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Open Carry on Community Property Confused

Whitney

Regular Member
Joined
Jan 12, 2010
Messages
435
Location
Poulsbo, Kitsap County, Washington, USA
I cannot seem to find reference to a previous discussion regarding community property as opposed to private or public property.
The community I live in accesses a private beach (recreational area) through a locked gate. If you pay dues annually a new gate combination is sent to you when changed. The recreational areas and general administration of the community is managed by elected members of a board. If this elected board decided to ban firearms from the community property (recreational areas) would it be lawful to open carry in this area as per the RCW ? Can such prohibitions be made in this manner?

~Whitney
 

j2l3

Regular Member
Joined
Aug 18, 2007
Messages
871
Location
Seattle, Washington, USA
Sounds like it would be private property and they can ban what they want. There would be no recourse in the RCW's if that were to happen unless they are funded with public funds or the board is elected by everyone in the city, not just dues paying memebrs. The dues are your clue. That implies a private "club" type of organization.
 

amlevin

Regular Member
Joined
Feb 16, 2007
Messages
5,937
Location
North of Seattle, Washington, USA
Definitely a "Private Property" issue. Only recourse is to make sure that those "elected" to the governing body for the community are reflecting the views of the entire community. I live in a "Community" that is governed by a Homeowner's Association. Because there is so little participation by the residents there is only a select group of "Board Members" that represent more their interests than those of the whole community. Unless everyone is active, and participates in the rule making activities of the community then you take what you get.

In the case of a "Community Park", the governing body can't make "Law" only policy. If you are a member of the community it will be hard for them to trespass you from what is essentially property that you have a legal interest in but they can Fine you for not following their rules.
 
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