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Can public housing residents be denied the right to keep and bear arms:[/align]A week ago, in
Lincoln Park Housing Comm'n v. Andrew, the Michigan Court of Appeals held that a public housing agency may bar its tenants from possessing guns. The public housing agency, though, is governed by the Michigan Constitution of 1963, article 1, section 6 of which says "Every person has a right to keep and bear arms for the defense of himself and the state."
The court dealt with the right to keep and bear arms by reasoning that:
[blockquote]While the right to possess arms is acknowledged within the Michigan Constitution, this right is subject to limitation. Jurisprudence in this state has consistently maintained the right to keep and bear arms is not absolute. This Court has determined that 'the constitutionally guaranteed right to bear arms is subject to a reasonable exercise of the police power.' The state has a legitimate interest in limiting access to weapons.
It is recognized that public housing authorities have a legitimate interest in maintaining a safe environment for their tenants. Infringements on legitimate rights of tenants can be justified by regulations imposed to serve compelling state interests which cannot be achieved through less restrictive means. Restrictions on the right to possess weapons in the environment and circumstances described by plaintiff are both in furtherance of a legitimate interest to protect its residents and a reasonable exercise of police power. This is particularly true given defendant's failure to make any allegation she feels physically threatened or in danger as a resident of plaintiff's complex necessitating her possession of a weapon to defend herself.[/blockquote][/align]
FEMA bans firearms in trailer parks
