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Fester
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Post subject: Leased property rules: NO FIREARMS Posted: Mon Apr 16, 2012 8:53 pm |
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Joined: Thu Mar 22, 2012 3:37 pm Posts: 21 Location: Illinois
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Hello everyone, I just wanted to get everyone's opinion on this topic.
Background; My wife and I lived in a house owned by a relative, who said the house was paid off, we could live there and all we would have to pay is the utilities. Long story short, the relative started sending us bills for everything, basically bleeding us dry. So we were forced to move on short notice.
We ended up in a manufactured home park (we're rich though, we live in a double widen, Lol). When we first moved there we did not own a gun, so the No firearms rule didn't really apply. Now we work for a County Sheriff and we were required to purchase a gun to go through the police academy. I now own a marlin semi-automatic 22LR, a Glock 40 S&W, and 2 AR-15's (a Bravo Company and a Spike's Tactical that is still on order). My Wife recently reminded me about our lease where it states no firearms are allowed. We OWN our house, we just lease the property.
Can a non-government group really take away my 2nd amendment rights? I could see it if it was their house, but it's not it's my house. They have so many rules it just pisses me off. We have the "Lawn Nazis" (because they write you up for dandelions or grass that is too high "In their opinion") that come around each week and inspect for things we are not allowed to have like: no kiddie pools, no basketball hoops, no fire pit, no shepherds hooks in the ground for hanging planters and if you plant a tree or flower or shrub it automatically becomes their property. If you put your garbage cans out too early it's a $75.00 fine, leave them out too late it's another $75.00 fine. Have garbage bags that won't fit in your garbage can, it's a $75.00 fine per bag! Lawn too high in their opinion? $75.00 for them to cut it.
Moving is not an option at this point in time, but the more I think about the no firearms rule the more it pissed me off. Granted, they will never be allowed inside my house to see my guns, but the "Lawn Nazis" inspect at any time, so it is nothing to come out your front door and they are in your yard writing you up for God knows what each week. So if I have a gun case in my hand they could become suspicious. But by not allowing me to exercise my 2nd amendment right they are basically saying they will protect me, and they won't. The crime is so bad around us that I had to buy a security system with 8 cameras and place them all around my house. No nobody messes with our house, but they still target other people on our street.
So basically can they impede on my 2nd amendment rights if I own my house but lease their property? I really want to report this to some gun rights group and have them run with it, but don't know who to contact yet.
Thanks for your input!!
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hypnosis4u2nv
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Post subject: Re: Leased property rules: NO FIREARMS Posted: Mon Apr 16, 2012 11:40 pm |
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Joined: Wed Feb 08, 2012 11:02 pm Posts: 211
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Once you become a law enforcement official (graduate the academy), it's not about your 2nd Amendment but your duty to have firearms..
Can they restrict firearms on their property? It's the same as properties with NO PETS restrictions.. But the rule becomes void if you have a service animal like a dog for the blind.. In the same way, your law enforcement employment now nullified that clause in your leader because I assume your department, much like mine, requires you to carry your firearm off duty except in certain situations..
Seems they put that restriction on firearms to keep people from shooting the Lawn Nazis..
Sent from my Commodore 64.. READY. load"*",8,1
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Nater
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Post subject: Re: Leased property rules: NO FIREARMS Posted: Tue Apr 17, 2012 10:40 am |
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Joined: Fri Jul 15, 2011 12:25 am Posts: 16
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hypnosis4u2nv wrote: Once you become a law enforcement official (graduate the academy), it's not about your 2nd Amendment but your duty to have firearms..
Can they restrict firearms on their property? It's the same as properties with NO PETS restrictions.. But the rule becomes void if you have a service animal like a dog for the blind.. In the same way, your law enforcement employment now nullified that clause in your leader because I assume your department, much like mine, requires you to carry your firearm off duty except in certain situations..
Seems they put that restriction on firearms to keep people from shooting the Lawn Nazis..
