession of firearms on their properties
    without having to post a notice as specified in Tenn. Code Ann. § 39-17-1359. That statute
    authorizes property owners to prohibit weapons on their property by prominently posting notices
    at all public entrances to the property. Tenn. Code Ann. § 39-17-1359(a). It is a misdemeanor
    offense to carry a firearm on property where such signs are posted. Tenn. Code Ann. §§ 39-17-
    1358(b) and 39-17-1359.
    As discussed above, landlords may prohibit firearms on leased premises through a clause
    in the lease or by enacting a rule before the execution of the lease. Such a clause or rule would
    impose a contractual obligation upon the tenant, and a violation of that obligation would
    constitute a breach of the lease. If such a breach occurred, the landlord could resort to civil
    2 Tenn. Code Ann. § 66-28-402(b) also allows a landlord to adopt a rule or regulation after execution of the rental
    agreement “if reasonable notice of its adoption is given to the tenant and it does not work a substantial modification
    to the rental agreement.”
    Page 4
    remedies to enforce the terms of the lease. Tenn. Code Ann. § 66-28-505. By posting the signs
    as set forth in Tenn. Code Ann. § 39-17-1359, a landlord could also subject a tenant to criminal
    penalties.
    3. You have asked if a landlord who elects to posts signs pursuant to Tenn. Code Ann.
    § 39-17-1359 would be required to post a sign on the door of each living unit. To prohibit
    firearms under Tenn. Code Ann. § 39-17-1359(a), a property owner must post signs “in
    prominent locations, including all entrances primarily used by persons entering the building,
    portion of the building or buildings where weapon possession is prohibited.” The sign must be
    “plainly visible to the average person entering the building, premises, or property.” Id.
    Under the rules of statutory construction, if the language is plain and unambiguous, the
    plain meaning of the statute should be applied. Brown v. Erachem Comilog, Inc., 231 S.W.3d
    918 (Tenn. 2007). Tenn. Code Ann. § 39-17-1359(a) unambiguously states that the signs must
    be plainly visible at each public entrance to the area where firearms are prohibited. The exact
    location where signs would be required to be posted would depend on the facts and
    circumstances of each case.
    4. You ask whether Tenn. Code Ann. § 66-28-518(b) requires that signs posted to give
    notice of a landlord’s parking rules must contain a particular form of words in order to enable a
    landlord to immediately tow vehicles parked in violation of the rules. Tenn. Code Ann. § 66-28-
    518(b) states:
    A landlord may have a tenant’s, occupant’s, tenant’s guest’s, or
    trespasser’s vehicle immediately towed or otherwise removed from such
    real property, without notice, if and when such person fails to comply with
    the landlord’s permit parking policy as defined in the landlord’s posted
    signage.
    This statute does not prescribe any specific language that a landlord should use in posting a
    permit parking policy sign. Id. You also asked if a sign that says “TENANT PARKING
    ONLY” would satisfy the legislature’s intent and allow a landlord to tow a non-tenant’s vehicle
    parked on the premises. Under the rules of statutory construction, statutes should be interpreted
    so as to give effect to the intent of the legislature. State v. Hannah, 259 S.W.3d 716 (Tenn.
    2008). Under this statute, the legislature requires landlords to give automobile owners notice,
    through a posted parking permit policy, where they may legally park on the property before the
    vehicle can be towed. A “TENANT PARKING ONLY” sign would give sufficient notice that
    parking by non-tenants is unauthorized. Tenn. Code Ann. § 66-28-518(b) does not explicitly
    require that the posted parking permit policy include notice that unauthorized automobiles are
    subject to immediate towing.
    5. You have asked if the Uniform Residential Landlord and Tenant Act permits a
    landlord to immediately tow unauthorized vehicles where the signs required under Tenn. Code
    Ann. § 66-28-518(b) have not been posted, if the facility’s parking policy is set forth within the
    lease.
    Page 5
    Tenn. Code Ann. § 66-28-518 regulates the towing of vehicles by landlords. A
    landlord’s right to tow an unauthorized vehicle depends on whether the landlord has posted signs
    displaying the property’s parking rules. If the landlord posts such signs, then any vehicle in
    violation of those rules, whether it be owned by a tenant, occupant, guest, or trespasser, can be
