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Old 08-07-2013, 14:50   #1
Sdiver
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Join Date: Feb 2004
Location: The Black Hills of SD
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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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