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Thread: OC in a private community?

  1. #1
    Regular Member FatboyCykes's Avatar
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    I know this might depend more on the communities rules or contract, but during a conversation with a friend who lives in one of these communities, he posed the question.

    Since these people can dictate what color his garbage bags must me, might it be somewhere in their by-laws some anti gun garble, and if there is, would it be legal?

    I visited the site of his "community" and could not assertain the bylaws, just wondering if anyone else lives in one of these and has had any issues.

    I can't really see it being a problem, OCing for example, but as they, the house owners have to pay for road upkeep and snow removal might this not be considered public property, where the private property rules might take effect if they so decided to forbid guns or OC?

  2. #2
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    I beleave as long as he pays rent there its his property to they might be able to tell him he cant have it in the offices!!

  3. #3
    Regular Member FatboyCykes's Avatar
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    He actually has two mortgages, one on the property(lot) and one on the house, so they are both his w/o a doubt, I was wondering more about the sidewalks, or rather the streets as they don't really have sidewalks. Is it feasible that there may be a clause, or even if there isn't one, do they have the power to bar OCing within the community? Again, I know this might be in their by-laws, I'm just wondering if anyone has researched this due to theirs or somebody else's situation.

  4. #4
    Regular Member malignity's Avatar
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    If any place tells me that in my own home that I'm not allowed to have guns, you best believe I'll be moving the very next day. Screw that, you can't take the 2nd amendment right away from me in my own home.
    All opinions posted on opencarry.org are my own, and do not necessarily reflect the views of opencarry.org or Michigan Open Carry Inc.

  5. #5
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    I do believe he should be ok .Is it a community on a private street meaning the company that owns the place plows it?Or does the city take car of it?

  6. #6
    Michigan Moderator DrTodd's Avatar
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    Check the agreement and or by-laws. Generally, you can give up rights by contract, so any restriction is probably legal. Such agreements are usually applicable to the "common areas" such as roads, sidewalk, etc. I have seen restrictions on use of a firearm, but never the mere possession.
    Giving up our liberties for safety is the one sure way to let the violent among us win.

    "Though defensive violence will always be a 'sad necessity' in the eyes of men of principle, it would be still more unfortunate if wrongdoers should dominate just men." -Saint Augustine

    Disclaimer I am not a lawyer! Please do not consider anything you read from me to be legal advice.

  7. #7
    Regular Member FatboyCykes's Avatar
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    That's my feeling on it Dr. T. Yea Cabman, they pay to have the streets maintained, privately. And I agree Mal, but I think we all agree, that in the home or on his property is no issue, but like Dr. T. said, I think, in the common areas, if they wanted to, they would have the authority to restrict his rights, by contract of course. I'd find it hard to believe that is something they'd concern themselves with, but if enough people in the association complained... Just wondering, thanks guys.

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