Challenge to renters having firearms

[n24wheel]

http://www.volunteertv.com/home/headlin ... 50054.html





You're a gun owner, but you're not allowed to keep your weapon in your home because your landlord says you can't. It's an issue that a University of Tennessee law student is tackling, as both a budding attorney and a gun owner who feels his rights are being violated.
Posted: 5:43 PM Feb 1, 2011
Reporter: Angela Starke
Email Address: Angela.Starke@wvlt-tv.com




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Font Size: KNOXVILLE, Tenn. (WVLT) - You're a gun owner, but you're not allowed to keep your weapon in your home because your landlord says you can't.

It's an issue that a University of Tennessee law student is tackling, as both a budding attorney and a gun owner who feels his rights are being violated.

We spoke with a few attorneys who said this really is about the rights between an individual and property owner.

But Daniel Solla hopes his individual rights win out. Solla is a combat veteran, law student and handgun-carry permit holder. He wants to keep his gun in his apartment home at University Heights in South Knoxville.

"I would never want to use my weapon unless my life was threatened," Solla says.

But the 25-year-old recently learned that he couldn't have his weapon even if he needed it because the complex has a policy against weapons.

Solla says he learned of the policy after someone approached him late at night. He made it known he had a weapon and called the police.

The next day, management told him he couldn't keep a gun on the premises or in his car.

"My basic right stems from the Constitution, and I went over to fight all that America represents," Solla said.

According to Tennessee Code Annotated, a corporation or business can prohibit the possession of a weapon on their property. But the same code says that notice of the prohibition must be displayed in prominent locations, including all entrances primarily used by persons entering the property.

We checked the grounds of University Heights and couldn't find any notices. Solla says he's never seen one, either.

According to Solla: "I believe in the Constitution, and all that it repesents. I think anyone who tries to impede it through loopholes is doing this country a disservice,"

University Heights rents to several students from the University of Tennessee and is owned by American Campus Communities, based in Austin, Texas. Solla says his lease says weapons are not allowed unless authorized by law, yet he feels he is authorized by law because of his permit.

But until management agrees, Solla says he'll keep the issue out front.

A spokesperson from American Campus Communities sent us a copy of a lease agreement that does prohibit weapons. It did not have the clause "unless authorized by law," similar to the one we saw today in Solla's lease.

The spokesperson also said the policy is consistent with the Tennessee Attorney General's opinion.

[C. Richard Archie]

If nothing else is evident from this, we should all take away that Tennessee needs a new Attorney General, one who supports and upholds the Constitution.

[SomeGuy]

Isn't there a law against requiring renters to give up certain rights? As I recall, it would be illegal to deny a person a place to rent solely based on what the religion they choose for example. 1 and 2 are both rights, so this may cover the renter.

[ProguninTN]

[tnxdshooter]

I see the court ruling against the land lords in this case. Since it is not posted anywhere just having it in the agreement would more than likely not be enough. If his contract says one thing and the contract the management has says another then the management must be held accountable for that. I bet he sues and wins.