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

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.

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

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.

skidmark said:

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.

Click to expand...

Not much to add to that except +1

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.

Freeflight said:

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.

Click to expand...

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