Evicted for self defense

[evan price]

You guys are forgetting a few things.
Tbe Constitution applies to government, not private individuals.
You certainly can legally sign away your rights, for example freedom of speech or expression, while on private property. Case law is clear on that.
Also, "gun owner" isn't a protected class, such as race, disability, gender, etc.

[skb12172]

Given how the right is written in the state constitution, the landlord has no case.

[slowpoke]

You guys are forgetting a few things.
Tbe Constitution applies to government, not private individuals.
You certainly can legally sign away your rights, for example freedom of speech or expression, while on private property. Case law is clear on that.
Also, "gun owner" isn't a protected class, such as race, disability, gender, etc.

Doesn't matter. Any contract "against public policy" is unenforceable. Try adding restrictions on voting to a lease and see how fast you end in jail. Its not the protected class; its the abrogation of rights.

[Kommander]

Remember Evan were talking about a place where people will be living, not a business they will be visiting. The rules are different.

[Rod]

It is unclear whether the gun was licensed or not, and Lembo wouldn't say where he bought the gun, according to the Portland Press-Herald.

Ummm, Maine is a Constitutional Carry state so that doesn't even enter into the picture.

Furthermore, Article 1 Section 16 of the Maine Constitution echoes this sentiment by stating: ‘Every citizen has a right to keep and bear arms and this right shall never be questioned.’”

Point against landlord.

Harry Lembo, 67, said he armed himself with a 1943 Russian-made revolver on Aug. 31

Mosin?

[skb12172]

It is unclear whether the gun was licensed or not, and Lembo wouldn't say where he bought the gun, according to the Portland Press-Herald.

Ummm, Maine is a Constitutional Carry state so that doesn't even enter into the picture.

Furthermore, Article 1 Section 16 of the Maine Constitution echoes this sentiment by stating: ‘Every citizen has a right to keep and bear arms and this right shall never be questioned.’”

Point against landlord.

Harry Lembo, 67, said he armed himself with a 1943 Russian-made revolver on Aug. 31

Mosin?

You mean Nagant and yes, probably. I have one. I'd use it over harsh language or a .22 anyday.

[Aesop]

You guys are forgetting a few things.
Tbe Constitution applies to government, not private individuals.
You certainly can legally sign away your rights, for example freedom of speech or expression, while on private property. Case law is clear on that.
Also, "gun owner" isn't a protected class, such as race, disability, gender, etc.

Private individuals rely on government enforcing the state's law.
Please look up the language of the 14th Amendment, and then tell us again who the Constitution applies to.
Then look up who signs off on landlord-tenant law wherein both reside.

And you can't sign away your rights.
You can indeed voluntarily relinquish them at any time.
You cannot, however, have that enforced on you with any stroke of a pen, even if you signed the offending contract, against your will.
And if your expression offends someone else, he can ask you to leave the property if it isn't yours, but he doesn't get to cut your tongue out or gag you.
Landlords have no more right to command a tenant to leave their contracted-for and duly paid-for domicile for arming themselves nor exercising self-defense than they have to do so because they don't like your taste in music or politics.
If a landlord doesn't like tenants exercising their constitutional rights, he is always free to manage properties in a place where there is no such pesky constitution.
Bosnia, Zimbabwe, and Afghanistan come to mind, off the top of my head.

This landlord is leaning on an unenforceable contract, and it's going to get broken off in his ass, sooner or later.
Early is as good a time as any in this case, unless he wises up earlier than that and rescinds his recockulous contentions.
Folks should stop letting their libertarian streaks let them get wrapped around the axle over private property rights, and recall that the Constitution stands there to ensure you don't get to color outside that box simply because you have a deed of ownership in your hand.
The last yabos to try claiming that their property rights trumped the Constitution got bent over a barrel and spanked all the way to Appomatox; it wasn't a pretty thing to get there for either side, to make that point.
Try running a brothel, cooking meth, or storing toxic waste on "private" property, and let us know how that works out.

And frankly, long before justice's mills grind him down, someone should take a pipe to this landlord's knees, and suggest the event will become a weekly occasion if he doesn't wise up. Anybody who'd try this is a dickhead of epic proportions, and infinitesimal IQ, such that only orthopedic injuries will likely improve either his outlook or intelligence. It is a consummation devoutly to be wished.

[Netpackrat]

Folks should stop letting their libertarian streaks let them get wrapped around the axle over private property rights, and recall that the Constitution stands there to ensure you don't get to color outside that box simply because you have a deed of ownership in your hand.

I won't even let my heathen streak let me get wrapped around the axle over saying, "Amen, can I get a hallelujah?" I'm also not too embarrassed to admit that I am glad he who shall not be named isn't here to insist that property rights must trump the right of self defense in the name of some asinine quest for ideological purity.

[evan price]

Folks should stop letting their libertarian streaks let them get wrapped around the axle over private property rights, and recall that the Constitution stands there to ensure you don't get to color outside that box simply because you have a deed of ownership in your hand.

I won't even let my heathen streak let me get wrapped around the axle over saying, "Amen, can I get a hallelujah?" I'm also not too embarrassed to admit that I am glad he who shall not be named isn't here to insist that property rights must trump the right of self defense in the name of some asinine quest for ideological purity.

My private property rights DO trump your personal rights, when it is my property we're talking about. If we're referring to stores banning CCW on their property. I don't like it, but I agree private property rights are paramount. If you don't like it, don't come on my property. Nobody is forcing you.
However- ("My hypocrisy knows no bounds Wyatt") I also believe that if I know the penalty for being caught with my CCW on someone else's property, and I choose to defy that rule, it is my ass, and nobody else's- I put on my big boy pants every day. I accept the penalty that may result.

[evan price]

random inflammatory rhetoric

What you forget is that it is perfectly legal to sign away your Constitutional rights. People sign gag orders and no competes etc. all day long.
There is a difference between this, and asking a judge to oversee a contracts dispute between a junkie and a drug dealer regarding the purity of the smack- because using, producing, selling and possessing smack is specifically illegal.
The 14th Amendment makes the institutional practice of slavery illegal.
Funny how with almost no effort I can find people who willingly and eagerly have become actual slaves by contract- and I'm not talking wage-slavery I mean actual Dom-Sub slaves. It's a consensual agreement between two informed adults.