08-07-2013, 14:50
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#1
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Area Commander
Join Date: Feb 2004
Location: The Black Hills of SD
Posts: 5,944
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Apartment complex orders residents to either give up their guns or move
This is going to be an interesting story to follow.
Seems there is an apt. complex in Castle Rock CO, that sent out a letter to its residents stating they have until October 1st to either get rid of all their "Firearms and Weapons" or move from the complex.
The legal analysts of the various news stations running this story state that the complex is well within its right to do so. I'd be interested in hearing from the legal beagles of the board here, to get their take on this.
There's already a few people who have stepped forward to help this gent out with his legal battle "pro bono".
Quote:
Castle Rock apartment tenants told they must get rid of their guns
CASTLE ROCK - Retired Marine Art Dorsch says his Second Amendment rights are in danger.
His apartment complex, the Oakwood Apartments in Castle Rock, sent out a notice telling all residents to get rid of their guns.
The 77-year-old retired US Marine Corps veteran sent a newstip to 9Wants to Know saying he's afraid he'll be homeless if he doesn't comply.
The letter went out to residents on August 1 and says they have until October 1 to comply with updated "community policies."
On page 2 is a brand new provision saying "firearms and weapons are prohibited."
"It upsets me very much," Dorsch said.
As of October 1, residents cannot display, use, or possess any firearms or weapons of any kind, anywhere on the property.
"I'm a hunter. I'm a licensed conceal and carry person," Dorsch said.
Dorsch says the guns, which he keeps securely locked in a safe, make him feel secure in his home.
"They want to take them all away from me. They say I can't live here," he said.
Dorsh says apartment managers told him to give up the guns and stay, give notice and move out voluntarily, or be forced to move out if he doesn't comply with the new policy.
Nobody answered the door at the apartment office on Tuesday afternoon.
When reached by phone, Brooke Young, Ross Management Group regional manager, said "It's our policy not to comment to the news media," before hanging up.
"The best thing this tenant can do is either move out or get rid of the guns," 9NEWS legal analyst Scott Robinson said.
Robinson says, in most cases, courts have supported the rights of landlords to impose "reasonable regulations" on tenants.
"The question is: is an outright ban of firearms reasonable in light of the US Constitution?" Robinson said.
Dorsch says the issue goes beyond the Second Amendment.
"I'm vulnerable. I'm not safe," Dorsch said.
If he loses his guns, Dorsch says he loses so much more.
"My freedom," Dorsch said. "Yeah it's emotional. Because I don't think it's fair."
Dorsch says he barely has enough money to live, never mind hire a lawyer.
So, if he's not able to fight the new rules, he says he'll have no choice but to leave his guns with a friend who lives 30 miles away.
He hopes he'll still be able to go hunting, as he has every year since 1953.
http://www.9news.com/rss/story.aspx?storyid=348974
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Sdiver is offline
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08-07-2013, 14:58
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#2
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Guerrilla
Join Date: Aug 2006
Location: Western WI
Posts: 176
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1) Is there a clause in the contract that allows a landlord to adjust it as they see fit? Seems like the tenant signed a contract, and should have until the end of his lease. From there the landlord can choose not to renew, and the tenant has ample time to look for another place.
2) How is "weapons of any kind" defined? Boxcutter, nail clipper, chain saw, butcher knife, frying pan... Is there a standard legal definition for that in CO?
edit to follow up 2)
:18-1-901. Definitions. (3) (e) "Deadly weapon" means A
5 FIREARM, WHETHER LOADED OR UNLOADED, AND any of the following
6 which in the manner it is used or intended to be used is capable of
7 producing death or serious bodily injury:
8 (I) A firearm, whether loaded or unloaded;
9 (II) A knife;
10 (III) A bludgeon; or
11 (IV) Any other weapon, device, instrument, material, or
12 substance, whether animate or inanimate.
http://www.leg.state.co.us/clics/cli...le=1043_01.pdf
Not sure if this got passed. Still seems pretty vague and can allow for many objects or "materials"
Last edited by Rumblyguts; 08-07-2013 at 15:06.
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Rumblyguts is offline
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08-07-2013, 15:15
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#3
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Area Commander
Join Date: May 2011
Location: New Zealand
Posts: 1,423
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It will be interesting to compile crime statistics by address for things such as B&E for this building in a year or two's time.
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Flagg is offline
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08-07-2013, 17:21
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#4
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Quiet Professional
Join Date: Sep 2010
Location: Italy
Posts: 1,989
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How would they even know unless you admit to it?