    towed immediately. Tenn. Code Ann. § 66-28-518(b). If signs are not posted, then the landlord
    may only tow the unauthorized vehicle ten days after posting a written notice on the vehicle.
    Tenn. Code Ann. § 66-28-518(a).3
    Tenn. Code Ann. § 66-28-201(a) prohibits the use of rental agreements to waive or
    forego rights or remedies that are afforded by the Act. Tenn Code Ann § 66-28-518 sets out the
    conditions under which a landlord may resort to the towing of an automobile as a remedy for
    violation of the landlord’s parking rules. Any attempt to use a lease term to waive the signage
    posting requirements or otherwise modify the statutory remedies would violate Tenn. Code Ann.
    §§ 66-28-201(a) and 66-28-518 and would therefore be ineffective.
    6. You have asked if a landlord can prohibit a guest of a tenant from visiting the
    tenant’s leased premises. Absent a clause in the lease which gives the landlord power to limit
    visitors, a tenant can freely invite any person onto the property. The right to quiet enjoyment of
    the property is an implied term of every lease. Couch v. Hall, 412 S.W.2d 635, 637 (Tenn.
    1967); Marshall v. Summers, 934 S.W.2d 647, 650 (Tenn. Ct. App. 1996). The right of quiet
    enjoyment affords tenants with an exclusive right to occupy and use the property as they see fit,
    subject only to the terms of the lease. Southern Bell Tel. & Tel. Co. v. Yates, 232 S.W.2d 796,
    798-99 (Tenn. Ct. App. 1950). The right to quiet enjoyment of the property, however, may be
    modified or limited by express provisions in the lease. O’Connor, 75 Tenn. at 223.
    A lease may contain a provision that restricts the right of tenants to invite certain classes
    of guests, such as convicted felons,4 or limits the length of time a guest may remain. Absent
    such restrictions, the right to quiet enjoyment would afford a tenant with the right to invite
    whomever the tenant desires onto the property, free from the landlord’s oversight.
    7. You ask if a landlord will forfeit any claim for damages to leased premises because of
    a failure to provide the tenant with a damage cost estimate at the time the lease is terminated.
    Tenn. Code Ann. § 66-28-301(b)(1) states that upon termination of the leasehold, “[t]he landlord
    shall inspect the premises and compile a comprehensive listing of any damage to the unit that is
    the basis for any charge against the security deposit and the estimated dollar cost of repairing the
    damage. . . .” Tenn. Code Ann. § 66-28-301(c) states, in part, “No landlord shall be entitled to
    retain any portion of the security deposit . . . if the final damage listing required by subsection
    (b) is not provided.”
    3 A landlord may also tow a vehicle ten days after posting notice on the vehicle if the vehicle has flat or missing
    tires, is not operational, has a missing or broken windshield, is missing any fenders or bumpers, or has been out of
    compliance with state and local vehicle tag registration for more than thirty days. Tenn. Code Ann. § 66-28-519. A
    landlord can tow a “nuisance vehicle” 24 hours after posting notice on the vehicle. Tenn. Code Ann. § 66-28-520.
    4 See, e.g., Ross v. Broadway Towers, Inc., 228 S.W.3d 113, 123 (Tenn. Ct. App. 2006) (public housing resident
    could be evicted for having live-in caretaker who was a convicted felon, in violation of lease terms).
    Page 6
    By its terms, Tenn. Code Ann. § 66-28-301(c) prohibits a landlord from retaining a
    security deposit if no written estimate of damages is given to the tenant at the time a lease is
    terminated. There is nothing in the statute to indicate that the failure to provide such a list of
    damages releases the tenant from any liability. To the contrary, Tenn. Code Ann. § 66-28-301(g)
    preserves the landlord’s right to recover from the tenant any damages that the landlord is entitled
    to receive under the Act. This would include recovery of the cost of any cleaning needed to
    restore the property to its pre-rental condition, Tenn. Code Ann. § 66-28-401(2), and the cost of
    repairing damage intentionally or negligently caused to the property by the tenant, Tenn. Code
    Ann. § 66-28-401(4), as well as any other claims available to the landlord under the lease. Tenn.
    Code Ann. § 66-28-505(c).
    ROBERT E. COOPER, JR.
    Attorney General and Reporter
    MICHAEL E. MOORE
    Solicitor General
    BENJAMIN A. WHITEHOUSE
    Assistant Attorney General
    Requested by:
    Honorable Tony Shipley
    State Representative
    204 War Memorial Building
    Nashville, TN 37243

