The "PROTECT the Second Amendment Act" ensures residents of federally assisted housing can possess firearms legally within their homes and common areas, protecting their Second Amendment rights.
Randy Feenstra
Representative
IA-4
The "PROTECT the Second Amendment Act" ensures that residents of federally assisted rental housing are not prohibited from lawfully possessing firearms within their dwelling or while transporting them in common areas. This applies to housing programs administered by the Department of Housing and Urban Development and the Department of Agriculture. The bill aims to protect the Second Amendment rights of tenants in federally subsidized housing.
PROTECT Act Aims to Bar Firearm Restrictions in Federally Assisted Housing
This bill, officially the "Preserving Rights Of Tenants by Ensuring Compliance To the Second Amendment Act" or "PROTECT the Second Amendment Act," steps into the intersection of housing policy and gun rights. Its main goal is to prevent landlords or housing authorities managing federally assisted rental properties from prohibiting residents who lawfully possess firearms from keeping them within their homes. This protection also extends to common areas, like hallways or lobbies, but only when the resident is transporting the firearm directly to or from their own unit.
Where Does This Apply?
The legislation casts a wide net, covering a significant range of housing programs backed by federal dollars. If you live in public housing (under the Housing Act of 1937), use a Section 8 voucher, or reside in properties funded by programs like the HOME Investment Partnerships, Housing Trust Fund, supportive housing for persons with disabilities (Section 811), AIDS Housing Opportunities (HOPWA), Native American or Native Hawaiian housing programs, or USDA rural rental housing (under Title V of the Housing Act of 1949), this bill would apply to you. Essentially, Section 2 aims to ensure that living in housing supported by these federal programs doesn't mean forfeiting the right to lawful firearm ownership within your home.
Balancing Rights and Resident Safety
For tenants who legally own firearms, this bill reinforces their Second Amendment rights, ensuring their housing status doesn't become a barrier to ownership for self-defense or sport. Imagine a resident in a rural USDA-assisted property who legally owns a hunting rifle – under this bill, their lease couldn't prohibit them from keeping it secured in their apartment. However, the bill also raises practical questions for multi-unit living. While it protects transport through common areas, it doesn't specify rules around how firearms must be transported (e.g., cased, unloaded). This could create challenges for property managers trying to maintain safety and comfort for all residents, particularly in densely populated buildings where neighbors might have differing views or concerns about the presence of firearms, even if lawfully possessed and transported.