The Right to Bear Arms Vs. Property Rights

In a story today at Breitbart News (link below), a District Judge has stated that your right to defend yourself does not start only at your door.

It’s always good when a judge affirms what most of us already agree with.  But here is where it becomes tricky.

Do your constitutional rights go with you wherever you go, or do they end when you enter property not owned by yourself and not government property?  Are your rights merely extended to you on your own property, in essence?


I’ve seen people become quite impassioned over this concept of “private” property rights.  And somehow, this concept of private property rights seems to trump 2nd amendment rights, even in the eyes of those that believe in the 2nd amendment.  How is that possible?

I believe their logic is flawed, and I will explain why.

First of all, there is not a set of all-inclusive property rights that any of us have on any property within these United States.  Think of all the laws that apply to you today on your property, even with the fact that you “own” this property.  If you, as the property owner, have ultimate say so, then how do you explain all the rules, codes, zoning laws, and other legal requirements you are required to fulfill on your “property”?

Second, there is no evidence whatsoever, that the U.S. Constitution does not apply on private property, is there?  Can you, for instance, violate the 14th Amendment on private property because you own it?  Can you decide, on your private property where you run a restaurant, that you will NOT have handicap-accessible rest rooms?

Can you eliminate the need for handicap parking?

Can you establish your own justice system on private property because you own it?

Can your vehicles be searched by the private property owners while in their parking lots?

The answer of course is no.

If you cannot violate some of the US Constitution on “private” property, then certainly you cannot violate any of it.

I challenge you to revisit your notions on “private” property and what that entails.  Then see if you believe your rights end at the property line.

Often I am presented with the argument that I am trespassing and can be asked to leave.  I’ll argue that to be trespassing, I cannot be singled out as a trespasser because I am exercising my 2nd amendment rights any more than a business could ask you to leave because of your race, color, creed, etc.

Of course, I can be asked to leave and be considered trespassing if I were engaged in behaviors or activities that were not protected by the U.S. Constitution.

I, as a citizen of the United States, am guaranteed that right.  And it has not been negated by some superior law of private property rights.  The 2nd amendment does not say “…shall not be abridged, except on private property”, does it?

I did not think so.

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