25. J. William Townsend writes
    October 30th, 2009 11:06 pm

    Permit holders will probably obey the ban. Non permit holders, who outnumber us by a large amount, won’t. And who is the bigger threat?

26. J. William Townsend writes
    October 30th, 2009 11:07 pm

    Let me add, permit carriers pose a minimal threat, at worst. All the bad acts are committed by the illegals.

27. Gary Davis writes
    October 31st, 2009 4:30 am

    Let me say the AG needs to get his head in the game. If concealed guns are banned how about the 12 gauge shotgun under the bed. Or are they eliminating all firearms on the premise? Good luck with that !!. So anti gun landlords have a say on how their property is managed. I don’t think so. Even though a tenant would sign an agreement to abide by the rules doesn’t mean they have to abide by the rules. Get it? Only recouse the landlord would have would be to evict. Go ahead… then the State Magistrate or Judge will hear the case. It is a civil matter, not a criminal matter. My money is on the Judges wise decision telling the landlord the state and federal constitution over rides some lame rental agreement. Just because one signs an agreement to abide does not mean they have to. The CWP is a state issued permit the same as your drivers license. As I said it would be a civil matter not a criminal case. Big difference. BTW I am a SC landlord and welcome CWP holders to rent. After all they have been prior background checked by our state. The AG is way off base.

28. dbltrplx writes
    October 31st, 2009 9:42 am

    in response to Gary Davis–cooper needs to get his head out of his ass–any reasonable person can see that this nonsense wont last–as soon as land lords start going broke from law suits this whole biz wil go bye bye–the AG is a moron and needs to go away

29. Mike writes
    October 31st, 2009 10:17 am

    Idiots abound in todays society. If you can’t protect yourself or your family in your residence station police at every turn and maybe the government of Tennese will wake up.

30. Watchin writes
    October 31st, 2009 10:53 am

    I think we need to solicit our representatives (state) and institute a pre-emption clause. The state really has done a lot of things wrong with opt-out allowances and the like. They, through irresponsible legislation, have created this whole mess, now to include allowing landlords the “right to ban guns”. It’s absurd that the lack of foresight is bogging down courts and imposing on lawful citizens. The state, in allowing municipalities to enact their own sort of gun legislation, has complicated a very simple law. The state needs to stand by our right to carry and guarantee its free exercise thereof everywhere in this state. Until they do, we’re going to get more of these ridiculous stories.

31. M2jordan writes
    October 31st, 2009 11:35 am

    There is a simple solution that has been in place in this country for the last 3 centuries. Don’t rent from anti gunners. When you see the clause in the contract tell them no thank you, and that you will take your money elsewhere. They lose enough business and they may change their mind, doughtfull since these are extreem anti constitutionalists anyway, but you never know.

32. Johnny Bang Bang writes
    October 31st, 2009 1:43 pm

    ATTENTION PEOPLE: No other authority, entity, government, or individual can oppress your natural right to defend yourself, your family or or other person that may be in imminent danger of bodily injury. Protect your family first, tell the AG and land lord to shove it in their dark star. Stupid laws are not meant to be obeyed.

