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Thread: Castle Rock, Colorado renters told to toss guns or move out

  1. #1
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    Castle Rock, Colorado renters told to toss guns or move out

    "The manager at Oakwood Apartments in Castle Rock, Colo., sent a notice to renters last week advising them of the new rule banning all “firearms and weapons” from the premises, a local news station reported.
    [ ... ]
    "One legal analyst said courts tend to fall on the side of favoring landlords’ rights to impose “reasonable regulations” on renters. But the question is, he said, “Is an outright ban of firearms reasonable in light of the U.S. Constitution?”

    http://www.washingtontimes.com/news/...s-or-move-out/

    https://news.google.com/news/rtc?ncl...3ab56b10f15e58
    Last edited by Nightmare; 08-07-2013 at 02:06 PM.
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    Castle Rock apartment tenants told they must get rid of their guns

    http://www.9news.com/news/article/34...t-get-rid-guns

    CASTLE ROCK - Retired Marine Art Dorsch says his Second Amendment rights are in danger.

    His apartment complex, the Oakwood Apartments in Castle Rock, sent out a notice telling all residents to get rid of their guns.

    The 77-year-old retired US Marine Corps veteran sent a newstip to 9Wants to Know saying he's afraid he'll be homeless if he doesn't comply.

    The letter went out to residents on August 1 and says they have until October 1 to comply with updated "community policies."

    On page 2 is a brand new provision saying "firearms and weapons are prohibited."

    "It upsets me very much," Dorsch said.

    As of October 1, residents cannot display, use, or possess any firearms or weapons of any kind, anywhere on the property.

    I'm pretty sure they can't legally do that, but don't remember where I saw/heard the law/precedent for it. Anyone got anything on that which would apply to Colorado? TIA!

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    Also here: http://www.9news.com/news/article/34...t-get-rid-guns

    I posted this in GD before checking here, mods please feel free to lock mine.

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    Rental contracts, for one, to start with. Some states regulate rental contracts. IIRC, most recently discussed in the VA sub-forum.

    Colorado. Rev. Stat. §§ 38-12-101 to -104, -301 to -302
    Last edited by Nightmare; 08-07-2013 at 02:25 PM.
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    Sounds like discrimination to me....

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    Criminals must be loving this; a free robbing, raping, and crime zone for them to play in.

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    Jee wiz marine, ya don't have to cry about it .... ignore the rule...its not a law.

    Cannot wait until these idiot LLs piss off someone who is like 90 yrs old who does not care about jail time ...

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    Deja vu ?

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    Regular Member Fallschirmjäger's Avatar
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    Lord, what I wouldn't give to see the storm started if some apartment complex were to say "No Republican voters; vote Democrat or move out"... or even the reverse. S'far as I know, political affiliation isn't a 'protected status'... is it?

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    Regular Member Fallschirmjäger's Avatar
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    Lord, what I wouldn't give to see the storm started if some apartment complex were to say "No Republican voters; vote Democrat or move out"... or even the reverse. S'far as I know, political affiliation isn't a 'protected status'... is it?

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    Regular Member stealthyeliminator's Avatar
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    I think there are several angle for defense from this, but I sometimes wonder, isn't the rental agreement binding both ways? I mean, I guess they could have some nonsense clause about being able to change the terms willy nilly or evict you for no reason but outside of an extreme like that, seems like they wouldn't be able to change rules like this any more than they'd be able to double your rent in the middle of a lease term. Maybe they could say, you have to agree to this new policy or we won't renew your lease, but this? Surely it's not legal?

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    http://www.apartmentratings.com/rate...partments.html

    their ratings went down & nobody's answering their phone lines


    they say nothing about chemical or biological weapons though ...
    Last edited by davidmcbeth; 08-07-2013 at 04:42 PM.

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    My initial reaction to this poppy cock is - " QUE ARMAS ? - No Tengo no sticking armas ! " Been a landlord a few times................ since when has a tenant ever adhered to the terms of a lease agreement ? Seriously.

    My next thought would be Article 2, Section 13 of the Colorado Constitution saying something about " The right of no person to keep and bear arms in lawful defense of HOME, person, and property...........shall be called into question..............."

    Final thought is the rent just dropped at this "fashionable" Castle Rock ghetto.
    Last edited by rushcreek2; 08-07-2013 at 04:59 PM.

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    Quote Originally Posted by stealthyeliminator View Post
    I think there are several angle for defense from this, but I sometimes wonder, isn't the rental agreement binding both ways? ?
    Sure, a tenant could send them a letter saying that the laundry area is now also a shooting range ... it means nothing...the lease is the lease.

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    Colorado Statutes – Article 12 – Tenant and Landlord. Purpose to promote safety?

    38-12-214. Rules and regulations.

