Currently, five states have implemented laws that specifically state whether or not landlords can prohibit a tenant from owning a gun in their home. Tennessee is the only state allowing a landlord to stop tenants from having firearms on their property. Ohio, Minnesota, Virginia, and Texas created laws that do not allow a landlord to prohibit a tenant’s Second Amendment rights.
No other laws are enforced, but other states are looking into the situation. The Second Amendment rights are under attack in America while the rest of the country remains silent, which leaves it up to the landlord’s discretion as to what is in the lease.
What Does This Mean for Gun Owners Who Rent?
Looking at Texas, which is one of the states that lead the charge in protecting Second Amendment rights, Texas attorney Dan Chern had this to say, “If states are silent, then the landlord is free to put a provision in a lease banning firearms, and that provision would be enforceable under general contract provisions.”
The more states that remain silent, the more liberal landlords will try to stop a tenant from owning a gun. Not only are the government and foreign governments working to stop US citizens from owning guns, but now liberal landlords can squeeze down on the rights of citizens.
The Lease Has the Answers
There are three ways to look at the lease concerning gun rights.
- The lease prohibits tenants from owning a gun.
- The lease allows guns in the rental house, but they must be kept in a safe place.
- There is no clause stating either way.
Numbers one and two speak clearly, but the third is open to debate. The first one is clearly against Second Amendment rights. Number two is fair to gun owners as it leaves it to the gun owner’s responsibility. The final one, the landlord, cannot dispute in court because the Second Amendment overrides what is not written in the contract.
Another Way to Support the Second Amendment
A US citizen has the right not to sign the lease if they don’t agree to the terms and can support a landlord who does abide by the Second Amendment rights. A tenant only has a say if the state law prohibits a landlord from stopping them from owning a firearm. Otherwise, the courts will look at the lease.
Sources
https://www.tenantcloud.com/blog/can-a-landlord-enforce-gun-control
https://www.tsci.com/can-landlords-prohibit-guns-in-their-lease-agreement/