33. Wm Tipton writes
    October 31st, 2009 3:40 pm

    “You people are worse than nicotine addicts (well, maybe you are addicts yourselves). Any threat to limit your wild-west possession of your guns is met with solid resistance and loud argument.”
    ==============================================
    Better than being self deluded into thinking that the bad guys wont eventually be in YOUR house raping and murdering YOUR children instead of the other guy.

    Its oblivious people like you who keep crime running rampant.

    “Really, when you think about it, the landlords of Tn. have precious few options over the calibre of folks to whom they can rent - as evidenced by most of the respondents to this article. Now, at least, they can claim some mastery over their own domains”
    ===================================================
    Remind me to stay the hell out of TN if Im going to be left unable to defend MY family when the criminal DOES finally come by.

    Ive BEEN burglarized chap. I KNOW that it happens to people every day.
    You keep on living in naive ignorance and hopefully when the bad guy comes for YOU one of US will be around to save your sorry arse.

34. orion 8591 writes
    October 31st, 2009 3:43 pm

    This violates natural law: self-defense is an inalienable right as old as the human race. You would think an AG would know natural law is the basis of all other law.
    The best way to handle this situation (if it becomes law) is (1) do not rent from those landlords ($$ talks), (2) challenge the law in court, (3) increase political pressure to remove that AG, (4) a state constitution clause like Montana’s, stating that firearms possession for self-defense is recognized as a perpetual individual right.
    May Tennessee live on.

35. Wm Tipton writes
    October 31st, 2009 3:43 pm

    “SammColt45 writes
    October 30th, 2009 6:18 pm

    I am a landlord in Virginia and I specifically state on my business cards, “Gun Owners Welcome!” If I could do it, I would ban any NON gun owners from renting any of my properties! Renting to gun owners is like having armed guards on my property at no cost to me. I like that!
    ====================================================

    Tell you what, if we ever move to VA the wife and I will be looking you up for a rental (thumbsup)

36. Wm Tipton writes
    October 31st, 2009 3:47 pm

    #
    M2jordan writes
    October 31st, 2009 11:35 am

    There is a simple solution that has been in place in this country for the last 3 centuries. Don’t rent from anti gunners. When you see the clause in the contract tell them no thank you, and that you will take your money elsewhere. They lose enough business and they may change their mind, doughtfull since these are extreem anti constitutionalists anyway, but you never know.
    ====================================================

    When we rented our place last year I asked specifically if there were any gun issues. Im a hunter and have a concealed carry license now and theres no way Im giving some communist dirtbag landlord who denies my rights any money.
    I go above and beyond most people to obey the law. So much so that I get chastised by even gun rights folks. I have perfect credit and so does the wife and we have a perfect rental history.
    If some landlord doesnt want our money because I own a few guns, thats fine….he can rent to some drug dealer instead for all I care.

37. Wm Tipton writes
    October 31st, 2009 3:52 pm

    #
    Gary Davis writes
    October 31st, 2009 4:30 am

    Let me say the AG needs to get his head in the game. If concealed guns are banned how about the 12 gauge shotgun under the bed. Or are they eliminating all firearms on the premise? Good luck with that !!. So anti gun landlords have a say on how their property is managed. I don’t think so. Even though a tenant would sign an agreement to abide by the rules doesn’t mean they have to abide by the rules. Get it? Only recouse the landlord would have would be to evict. Go ahead… then the State Magistrate or Judge will hear the case. It is a civil matter, not a criminal matter. My money is on the Judges wise decision telling the landlord the state and federal constitution over rides some lame rental agreement. Just because one signs an agreement to abide does not mean they have to. The CWP is a state issued permit the same as your drivers license. As I said it would be a civil matter not a criminal case. Big difference. BTW I am a SC landlord and welcome CWP holders to rent. After all they have been prior background checked by our state. The AG is way off base.
    =================================================