    (1) The management shall adopt written rules and regulations concerning all home owners' use and occupancy of the premises. Such rules and regulations are enforceable against a home owner only if:

    (a) Their purpose is to promote the convenience, safety, or welfare of the home owners, protect and preserve the premises from abusive use, or make a fair distribution of services and facilities held out for the home owners generally;

    (b) They are reasonably related to the purpose for which they are adopted;

    (c) They are not retaliatory or discriminatory in nature;

    (d) They are sufficiently explicit in prohibition, direction, or limitation of the home owner's conduct to fairly inform him of what he must or must not do to comply.
    http://www.tenant.net/Other_Areas/Colorado/crs/214.html
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    Regular Member mobiushky's Avatar
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    WAY more to it than this. Turns out the property is owned by Douglas County House Partnership which is a conglomeration of government agencies. The policy was not approved by DCHP, so they are not happy. Emergency meeting tomorrow to decide the fate.

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    I'll start making popcorn....


    Quote Originally Posted by mobiushky View Post
    WAY more to it than this. Turns out the property is owned by Douglas County House Partnership which is a conglomeration of government agencies. The policy was not approved by DCHP, so they are not happy. Emergency meeting tomorrow to decide the fate.

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    I bet the manager is looking for a new job tomorrow
    A gun Owner Is A Citizen
    Anyone Else is a Subject

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    Update

    http://www.9news.com/news/story.aspx?storyid=349123

    The housing authority has overrode the new rules.

    oh watch the video with this news story, especially the part where the reporter knocks on the office of the property management company...

    The Douglas County Housing Partnership, a multi-jurisdictional housing authority, held an emergency board of directors meeting late Wednesday afternoon.

    "These community policy changes were distributed without the knowledge or authorization of the Board of Directors of the Douglas County Housing Partnership or its staff," a Douglas County Housing Partnership release said. "This board does not support any action that infringes on an individual's rights and will not allow Ross Management to implement these changes.
    Last edited by EMNofSeattle; 08-07-2013 at 08:24 PM.
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    This has become a moot issue.

    This has become a moot issue. The owners of the property (federal and state government agencies) have told the management company that issued the new no-guns policy that they had no authority to do so and that the new policy will NOT go into effect.

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    Moderator / Administrator Grapeshot's Avatar
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    Quote Originally Posted by PavePusher View Post
    Also here: http://www.9news.com/news/article/34...t-get-rid-guns

    I posted this in GD before checking here, mods please feel free to lock mine.
    Actually you posted it in Hot Topics - merged it with this thread.

    Glad the issue is settled.
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    Regular Member RugarRev's Avatar
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    Huzzah!

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    Campaign Veteran since9's Avatar
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    Earlier today, I shared this brief with several key people, including the 9News reporter, Will Ripley, who broke the story.

    I'd like to think it helped.
    The First protects the Second, and the Second protects the First. Together, they protect the rest of our Bill of Rights and our United States Constitution, and help We the People protect ourselves in the spirit of our Declaration of Independence.

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    Quote Originally Posted by mobiushky View Post
    WAY more to it than this. Turns out the property is owned by Douglas County House Partnership which is a conglomeration of government agencies. The policy was not approved by DCHP, so they are not happy. Emergency meeting tomorrow to decide the fate.
    I knew my post would help !

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    This story really hit home.

    As you may recall, half a dozen local OCDO members helped me move (THANKS AGAIN!!!) to my current location after the last apartment complex tried pulling something similar, but within Colorado law, which allows either the landlord or the tenant to refuse to renew the lease without cause.1 After two years of being a good neighbor and paying my rent on time, my last apartment complex simply refused to renew my lease, for no other reason than the fact that I carry a firearm in a manner known as "open carry," which is visible to neighbors.

    If you're a landlord with people walking in the door wanting apartments, there's not a lot of skin of your nose with that move. Not much more than the typical refurbish at the two-year point, which takes a day or two. Because I kept my place well, polished it to a shine before I handed it over, and and had the carpets cleaned, it probably cost them all of $100. Even so, they still tried to stiff me with a $400 carpet cleaning charge! I fought it, and they lost.

    If you're a tenant, however, such a move will run you about $2,500, on average, including the time, effort, transportation, switching services, etc.

    So, naturally, I swung into this latest fiasco in Castle Rock with everything I had. I'm glad it worked out for the guy, too! I'm a retired veteran myself, and I thank The Marine for his service!

    1This law needs to change, not only in Colorado, but throughout the United States. I fully understand the law surrounding this issue. Part of my Bachelors of Science degree says "Business Law," and part of that includes real estate law. I've been both a landlord and tenant not only in multiple states, but in multiple countries. I get it. As a landlord, you do not want to be stuck with a bad tenant who's not paying their bills, not keeping their apartment clean and safe, or creating problems with neighbors. But when a landlord refuses to renew simply because a law-abiding tenant is exercising their Second Amendment right to keep and bear arms, that's wrong. With the help of OCDO members, I managed to move on the cheap, but even so, it cost me closer to $2k than $1k, while the landlords absorbed less than a $1k hit. In my mind, that MUST change. I ask all of you to hit me up with ideas which I might present to my legislature to fix this obvious oversight. Personally, I'm thinking of using the recent rulings in favor of the transgender kid who was forced to use a different bathroom... Sort of grasping at straws, here. Help me out!
    The First protects the Second, and the Second protects the First. Together, they protect the rest of our Bill of Rights and our United States Constitution, and help We the People protect ourselves in the spirit of our Declaration of Independence.

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