Can a landlord forbid gun ownership in his apartment complex?

[Simon W. Moon]

You really think the BoR only stops the government from owning slaves and not you?

It prevents laws which make people slaves. Absent the legal status of "slave", no one can own slaves.

 

[CRUE CAB]

Is someone being "forced" to rent where there is a prohibition on firearm possession?
It's quite clear that people can enter into enforceable agreements where they agree not to exercise certain rights.
Property Management companies are not the govt. The BoR applies to the govt.

But they cannot be forced to sign a right away, even if they do. Its un enforceble.
The BoR applies to everyone in the US.

 

[Jerry]

Perhaps you should read it again
14th Amendment | U.S. Constitution | LII / Legal Information Institute

Oh you want to start being a dick now, huh, ok...

If you fire an employee just because they have brown eyes, is a woman, or is a Muslim, they are going to win a wrongful-termination claim against you and draw unemployment off of you:

Wrongful Termination of At Will Employment

The Civil Rights Act in 1964 extended anti-discrimination protections to employees, whose employment could no longer be terminated for reasons such as their race, gender, skin color, religion, or national origin. Additional legal protections now exist to deter certain forms of age discrimination. Following the creation of these anti-discrimination laws, it became possible for employees to argue that their terminations were "pretextual" - that is, although their employers were citing lawful reasons to terminate their employment, their employers were actually motivated by unlawful discriminatory motives.

~snip~

Some states will permit an "at will" employee to bring a lawsuit on the basis that the employer violated an implied covenant of "good faith and fair dealing" in association with the termination decision. In such states, even with an at-will employee, the employer must extend some degree of fairness in the decision to terminate employment.

******
If you remove a customer just because they have brown eyes, is a woman, or is a Muslim, you will be cited by the State for braking Public Accommodation codes.

For example:

South Dakota Code 20-13-23


20-13-23. Public accommodations--Unfair or discriminatory practices. It shall be an unfair or discriminatory practice for any person engaged in the provision of public accommodations because of race, color, creed, religion, sex, ancestry, disability, or national origin, to fail or refuse to provide to any person access to the use of and benefit from the services and facilities of such public accommodations; or to accord adverse, unlawful, or unequal treatment to any person with respect to the availability of such services and facilities, the price or other consideration therefor, the scope and equality thereof, or the terms and conditions under which the same are made available, including terms and conditions relating to credit, payment, warranties, delivery, installation, and repair.

When you open your business to the public, you have to conduct 'fair and equal treatment' to each person who voluntarily walks through your door. You cannot deny access to your business just because a customer is one of these protected classes. You cannot refuse to sell to a customer just because the customer belongs to one of these classes. You can't do that now, you wouldn't be able to do that if 'lawfully carrying a firearm' were added to the list.

These laws come from the 14th Amendment. Yes, the 14th gives protections to individuals, from individuals, in addition to protections from the government.

Please, get a clue before speaking.

 

[Simon W. Moon]

But they cannot be forced to sign a right away, even if they do. Its un enforceble.

It's already been establshed that in a number of instances there are enforceable contracts which call for one or more parties to forgo exercising a their rights.

The BoR applies to everyone in the US.

That is true. But it doesn't prohibit everyone, it prohibits the govt. Private citizens are allowed to establish a religion f'rinstintz.

 

[Henrin]

Oh you want to start being a dick now, huh, ok...

If you fire an employee just because they have brown eyes, is a woman, or is a Muslim, they are going to win a wrongful-termination claim against you and draw unemployment off of you:



******
If you remove a customer just because they have brown eyes, is a woman, or is a Muslim, you will be cited by the State for braking Public Accommodation codes.

For example:



When you open your business to the public, you have to conduct 'fair and equal treatment' to each person who voluntarily walks through your door. You cannot deny access to your business just because a customer is one of these protected classes. You cannot refuse to sell to a customer just because the customer belongs to one of these classes. You can't do that now, you wouldn't be able to do that if 'lawfully carrying a firearm' were added to the list.

These laws come from the 14th Amendment. Please, get a clue before speaking.

He has plenty of a clue on this subject. Please read the amendment before just parroting conclusions on the constitutionally of laws and their validity coming from the fourteenth amendment. Of course, none of this deals with the fact that the law in question violates the 1st and 13th amendment making the fourteenth amendment argument moot.

If you can find where the fourteenth amendment deals with business or allows the government to stop private discrimination, be my guest, but you won't find it. If you want you can look at supreme court cases as well. All you will find though is the court saying bluntly that the fourteenth amendment does not permit the government from stopping private discrimination.

 

[Jerry]

That is true. But it doesn't prohibit everyone, it prohibits the govt. Private citizens are allowed to establish a religion f'rinstintz.

Landlords are not allowed to discriminate against religion.

 

[CRUE CAB]

I agree on the tattoo and gay marriage, disagree on the gun. And if you sign that lease and carry anyway that is very dishonest, and morally wrong and quite frankly would make you a liar and in breach of your lease.

I know people who wont rent to tattooed people.
But there is nothing in the Bill of Rights about tattoo. But there is something about owing a gun.

 

[CRUE CAB]

Landlords are not allowed to discriminate against religion.

Whats allowed, and whats done are two different things.

 

[Jerry]

Whats allowed, and whats done are two different things.

