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OC in a private community?

FatboyCykes

Regular Member
Joined
Apr 3, 2009
Messages
942
Location
Warren, Michigan, USA
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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?
 

FatboyCykes

Regular Member
Joined
Apr 3, 2009
Messages
942
Location
Warren, Michigan, USA
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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.
 

malignity

Regular Member
Joined
Oct 9, 2008
Messages
1,101
Location
Warren, Michigan, USA
imported post

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.
 

cabman1

Regular Member
Joined
Apr 1, 2009
Messages
985
Location
Jackson , Michigan, USA
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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?
 

DrTodd

Michigan Moderator
Joined
Jun 20, 2008
Messages
3,272
Location
Hudsonville , Michigan, USA
imported post

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.
 

FatboyCykes

Regular Member
Joined
Apr 3, 2009
Messages
942
Location
Warren, Michigan, USA
imported post

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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