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sinjefe is offline
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08-07-2013, 18:50
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#5
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Quiet Professional
Join Date: Jan 2004
Location: Free Pineland
Posts: 24,822
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Let them evict him, and then sue everyone involved.
Don't make it easy on the bastards.
The NRA, SAF, etc. need to hear about this.
TR
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The Reaper is offline
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08-07-2013, 20:33
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#6
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Area Commander
Join Date: Feb 2009
Location: Clay House Stuttgart, Germany
Posts: 2,675
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I hope this isn't the begining of a new trend in this country. I would have expected something like this to happen in a state or states other than Colorado.
I hope he receives some excellent legal representation.
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mojaveman is offline
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08-07-2013, 21:34
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#7
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Area Commander
Join Date: Nov 2005
Location: Cochise Co., AZ
Posts: 6,204
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Quote:
Originally Posted by sinjefe
How would they even know unless you admit to it?
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I was actually in Castle Rock when I heard this on the radio this afternoon. He's an avid hunter, so it's a bit difficult to keep them secret. He said that he would have a friend of his keep them for him. But, doesn't that break an actual (new) CO law?
Pat
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PSM is offline
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08-07-2013, 22:23
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#8
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Quiet Professional
Join Date: Nov 2011
Location: Location, Location
Posts: 4,082
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Quote:
Originally Posted by PSM
I was actually in Castle Rock when I heard this on the radio this afternoon. He's an avid hunter, so it's a bit difficult to keep them secret. He said that he would have a friend of his keep them for him. But, doesn't that break an actual (new) CO law?
Pat
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Yup - requires a background check on both parties every time they transfer the weapons.
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It's Never Crowded Along the Extra Mile - Wayne Dyer
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MR2 is offline
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08-08-2013, 04:30
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#9
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Asset
Join Date: Jan 2013
Location: West Knoxville, Tennessee
Posts: 22
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Overruled
Just saw that the Board of Directors who run the housing complex have overruled the policy. Claim they weren't consulted and don't approve.
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“War is an ugly thing, but not the ugliest of things. The decayed and degraded state of moral and patriotic feeling which thinks that nothing is worth war is much worse. The person who has nothing for which he is willing to fight, nothing which is more important than his own personal safety, is a miserable creature and has no chance of being free unless made and kept so by the exertions of better men than himself.”
John Stuart Mill
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gwbarnes is offline
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08-08-2013, 05:43
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#10
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Guerrilla
Join Date: Apr 2006
Location: Phoenix, AZ
Posts: 312
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Who owns weapons? I lost all mine in a horrible boating accident...
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Irishsquid is offline
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08-08-2013, 06:08
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#11
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Quiet Professional
Join Date: Sep 2006
Location: Wilson,NC
Posts: 1,506
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http://www.9news.com/news/local/arti...icy-thrown-out
Notice the owners of the management company are Obama (or at least Democrat) contributers.
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R.D. Winters
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rdret1 is offline
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08-08-2013, 08:55
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#12
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Quiet Professional
Join Date: Apr 2008
Location: Georgetown, SC
Posts: 4,204
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Quote:
Originally Posted by Irishsquid
Who owns weapons? I lost all mine in a horrible boating accident...
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Was this is? Did the USCG come after and sink your weaponized vessel?
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Last edited by ZonieDiver; 08-08-2013 at 08:55.
Reason: add smiley
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ZonieDiver is offline
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08-08-2013, 10:10
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#13
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Area Commander
Join Date: Jan 2004
Location: Buckingham, Pa.
Posts: 1,746
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What would happen if the apartment complex banned Korans and prayer rugs?
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rubberneck is offline
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08-08-2013, 12:09
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#14
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Quiet Professional
Join Date: Nov 2011
Location: Location, Location
Posts: 4,082
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It's not the Koreans - it's that damn Kim Che! WMD if there ever was.
__________________
The two most powerful warriors are patience and time - Leo Tolstoy
It's Never Crowded Along the Extra Mile - Wayne Dyer
WOKE = Willfully Overlooking Known Evil
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MR2 is offline
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08-08-2013, 12:30
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#15
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Area Commander
Join Date: Feb 2004
Location: The Black Hills of SD
Posts: 5,944
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Quote:
Originally Posted by MR2
It's not the Koreans - it's that damn Kim Che! WMD if there ever was.
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*SIGH* .... :facepalm:
Been channeling Emily Litella again I see.
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