CO. Apt. Bans Guns

Started by Steve4102, August 07 2013 08:27:53 AM MDT

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Steve4102

  A Colorado Apt complex has told it's residents to get rid of the guns or get out.  This of course will do nothing but leaves these people defenseless sitting ducks.

http://www.theblaze.com/stories/2013/08/07/colorado-apartment-building-tells-tenants-they-have-to-get-rid-of-their-guns-or-leave/

Intercooler


Steve4102

Quote from: Intercooler on August 07 2013 09:24:00 AM MDT
How will they know?

It's all over the local news.  Maybe a sign on the doors as well.

Intercooler

I mean that you have any guns?

pacapcop

What if a cop lived there? So it's ok for law enforcement.Sure it will,but those pesky others/sarc. No diff in carve outs put into gun legislation. Divide and conquer. Domicile protection will prevail on this, if it's fought.

Mr. AR50

I was born and raised in Colorado. Been here almost 50 years, and I can't believe how fast the liberals have destroyed this once great state. It's time to secede- North Colorado, the 51st State!
"They who can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety."
Benjamin Franklin

pacapcop

One day,hopefully when I'm dead and gone,the entire country will be blue states.

Steve4102

Quote from: pacapcop on August 07 2013 11:40:25 AM MDT
One day,hopefully when I'm dead and gone,the entire country will be blue states.

Only if Blue means Socialist!

DenStinett

Could this be considered Rent Discrimination ?   :o
So tell me again how Trump was worse then the 8 years before .... AND what came after HIM !

Ramjet

Seems to me that a court battle is brewing this also means the owners and managers of the apartments have the full responsibility for the protection of the tennets. If a tennent was injured or victim of crime on the premises then they should sue the crap out of that apartment building owners and management.

Too much left coast influence in Co.

pacapcop

Ramjet, spot on. They are obligated.

pacapcop

That's my point Steve4102. Even the Red States are being infiltrated by Californians and Lib Tards. Maybe not all Californians but the vast majority. Then we got the other side, East Coast wankers.

Oreo

The problem is that the contract is entered voluntarily. You can agree to give up your right to possess a gun just the same way you can give up your right to remain silent or your protection against unreasonable search. The apartment complex is privately owned and the property / business owner should have the right to do business on his terms on his own property. Most apartment complexes and HOAs also limit free speach by restricting the types of signage that can be posted by the residents. Its all in the contract the residents voluntarily sign before moving in. If you don't like the terms don't sign the contact and find another landlord to do business with.

IMO that also dispenses with the duty to protect / liability claims because it is a private party contract. The duty to protect applies (imo) to government because dealing with the government is mandatory and the government is directly bound by the bill of rights (or used to be.)

Steve4102

  Landlords can require or deny a lot of things from their tenants, things like pets, noise, putting holes in walls, water beds, etc.   These do's and don'ts are allowed as their purpose is to protect the Property.

  There is also something called "Quiet Enjoyment and Possession", where the tenants actions or personal Property will neither make the property unfit for re-letting or cause demise or deterioration to the structure?
  I would think owning a Legal firearm would fall under this protection.

http://www.contractstandards.com/document-checklists/lease-agreement-analysis/quiet-enjoyment

  Anyhow it doesn't matter to the residents of this complex as the policy has been dropped.

http://www.9news.com/rss/article/349123/339/Apartments-firearm-policy-thrown-out


REDLINE

The story said; KUSA legal analyst Scott Robinson said courts have generally supported landlords' rights to impose "reasonable regulations" on their tenants.

"The question is: is an outright ban of firearms reasonable in light of the U.S. Constitution?" Robinson told KUSA.


That's really what it comes down to.  I'm not a lawyer, but a few thoughts come to mind:

The ex-US Marine in the story already lives there and has had his guns there before the apartment management came up with the new anti-gun orders.  He already in the past signed a contract that didn't not allow guns.  I don't know what the lease terms are or what clauses may be in the lease allowing for future changes to it.  Anyway, depending on how everything is, maybe he would have a case on related grounds.

This is his home.  In our home, rented, leased, or owned, we have certain rights by law by various levels of gov't, that some landlord of an apartment complex can't necessarily take away or add.  The apartment management can make up any bogus claim they want but it doesn't mean they are legal in doing so.  In regard to pets, sure, there is no right to have a pet, therefore than can tell you you can't have pets.  But if they banned clothing, there are all kinds of laws at many gov't levels that wouldn't stand for it, and the apartment management wouldn't be allowed to ban clothing (I'm assuming people are legally expected to wear clothes in CO.  ;D).

Many things are allowed by law in your dwelling place that aren't necessarily allowed elsewhere, regardless if you rent, lease, or own.

Anyway, just some thoughts.  The courts are there to sort it all out.  I honestly doubt the Apartment management has grounds to stand on.  Though they would get away with it regardless if no one takes a stand against it whether it's legal or not.
Gun Control?  Oh yes, the theory that becoming a victim is somehow morally superior to defending yourself & your family.  Makes perfect sense.