Legal Question in Constitutional Law in South Dakota
2nd amendment and Apartment lessee
My apartment says i can not have my handgun in my apartment but i do hold a concealed weapons permit plus a security license do they have the right to say i can not keep it in my residents?
1 Answer from Attorneys
Re: 2nd amendment and Apartment lessee
Yes. The Constitution only limits what the government can do. Private parties, including the owner of your building, can forbid things that the government must allow. Additionally, individuals can sign contracts in which they agree not to exercise certain rights; your lease agreement probably contains such a waiver of any right you otherwise may have to own a gun.
Your government permit does not trump the landlord's rights. I have a government permit to drive a car, but that does not give me the right to do so on someone else's property without her permission.
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