"Supporters of the right to keep and bear arms have long recognized the value of firearms for the defense of life, liberty, and property. But in Florida, a perverse conception of the 2nd Amendment has produced the opposite effect: The cause of gun rights is being used to attack property rights.

In 1987, Florida wisely affirmed personal freedom by letting law-abiding citizens get permits to carry concealed weapons. But this year, the legislature decided it was not enough to let licensees pack in public places. They also should be allowed to take their guns into private venues — even if the property owner objects.

The 'take your guns to work' law says anyone with a conceal-carry permit has a legal right to keep his gun locked in his car in the company parking lot. Until recently, companies had the authority to make the rules on their own premises. But when it comes to guns, that freedom is defunct." [Reason, 08/25/2008]

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This is another example of what I think of as "repressive libertarianism," where certain people who call themselves libertarians invariably side with property owners who want to limit other people's liberties through the use of contract law. Property rights (usually held by somebody with a whole lot of economic clout) trump every other liberty. The libertarian defense of HOAs is the perfect example. The developer writes covenants and leaves. Everybody who lives there has to obey them forever, even if they lose due process of law and expressive liberties.

As private corporations take over more functions of government, this position could lead to gradual elimination of constitutional liberties.

Evan McKenzie. "Gun Rights vs. Freedom? How 'Take Your Guns to Work' Laws Violate Property Rights". August 25, 2008.

Posted by 1776-2001

1 Comment

  1. The problem with this argument is that this arrangement only works if you voluntarily sign the contract.

    It’s not like the government is going to come after you for not buying or renting a property with a HOA.

    Don’t like it? Don’t sign it.

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