can a community association forbid carry of fireamrs on community property?

[jengelh6471]

Originally Posted by ReconLdr

I know, moving sucks and is expensive... I would move at the earliest possible time. Especially since the OP doesn't own the house. It is a little easier for him to move than change the HOA rules. It is doubtfull the HOA would even listen to him since he is not a member.

IANAL, nor did I stay at a Holiday Inn Express last night.

I agree, he would have it a bit easier. I only wish I was a tenant. Would have been gone long time ago.

Good luck to the OP.

[ErSwnn]

Originally Posted by ReconLdr

I would move out of the HOA Community ASAP.

All in all living here isn't my first choice but it is where I found myself. It does have it's good points too. Pools, tennis, basketball, baseball, football, soccer, clubhouse, nice pond (5 acres). The school district is excellent (even if they did look at me like I was binladen for asking about a rifle team) and there are miles of woods here to wander and explore. Good woods too, not just a strip of trees. I don't have to worry about someone painting their house bizzare colors or letting their house become an eyesore. Might as well move to a block in Philly if I wanted that. The common grounds are always kept decent, roads maintained and sidewalks are always usable. It does stifle individuality to some extent but that is the trade-off for not having to deal with a hodge-podge of "designer" home exteriors. Ideally I want a house so far off the road I can mow my lawn naked and never get a complaint cause my neighbor is too far away and doesn't really give a damn anyway. So here I find myself awaiting the day the last kid goes away so I can vacate the premises, find that gravel driveway that disappears into the trees and start dragging project cars into my backyard. I'm gonna have a burnpit and leave my lawn mower wherever it ran out of gas till I feel like getting some more gas. Anyone coming down my driveway better know me or have an appointment otherwise I won't take kindly to their intrusion.

[Al-Mumit]

Originally Posted by twoguns

Of course, concealed carry who would know anyway?...unless/until I am forced to use the firearm. Then is it a matter of fight the bad guy first and then worry about the legal issues of carry in violation of the community covenants

Concealed means concealed. If you ended up having to use your firearm, would community bylaws even enter your mind? IMHO they'd be the least of your worries.

[gf45acp]

When are the HOA board elections?
Get like minded people together and vote out the existing board, or at least get some "good guys" on the board.

And as an observation, from what I have seen in most HOA's most of the people who live there get "0" involved in the board and committies unless something ticks them off. Not saying in this case, just in general. This allows 1% or less of the people to control the HOA.
In the HOA that I live in, the same 6 to 8 people come to all of the meetings (we have 1300 owners in the community). The board members outnumber the community members at almost every meeting. For the last 2 years we have barely had a quorum of community members to do business at the big yearly meeting. In 2008 we had to send people out to the pool to bring community members in to sign in so that the meeting could continue. Floating their asses in the pool was much more important than things like electing board members or approving the budget for the next year.
I work full time. I chair one committee, and am on 3 other standing ones. If I am going to give this HOA my money, I will have my say in all aspects of it's operation.
For anyone who lives in a HOA, if you are not involved in running it, then you have nothing to complain about. You got what you asked for.

[ErSwnn]

Originally Posted by gf45acp

When are the HOA board elections?
Get like minded people together and vote out the existing board, or at least get some "good guys" on the board.

And as an observation, from what I have seen in most HOA's most of the people who live there get "0" involved in the board and committies unless something ticks them off. Not saying in this case, just in general. This allows 1% or less of the people to control the HOA.
In the HOA that I live in, the same 6 to 8 people come to all of the meetings (we have 1300 owners in the community). The board members outnumber the community members at almost every meeting. For the last 2 years we have barely had a quorum of community members to do business at the big yearly meeting. In 2008 we had to send people out to the pool to bring community members in to sign in so that the meeting could continue. Floating their asses in the pool was much more important than things like electing board members or approving the budget for the next year.
I work full time. I chair one committee, and am on 3 other standing ones. If I am going to give this HOA my money, I will have my say in all aspects of it's operation.
For anyone who lives in a HOA, if you are not involved in running it, then you have nothing to complain about. You got what you asked for.

You are essentially correct, if you don't like what is going on, get involved. Or at the least express your opinion in person to the board, it's the only way they will know for sure what you think. I've had negative and positive experiences with our board. And sometimes you really don't like their decisions but so long as it is within the by-laws and meeting rules it stands. But I often take issue with personal opinions being the basis of a ruling. Such as gun bans. Often they aren't looking at the legalities or sensibilities of carrying but rather the popular opinion, or worse, their own opinion. Disabling people to achieve self-defense based on a board member's belief it's not needed or dangerous doesn't serve the community. This to me is a personal choice they should not be making for me. Which is why I don't adhere to it. I paint their color, put my trash where they say it should go, keep my cars registered, mow the lawn but they don't get to dictate my proaction towards my personal safety.

[lexnaturalis]

Originally Posted by twoguns

As an individual do I not have inalienable rights?

Life, liberty, and the pursuit of happiness? Sure.

So because I happen to be living here does not mean that I signed my rights away. I signed nothing.

Just because you didn't sign anything doesn't mean private property owners can't dictate to you. If a store owner forbids guns then you are trespassing if you knowingly carry a gun onto the property. No signature required.

That doesn't mean that in THIS case you are in trouble, but the mere lack of signature/contract doesn't automatically imply you can freely carry.

[lexnaturalis]

Originally Posted by LittleRedToyota

it's just well-established fact that the constitution only limits the government and not private parties.

What about prohibition?

[msquaredserver]

Ick.

This thread scares me. The private community I live in apparently just brought this up, and with 30-ish homes, there is just me and one other guy that even own firearms.

I hate it when people make me question whether or not I should "poke the beast" by carrying openly. Makes me feel like I have to hide the exercise of my rights.. even though their my rights.

Ick.

[LittleRedToyota]

Originally Posted by lexnaturalis

What about prohibition?

i'm not sure what you are getting at.

what about prohibition?

[twoguns]

as the original poster for this thread, I would like to thank all who put forward there advice and suggestions.

having said that, I stand most closely aligned with the views of ErSwnn. There seems to me to be little benefit in openly challenging this rule but what they don't know won't hurt them.....and I have an obligation to myself to do what is right, covenants or not.

At my age I pick the battles I will engage in. Some are not worth the effort and there is no point in trying to argue with ignorance.