    Definitely agree.
    One of my old landladies tried to get me to sign something saying she wasnt responsible for things like oh, the FURNACE working.
    It wouldnt matter if I did sign it. Ohio tenant law says very clearly she absolutely has to keep it in working order. Nothing I sign changes the law and what it says.
    I ended up walking out of that lease without a single hitch because she refused to obey the law. Here in Ohio landlords only have a very short period of time to fix a major issue before the tenant can walk as long as they have proof (registered letter is best) that they made the landlord aware of the situation.

    .

38. RightofCenter writes
    October 31st, 2009 4:03 pm

    It’s amazing how few people understand what an A.G. opinion is. The A.G. is the lawyer for the state. The state, state agencies and state officials, working in their official capacity, are his clients. Like any lawyer, when he is asked for his opinion on what the law is, he gives it to the best of his ability.

    A.G. opinions are not policy statements. This opinion tells us nothing about whether the A.G. thinks this is good policy. This tells us only what, in his opinion, is the state of the law.

    The A.G. has no authority over the courts or local D.A.s. Lawyers and judges often disagree on the state of the law. When discussing this opinion, it would be best to separate the policy argument from the legal argument.

39. Sam Mosin writes
    October 31st, 2009 9:44 pm

    Let’s see if I have this straight-
    Landlords cannot discriminate about who they can rent to because of federal legislation;
    But they can override a federal constitutional amendment?
    Either the law is worse than worthless, or the attorney general is.

40. HERB DAVIS writes
    October 31st, 2009 10:14 pm

    HI,I LIVE IN OREGON AND WE HAVE THE SAME THINK,BUT OREGON WILL NOT TAKE OUTSIDE CCL PERMIT HOLDERS,SO WE SHOULD BANED KNIFES,BAT’S,SILVERWARE,AND CAR’S BECAUSE THEY KILLED MORE PEOPLE THEN GUNS,

41. 45ACP writes
    November 1st, 2009 1:10 am

    The way things are going, they will ban forks next, and Dolly Parton’s breast too. You know, she could put an eye out with those things !!!

    It don’t matter what laws are passed, criminals will do there thing. The rich politicians with there private armed bodyguards don’t care about you and I.

    Good luck and God speed.
    OOPS, they don’t believe in God either !!!
    Probably because all the characters in the bible used weapons of their day(swords,sling shots,knifes,etc.).

    Enough said….

42. Gav-n-Tn writes
    November 1st, 2009 2:15 am

    I’m still having a hard time with the landlord being able to usurp a Constitutional right. Could he also have clauses and signs limiting free speech? Could he pick and choose which ethnicity he could or could not rent to? This doesn’t sound like something that would stand up ultimately in a court of law. It sounds like a hypothetical scenario answer with nothing to really back it up. I’m not a legal expert but where is the precedent?

43. Jason Stubbs writes
    November 1st, 2009 3:17 am

    Hey, to Wm Tipton so if I own a gun do I get a discount?! So where do you rent properties in Virginia? To the no-firearms folk, good for you pay to live in a robbers market or post signs on your properties that say “no guns allowed” so that the criminals, who are in court anyway, can check the deeds and titles for those rentals and find out where you actually live and get to the nest egg. It’s reverse crime control policy, don’t worry about the small fish, go after the big sharks. And, those of us who believe in our freedoms will live in areas where we can watch each other’s backs and doors and practice the priveledge of not being weak, dependent lambs for the desperate and depraved.
    Scared straight? How about stare straight into the barrel of my Springfield XD .45?! Now, that is how to cut down on recidivism!

44. Voice of Reason writes
    November 1st, 2009 1:50 pm

    To: Tennessee Attorney General Bob Cooper

    In your opinion if a landlord either includes a firearms ban in the lease or through signs posted on the property, and someone gets shot on that property, would the victim have a winnable lawsuit against the landlord for not enforcing that ban?

