The Law Firm of David G. Sigale, P.C. is pleased to report that the Tennessee Court of Appeals in Nashville has entered a judgment in favor of the Firm’s client in Braden v. Columbia Housing & Redevelopment Corp. The case was an appeal on behalf of a public housing resident who had been evicted when he was forced to defend himself against a home invasion with a firearm, the possession of which was a lease violation. The lower court upheld the eviction, ruling that the resident gave up his Second Amendment rights when he signed the public housing lease agreement.
The Court of Appeals, following in part the recent U.S. Supreme Court decision of New York Rifle & Pistol Ass’n. v. Bruen, held that the public housing authority had to respect the residents’ constitutional rights, and that the authority could not force the residents to give up those rights as a condition of accepting public housing. The Court also held that one’s home, even if owned by the government, was not a “sensitive place” where the government was allowed to restrict firearms. In rejecting this argument, the Court made a powerful statement that defense of one’s home, no matter who may own it, is one of the core rights of the Second Amendment.
Thanks to this ruling, Mr. Braden and other public housing residents in Tennessee will no longer suffer discrimination in exercising their Second Amendment rights due to being on public assistance. Constitutional rights do not depend on income level, as this ruling makes clear. Thank you to Second Amendment Foundation for its support, and local counsel Gene Hallworth of Columbia, Tennessee.
Second Amendment Foundation Article
The Law Firm of David G. Sigale, P.C. was founded to serve the legal needs of the Chicago metropolitan area. Mr. Sigale has counseled and represented corporate and individual clients across the United States and internationally. He believes in protecting Americans from improper attempts by the government to infringe upon their constitutional rights. His firm services clients in Cook, DuPage, Kane, Kendall and Will Counties, and as well as reviews matters in other locations on a case-by-case basis. Contact the firm for a consultation.
