City Tenant’s Ban on Guns at the Property ≠ Second Amendment Violation

What Happened: A nonprofit ran a multi-day music festival on recreational space it leased from the city. Two attendees who purchased tickets to the event were denied entry because they were carrying guns in violation of music festival rules banning attendees from having weapons while inside the venue. After arguing briefly with police, they left the grounds. Not satisfied with just getting a refund, they sued the tenant and city for violating their Second Amendment rights and state law banning cities and towns from adopting or enforcing rules limiting the possession of firearms. They asked the court to issue an injunction barring the tenant from enforcing the no-weapons rule.

Ruling: The Idaho appeals court upheld the lower court’s ruling to deny the injunction.

Reasoning: The Second Amendment and state law barring firearms bans apply only to government agencies, the court explained. All the city did was lease the property. The lease didn’t say anything about firearms. It was the tenant that decided to implement the no-weapons rule. And as a private tenant, it had had every right to do so, according to the court, citing the “fundamental right” of a tenant “to govern those who come and go from its property, and what, if anything, they can bring with them.”

• Herndon v. City of Sandpoint, 2023 Ida. LEXIS 71