And that's why I'll carry even if there's a little policy against it. Everyone does what they want anyway, it's just a game of not getting caught.

 

[Simon W. Moon]

When you open your business to the public, you have to conduct 'fair and equal treatment' to each person who voluntarily walks through your door. You cannot deny access to your business just because a customer is one of these protected classes. You cannot refuse to sell to a customer just because the customer belongs to one of these classes. You can't do that now, you wouldn't be able to do that if 'lawfully carrying a firearm' were added to the list.

Has firearm owner been added to the list of protected classes?

 

[Simon W. Moon]

Landlords are not allowed to discriminate against religion.

Yes, that's true; however, it's because of the Fair Housing Act, not the Bill of Rights.

 

[Jerry]

It prevents laws which make people slaves. Absent the legal status of "slave", no one can own slaves.

Where did you dig that bull**** up? Seriously you sound like you have no idea what you're talking about. No one can ever kidnap anyone and make them a sex slave unless they first go to the courthouse together and file paperwork with the court to change their status to slave? You just have no idea what you're doing on this thread at all.

 

[Henrin]

I know people who wont rent to tattooed people.
But there is nothing in the Bill of Rights about tattoo. But there is something about owing a gun.

The second amendment only prohibits government, not people. Seriously people, the BOR does not prohibit citizens.

 

[CRUE CAB]

Has firearm owner been added to the list of protected classes?

Yes, they day they ratified the 2A.

 

[Simon W. Moon]

And that's why I'll carry even if there's a little policy against it. Everyone does what they want anyway, it's just a game of not getting caught.

Actually, quite a number of people behave ethically--even when no one is looking.

 

[Henrin]

Yes, they day they ratified the 2A.

Gun owners are not protected citizens any more than anyone else. The second amendment does not protect your right to bear arms on private property that you do not own.

 

[Jerry]

Yes, that's true; however, it's because of the Fair Housing Act, not the Bill of Rights.

The Fair Housing Act get's it's authority from the Bill of Rights, it expands and specifies the protections encased in the BoR...seriously you're just making yourself look dumb.

 

[Jerry]

Actually, quite a number of people behave ethically--even when no one is looking.

Including myself.

 

[Simon W. Moon]

No one can ever kidnap anyone and make them a sex slave unless they first go to the courthouse together and file paperwork with the court to change their status to slave?

The fact that there is not a legal status of "slave" means that there's not an option to go to the courthouse and have someone declared a slave. Not sure how you got from A to 17 there.
:shrug:

 

[Henrin]

The Fair Housing Act get's it's authority from the Bill of Rights, it expands and specifies the protections encased in the BoR...seriously you're just making yourself look dumb.

No, it doesn't.

 

[Simon W. Moon]

Yes, they day they ratified the 2A.

The Fair Housing Act had not been created on that day.

 

[Simon W. Moon]

The Fair Housing Act get's it's authority from the Bill of Rights...

It gets it's authority by being a federal law.

 

[Jerry]

Gun owners are not protected citizens any more than anyone else. The second amendment does not protect your right to bear arms on private property that you do not own.

Care to explain Parking-lot Storage Laws, then?

For example:

http://www.handgunlaw.us/states/florida.pdf

(3) Legislative Intent; Findings.--This act is intended to codify the long-standing legislative policy of the state that individual citizens have a constitutional right to keep and bear arms, that they have a constitutional right to possess and keep legally owned firearms within their motor vehicles for self-defense and other lawful purposes, and that these rights are not abrogated by virtue of a citizen becoming a customer, employee, or invitee of a business entity. It is the finding of the Legislature that a citizen's lawful possession, transportation, and secure keeping of firearms and ammunition within his or her motor vehicle is essential to the exercise of the fundamental constitutional right to keep and bear arms and the constitutional right of selfdefense.....

(4) Prohibited Acts.--No public or private employer may violate the constitutional rights of any customer, employee, or invitee as provided in paragraphs (a)-(e):
(a) No public or private employer may prohibit any customer, employee, or invitee from possessing any legally owned firearm when such firearm is lawfully possessed and locked inside or locked to a private motor vehicle in a parking lot and when the customer, employee, or invitee is lawfully in such area.


.....

 

[Simon W. Moon]

Care to explain Parking-lot Storage Laws, then?
For example:

What is it exactly that you need to have explained?
That FL law is not the US Constitution?

 

[davidtaylorjr]

Yes it's dishonest, and I'm ok with being dishonest to people who aren't acting respectfully, like a landlord with a no-gun policy. I have a duty to protect myself and my family and I'm good with a lie to a nosy landlord to serve that purpose. Since my moral to defend my family is intact, so to is my personal integrity.

Invoking the 5th amendment is the lie of omission, so you may want to reconsider your view on lies.

And...you have to prove that I've breached my lease, because in America I'm presumed innocent until someone can prove my guilt. You can't evict me just because I have a gun on the property. You have to prove it. I figure if the landlord has a no-gun policy, then if I'm ever caught then evidently I'm not very good with concealed carry and that's on me.

Moral obligation to protect your family, yes. HOWEVER, there are other places you could choose to go that don't have a gun policy. See how that works? And just because you aren't proven guilty does not mean you are not guilty, just means you got away with it.