Sent from my Commodore 64.. READY. load"*",8,1 Technically that is probably not true. Just because he is in Law Enforcement doesn't preclude him from this Lease agreement unless otherwise stated in said lease. The "No Firearms" rule is to cover their ass in case you have to use said firearms they cannot be held legally liable for damage to the apartment(s)/ other trailers and they reserve the right to evict you and sue you in civil court for damages, etc. I am not a real estate lawyer or agent so I don't know the laws in your area, but I do live in an apartment where they say "No Firearms" to which I say "F you" as it is an open community with out any security. We do have a few LEOs that live there with their weapons just fine. Now you could gamble and ask them up front, but that alone could allow them to evict you if you identify yourself. They have no legal responsibility to honor the your LEO status like they do for a disabled person requiring an animal assistant. You should probably have a LEO friend call them and feign interest in moving there and have him/her question their "No Firearms" policy in regard to LEOs, etc. You can make a decision from there if you want them to know. I'd also suggest that if they allow you to have firearms now that you are LEO, make them put it in writing and have a few copies for yourself. CYA.
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JaxChris
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Post subject: Re: Leased property rules: NO FIREARMS Posted: Wed Apr 18, 2012 1:35 am |
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Joined: Mon Dec 06, 2010 7:26 pm Posts: 2838 Location: Florida
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It truly comes down to your states laws. And since you live in Illinois, you like have zero protection for your core rights -- especially your 2A rights.
In Florida, the state constitution permits all non-felon citizens to own firearms and combined with Castle Doctrine can be argued that no landlord can violate or limit your 2A rights. The only limits people can place on your ownership of firearms is where you are allowed to have them. If you have your CWL, then you are allowed to own and carry everything except for government buildings, schools, places of nuisance, and establishments that primary revenue stream is the sales and consumption of alcohol. But we also have Inn Keeper rights (except for smoking, bored housewives ruined that one) that all for a business owner to post no firearms wanted on their property. It is not a felony if you do not comply, but you will be removed for violating their rights. Your work can ban firearms on property, but if you are a CWL holder, then we have specific rules that protect your right to at least keep it in your vehicle on their property -- as your vehicle is an extension of your home and personal domain in the state of Florida.
Even if there are laws to protect your rights, some places say "screw that" and wish to enact control anyhow. It comes down to whether your state is red or blue, if you expect them to back you up on those laws. Bringing a firearm related case up in an Illinois court is practically hopeless to get a judge on your side. That state is so blue their balls fell off.
You should check with a local real estate attorney that is a registered republican in your state to find out if deed restrictions can be enforced within a citizens personal domain (inside their home) or whether it stops at the exterior of the structure. If they answer is restrictions do not extend to the interior of your home, then you ask whether a community can violate the state bill of rights by placing a firearm restriction within your home.
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hypnosis4u2nv
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Post subject: Re: Leased property rules: NO FIREARMS Posted: Wed Apr 18, 2012 7:44 am |
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Joined: Wed Feb 08, 2012 11:02 pm Posts: 211
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Here in NY, another smurf state, as a law enforcement officer I am required to carry even off-duty. Even though I punch out at the end of the day, I'm still active. Although not in the sense of doing full duty police work, but as an observer and reporter while taking action when only absolutely necessary.
These gun restrictions on properties don't apply to responding law enforcement officers who enter said properties, then they shouldn't apply to you.
The managing agent for the property has to be one real scumbag if they deny you the ability to have firearms on their property even after they have sufficient evidence to determine your law enforcement.
With that said, get out of Dodge and escape the clutches of the Lawn Nazis!
Sent from my Commodore 64.. READY. load"*",8,1
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Fester
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Post subject: Re: Leased property rules: NO FIREARMS Posted: Wed Apr 18, 2012 8:23 am |
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Joined: Thu Mar 22, 2012 3:37 pm Posts: 21 Location: Illinois
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Thanks for the responses everyone, I truly HATE this state and not just because the 2nd amendment means nothing to them but also because it is one of the most corrupt states there is!
If it weren't for the current job situation in this country and the fact that I make very good money, I would've left this state by the end of this year. But with just getting a raise last month it's really hard to leave this kind of money. But if Illinois doesn't play nice with concealed carry soon (and I don't think they will), then Wisconsin is only 10 minutes away and I'll move in heart beat!!
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hypnosis4u2nv
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Post subject: Re: Leased property rules: NO FIREARMS Posted: Wed Apr 18, 2012 9:49 am |
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Joined: Wed Feb 08, 2012 11:02 pm Posts: 211
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Unfortunately for me, I'm surrounded by States with tough gun control laws and my employer limits my residency to the surrounding counties within my State..
Sent from my Commodore 64.. READY. load"*",8,1
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