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Thread: Need Some advice.

  1. #1
    Campaign Veteran Freeflight's Avatar
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    Need Some advice.

    Synopsis: Another Slip holder at my marina ran afoul of a Liberal over his open carry. Liberal has complained to the Marina manager about his open carry.

    The marina Manager confronted my friend and has informed him that he cannot carry a firearm. They backed off a bit and right now want my friend to Conceal it.

    But

    He is very concerned, his slip rent is paid up through the winter... and doesn't want to move and won't be disarmed either...

    a little background:

    I too have carried my firearms open at this marina for about 2 years, All the staff has seen me, My yacht is being repaired in the yard (Nice hefty sum too) They have never said anything to me.

    No where is this marina Posted.

    No Rules in the leases about Guns

    No rules in the rules list about guns.

    I have told them I intend to lease a Slip when the repairs are done... for my part, Me carrying a firearm is non-negotiable and I won't be disarmed. *period* and will not stay if they go anti on me. (It will hurt them to the tune of several thousands per year for me to move out.) and will even halt the work and cancel the work order if they become anti...

    I will be at the marina OC this weekend and for a 2 week vacation soon...(need an evil grin icon to insert here...)

    I will PM Dan and procure his services if need be, but what do you guys think...

    Can they retroactively change the rules and leases?

    I can't see how they can even begin to have a no firearm rule at a Marina with Live-Aboards...

    and for what it's worth us 10-15 firearm owners and CHP persons far exceed the 3 liberal whiners.... (insert another evil grin icon here)


    Freeflight.

    AKA David
    And what country can preserve its liberties, if its rulers are not warned from time to time that this people preserve the spirit of resistance? Let them take arms....The tree of liberty must be refreshed from time to time, with the blood of patriots and tyrants"

    Thomas Jefferson in a letter to William S. Smith in 1787. Taken from Jefferson, On Democracy 20, S. Padover ed., 1939

    Free Flight

  2. #2
    Regular Member OC for ME's Avatar
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    I would find out if the marina owners are in agreement with the marina manager then go from there.

    Though it seems that if the marina has vessels that are residences then they must accommodate the OCer whilst the citizen transits to his property. Not unlike a apartment complex.

    I suspect that the Virginians who post here are more familiar with "safe passage" laws and will be able to give you a definitive answer to your question.

    As always, your money, your decision.

    Good luck and keep us posted.
    "I would rather be exposed to the inconveniences attending too much liberty than to those attending too small a degree of it." - Thomas Jefferson.

    "Better that ten guilty persons escape, than that one innocent suffer" - English jurist William Blackstone.
    It is AFAIK original to me. Compromise is failure on the installment plan, particularly when dealing with so intractable an opponent as ignorance. - Nightmare

  3. #3
    Regular Member TFred's Avatar
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    It would probably be worth the money to hire a lawyer to write them a very nice letter about violating the terms of their lease. I remember Dan has posted a few times on here about when someone offers to sell you a product or a service, they cannot arbitrarily decline to provide that service, I would suspect even more so if you have a lease.

    Would also be rather amusing to record a conversation where you inform the owner that their accommodation of a couple of whiners is going to cost him many thousands of dollars, so he can choose which customer he wants to keep.

    Just random thoughts.

    TFred

  4. #4
    Campaign Veteran skidmark's Avatar
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    They cannot retroactively change the rules, but they can change them. Any change in a lease requires 30 days notice and should contain a "get out free" clause if you do not accept the terms (no early termination penalty, no liquidated damages for the space remaining vacant) and should (but probably won't) allow interest on any security deposit held less than the statutory minimum time.

    If you/your friend has the time, the money, and an ability to find a new marina/slip after going through all this (including a (most likely) very negative referral from the current marina) you could start legal proceedings to force them to not enforce any rule not on the lease when you signed it. Somehow the cost/benefit seems rather low.

    While I understand and support your personal values regarding self defense, you need to remember that you are dealing (currently and in the future) with private property owners. If they (all local marina owners/managers) decide that OC is not allowed, then where are you going to put your boat? Where are you going to get it worked on?

    If it's advice you want, I'd suggest you start out very non-confrontationally with finding out what the objection to OC seems to be and then how you might show that the objection is not so overwhelming. It's better to find out why and then collaboratively figure out how to overcome the objection than to go in "guns blazing" and draw a line in the sand that you really cannot afford to maintain.

    stay safe.
    "He'll regret it to his dying day....if ever he lives that long."----The Quiet Man

    Because stupidity isn't a race, and everybody can win.

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  5. #5
    Accomplished Advocate peter nap's Avatar
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    Quote Originally Posted by skidmark View Post
    They cannot retroactively change the rules, but they can change them. Any change in a lease requires 30 days notice and should contain a "get out free" clause if you do not accept the terms (no early termination penalty, no liquidated damages for the space remaining vacant) and should (but probably won't) allow interest on any security deposit held less than the statutory minimum time.

    If you/your friend has the time, the money, and an ability to find a new marina/slip after going through all this (including a (most likely) very negative referral from the current marina) you could start legal proceedings to force them to not enforce any rule not on the lease when you signed it. Somehow the cost/benefit seems rather low.

    While I understand and support your personal values regarding self defense, you need to remember that you are dealing (currently and in the future) with private property owners. If they (all local marina owners/managers) decide that OC is not allowed, then where are you going to put your boat? Where are you going to get it worked on?

    If it's advice you want, I'd suggest you start out very non-confrontationally with finding out what the objection to OC seems to be and then how you might show that the objection is not so overwhelming. It's better to find out why and then collaboratively figure out how to overcome the objection than to go in "guns blazing" and draw a line in the sand that you really cannot afford to maintain.

    stay safe.
    Not much to add to that except +1

  6. #6
    Campaign Veteran Freeflight's Avatar
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    Note to self: Remember to be nice first

    Thanks Guys.


    My Friend did contact the Owner and he is teachable

    I think all will work out.

    And no Gunz blazing or line drawing yet Maybe never.

    Freeflight.
    And what country can preserve its liberties, if its rulers are not warned from time to time that this people preserve the spirit of resistance? Let them take arms....The tree of liberty must be refreshed from time to time, with the blood of patriots and tyrants"

    Thomas Jefferson in a letter to William S. Smith in 1787. Taken from Jefferson, On Democracy 20, S. Padover ed., 1939

    Free Flight

  7. #7
    Accomplished Advocate peter nap's Avatar
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    Quote Originally Posted by Freeflight View Post
    Thanks Guys.


    My Friend did contact the Owner and he is teachable

    I think all will work out.

    And no Gunz blazing or line drawing yet Maybe never.

    Freeflight.
    That's always the best way. Not near a much fun, but much more productive!

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