Second Amendment and Landlords: Can landlords prevent tenants from possessing firearms in leased apartments?
The right to bear arms: The Constitution, as amended (Bill of Rights), provides: “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.” Two general rules to remember, (1) as society changes, so too does our interpretation of the Constitution, and (2) the Constitution does not apply to the States unless the provision says it does, or the Supreme Court has found it does.
And a recent Supreme Court interpretation (2008) found that the second amendment encompass an individuals right to bear arms, not only when connected to militia (see District of Columbia v. Heller, 128 S. Ct. 2783 (2008); where the District of Columbia regulated handguns). The Supreme Court continued in 2010 and found this right extends not only to the Federal government but to the States as well (see McDonald v. Chicago, 130 S. Ct. 3020 (2010); “the Second Amendment right is fully applicable to the States”).
From those two recent cases, it is fair to conclude, an individuals right to possess and own firearms must not be interfered with, by State or Federal regulation or legislation, unless such legislation can pass the proper level of scrutiny necessary.
Although the Second and First Amendments are presently some of our Nation’s strongest, they generally do not apply, in any form, to private individuals. Rather, individuals are afforded protections to regulate or conduct themselves however they please, in particular, on their own private property; unless otherwise prohibited. Since landlords are private and not public actors, generally they may allow or disallow whatever they choose. A landlord may prevent you from posting signs in the windows of your apartment, wearing blue, lighting candles, keeping Christmas trees, or possessing firearms.
Therefore, yes, a landlord can prevent you from possessing firearms in your leased apartment. That does not mean you have to lease from that landlord though, you may take your business elsewhere, or contact your representatives to change the law.
