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Sunday, March 11, 2012

Some questions

As we deliberate the questions on gun rights vs Property rights I have posed a few questions to the AG for judiciary committee.

A little preview...

Is there a difference in the laws regarding the protections from illegal search and seizure between a vehicle and a person?

What are the property rights differences between non governmental, public property (such as a gas station parking lot) and private property (such as a house driveway or even inside of a house)? When does private property become public (as in open to increased government regulation)? Does a fenced (or walled) yard or gated driveway/parking area have any effect on the rights of the property owner be it public or private?

Can a person be required to give up any constitutional rights or protections when on private property as a condition of access to that private property? Public property? To receive a job or for access to a job? On or in their own property? On or in their own property (such as a car) if that property is on public property? Private property?

Are their any state or federal court cases, federal laws or opinions issued by the state of TN that address the question if a landlord can limit gun owner rights as a condition of renting an apartment? access to parking (for tenants or for guests) for that apartment? Could a parking lot owner "rent" or give spaces to car owners with similar restrictions? If sb3002 or a similar version passes? Could any of those cases or laws or opinions nullify this act or any part of this act?


  1. The government interferes with private property all the time. Just check out the Tennessee Uniform Residential Landlord Tenant Act, for example.

  2. Well Drew I have some good news for you. A year or so ago I completely reworked the URLTA. It is much less cumbersome then it was and much more fair to the property owner then it has been in the past. I think it was SB 1009 if I recall correctly. Of course it will only affect places that already had it in place previous to my rework. No new areas were added and so far those who have reviewed it seem to think it was a huge improvement for the property owner.

  3. Leave businesses alone, TN is a Right to Work state, keep it that way. They are free to fire you for No reason. You are free to quit for No reason.

  4. This is NOT a gun rights vs. property rights issue at all. A business is free to fire me even if it's because they don't like the way I look or, as MickeyWhite says, for No reason. But they are NOT free to use any official government agent to claim authority to search MY property (i.e.: my car). Not any more than they I would ever allow a private company search my house. And that includes the perception (deception?) of officialdom by a company security guard with a uniform.

    Apply this to first amendment rights and see how it sounds. You gonna let your boss search your car for Bibles and porno mags?

    I am not a TN resident, but we have a very similar bill stuck in committee here in NC. State Rep. Paul Stam made the bizarro claim that my car becomes his property when it is parked on his property.

    Here's more detail on my reasoning.


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