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Old August 8th, 2013, 08:02 AM   #21
wave_crusher
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Originally Posted by gofastbobby View Post
http://www.examiner.com/article/colo...for-gun-owners


Residents of the Oakwood Apartments in Castle Rock, Colo., have until October 1 to get rid of their guns or they’ll have to move out, Will Ripley of NBC KUSA-TV 9News reported Tuesday.

A letter sent out to all tenants on August 1 has updated the “community policies” to state “firearms and weapons are prohibited,” and further stating “residents cannot display, use, or possess any firearms or weapons of any kind, anywhere on the property.”

The property management company, Ross Management Group (which displays "Equal Opportunity Housing" logos on its website), declined to comment to the media, Ripley reported, and the 9News legal analyst did not offer much hope for gun owners.

"The best thing this tenant can do is either move out or get rid of the guns,” Scott Robinson opined, adding “in most cases, courts have supported the rights of landlords to impose ‘reasonable regulations’ on tenants.”

How this could be construed as "reasonable" in any U.S. court, especially with the Supreme Court having specifically found a right to keep a gun in the home in two separate cases, is unclear, but this could be a case where a specific conflict between private property rights and the right of tenants to keep and bear arms is tested. And the video accompanying the 9News report indicates more such bans may be on the way.

If the prohibition was not a condition of the original lease, that may pose a problem for the landlord. Also, there are other rights where it has been ruled property owners have no lawful power to discriminate against in any contracts -- such as refusing to rent to someone based on race or religion.

It creates an interesting dilemma, because it divides believers in liberty along property rights lines. Even so, the ability of one party in a contract to unilaterally and retroactively change any and all terms and conditions of an existing agreement should trouble all.

In this case, Robinson’s advice may not be the best legal opinion to heed. Gun Rights Examiner will be reaching out to Second Amendment civil rights groups to see if they intend providing legal support to challenge this threat, as well as trying to identify specific individuals behind this ban, and if there are any additional individuals or groups acting the role of hidden hand behind them.


That's some darn good advice there. I bet that guy went through years of schooling to be able to come up with those highly thought out answers. Thank you John Madden
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Old August 8th, 2013, 08:50 AM   #22
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Originally Posted by muddinman56 View Post
I just read on their web site it's getting thrown out

http://m.9news.com/topstory/article?a=349123&f=1272
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Not so cut and dry huh Hancho?
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Old August 8th, 2013, 08:58 AM   #23
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Originally Posted by Bones View Post
It is private property... of the owner.

nothing like making your complex a target for theives. cripes.
but isn't the owner leasing it to the tenants?

EDIT:
"It's unconstitutional to prohibit the legal possession of a gun or a firearm on public housing property," a DHA spokesperson said.

and

Public housing gun bans have been challenged in a number of states. In several cases, outright gun bans have been more narrowly tailored to common areas, after a lawsuit was filed.

Last edited by swampjeep; August 8th, 2013 at 09:08 AM.
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Old August 8th, 2013, 09:35 AM   #24
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Originally Posted by Immortal View Post
Hancho is Rong!
Not so cut and dry huh Hancho?
Not necessarily wrong, it wasn't decided by the courts, it was decided by upper management.
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Old August 8th, 2013, 09:36 AM   #25
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Originally Posted by swampjeep View Post
but isn't the owner leasing it to the tenants?

EDIT:
"It's unconstitutional to prohibit the legal possession of a gun or a firearm on public housing property," a DHA spokesperson said.

and

Public housing gun bans have been challenged in a number of states. In several cases, outright gun bans have been more narrowly tailored to common areas, after a lawsuit was filed.
That's definitely an interesting point if this apartment is subsidized through MSHDA, a public agency.
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Old August 8th, 2013, 09:41 AM   #26
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Originally Posted by mtnbikinbryno View Post
Not necessarily wrong, it wasn't decided by the courts, it was decided by upper management.
Irregardless <-- of a court decisions, Hancho said.....


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Originally Posted by High Center Hancho View Post
Private property has the absolute right to decide if they will allow guns on their property, and nobody but the owners of that property can state otherwise. So if they say no guns, it's no guns, case closed.
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Old August 8th, 2013, 09:43 AM   #27
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Originally Posted by Immortal View Post
Hancho is Rong!
Not so cut and dry huh Hancho?
Your right it's not so cut and dry. While I a firm believer in the 2nd amendment, when your in a rental situation you have to be carful and read the fine print. However if the decide to make up new rules as they go and it's rules that violate your rights you should take action. With more case law hopefully law abiding gun owners will be included in the fair housing act.
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Old August 9th, 2013, 12:22 PM   #28
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Originally Posted by High Center Hancho View Post
During the duration of your lease a landlord may not enter your apartment without permission.
The apartment complex I worked for had a clause in the lease that said we could enter the apartment anytime managenent deemed neccesary. We tried to respect peoples right to privacy but there where instances where we had to enter apartments when nobody was home due to flooding coming from a 2nd floor unit. Also Farmington Hills required us to perform an annual inspection to verify fire extinguishers were charged and smoke detectors were fuctioning. We gave them notice but some people still tried to prevent us from entering until we showed them the clause in their lease.
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