Can my landlord prohibit firearms in my rental?

There is no law in AZ that either prohibits or specifically allows a landlord from establishing rules against firearms on their property.

I only found three states that have laws regarding landlords prohibiting firearms on their properties. Two of them protect gun owners from landlords, one specifically allows landlords to prohibit guns.

  • Minnesota: protects firearms owners from landlords prohibition. Minnesota Statute 624.714
  • Tennessee: specifically allows landlords to ban guns on their property. Tennessee Statute 39-17-1307(b).
  • Virginia: protects firearms owners from landlords prohibition. Virginia Rental Housing Act 1974 55-248.9.6.

AZ law is silent on the issue. Which means that landlords in AZ are allowed to make their own rules on the matter. The concept of Nulla poena sine lege, which means ‘no penalty without a law” essentially acts like the Lotus Principle does in international law, which states ‘everything not forbidden is allowed’. Since the law is silent, and does not prohibit it, then yes, they may limit firearms on their property.

Also, there was a case in 2002 where the Arizona Court of Appeals ruled that there is no constitutional provision preventing the city of Tucson from operating as a landlord and regulating firearms on its own property, specifically it’s own convention center. Thus supporting the concept that landlords can prohibit firearms on their own property (McMann v. City of Tucson).

Essentially, it’s their property, just like your home, they make the rules.

*This is provided as a Legal Information Resource and should not be treated as legal advice.