    In order to have a Concealed Handgun License a person cannot have a criminal record and if he/she commits a criminal act his/her license is suspended or revoked. The fact that a person has a Concealed Handgun License proves they have not committed a crime. Can a landlord rent to only those people that have a current Concealed Handgun License?

    Please offer an opinion as to the landlord’s rights and responsibilities to enforce such a ban. Does the landlord have a right and responsibility to search all vehicles entering the property? Does the landlord have the right and responsibility to search all persons entering or remaining on the property? Does the landlord have the right and responsibility to search the rental property including the tenant’s personal belongings at any time for firearms?

    Your opinion states the landlord has the right to ban firearms on rental property. A person might rent an apartment believing they are safe because firearms are banned from the property. Please enumerate the responsibilities that accompany the landlord’s right to ban firearms.

45. Tkelly writes
    November 2nd, 2009 5:11 pm

    Sometimes it’s not the obivious theft of your rights
    that you see(The right to bear Arms) But the side effects of the restrictions that you dont see that will hurt you.
    If a landlord bars all weapons from his premises he in effect has barred all law enforcement personal from living in his premises.
    I wonder if the young ladies who agreed that it was good to forbid the weapons, would be thinking the same thing if she was being raped or beaten and knew that the likehood of someone coming to her aid
    unarmed were very slim.

46. Joe writes
    November 2nd, 2009 5:45 pm

    This is not about arrogant lanlords. THIS IS ABOUT YOUR DUMB FUCK IDIOT ATTORNEY GENERAL. VOTE THIS ASSHOLE OUT OF THE OFFICE

47. Jim writes
    November 9th, 2009 9:44 pm

    Doesn’t a landlord have the right to do whatever he wants with his property, isn’t it your responsibility to live somewhere where you can do the things you want?

48. Jim from Johnson City writes
    November 17th, 2009 9:55 pm

    The state of Tennessee has been expanding the gun carrying rights of Tennesseans.People around the country take hope in Tennessee and it’s American spirit.The attorney general of Tennessee seems to want to curtail these 2nd amendment RIGHTS.Voters of the great state of Tennessee,i am formerly of the people’s Republic of Massachusetts.In Massachusetts there are no 2nd amendment rights.If someone is allowed to buy guns, the guns that they buy must be on an APPROVED gun list. To just OWN a gun you must have a permit,it must be kept current,if it expires you gun become ILLEGAL and you become a CRIMINAL!!!!! The person in charge of this oppression is the ATTORNEY GENERAL.Perhaps the goal of our attorney general is to bypass the Tennessee legislative bodies to transform Tennessee into Massachusetts. David Crockett would not have kind words for him. Landlords do not have the power they have had historically to oppress the serfs.One power the landlords used to have was to say no weapons for tenants.Why is this happening? Who is behind it? Why is communism comming to Tennessee.Next election throw these elitists who do not respect the judgement of voters/citizens but take every opportunity to stick their feet on our heads.Can a landlord restrict other constitutional rights? The attorney general should be deposed. Jim,TN

49. John Adams writes
    November 17th, 2009 10:06 pm

    I only have one question.Two actually.Why do we take these constant cowardly lawyer-type backhanded assaults on liberty and when do we get to tar and feather the culprits? The AG looks like a dork.I like those dumbo ears.Too much inbreeding.Is he a Tennessee native or a carpetbagger liberal import?

50. mrbsox writes
    November 22nd, 2009 10:08 am

    Narrow minded people make NARROW minded decisions.

    The solution is simple:
    It IS the landlords property, so his say goes. You come to MY house, you abide by MY rules, I’m sure your house is much the same way.

    You don’t like the terms of the lease… DON’T LEASE !!!

    But the 2nd ammendment doesn’t give you the right to condemn someone elses judgement. After all, it is his/her God given right to BE WRONG !!