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Can Oregon Owners Associations make gun laws?(they think they can)

Discussion in 'Legal & Political Archive' started by jjackffrost, Aug 19, 2013.

  1. jjackffrost

    jjackffrost central oregon Active Member

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    Can Oregon Owners Associations make gun laws, like no hunting or fishing or discharging firearms?
    “Except as expressly authorized by state statute, the authority to regulate in any matter whatsoever the sale, acquisition, transfer, ownership, possession, storage, transportation or use of firearms or any element relating to firearms and components thereof, including ammunition, is vested solely in the Legislative Assembly.”
     
  2. DieselScout

    DieselScout S Clackamas County Well-Known Member

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    Are they the property owners? Are said regulations in a use agreement you've already signed?
     
  3. Dunerunner

    Dunerunner You'll Never Know Well-Known Member

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    No, as a home owners association they cannot, in my opinion, create bylaws restricting a Constitutionally guaranteed right. That said, it does not prevent them from including it in an agreement that you are required to sign in order to purchase a home in a given sub-division. I would think, though that that would somehow come under the fair housing laws.

    I am not a lawyer, but I am only a few blocks from a Holiday Inn. It would make for an interesting challenge in court. Denied the right to purchase a home because you exercise a Constitutionally provided right to bear arms.
     
  4. deen_ad

    deen_ad Vancouver, WA Well-Known Member

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    That's coming in the next version of Obamacare along with confiscation without compensation of your tobacco, firearms and ammo.
     
  5. U201491

    U201491 Well-Known Member

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    :):):)
    I can see all H breaking loose on this one. Stay calm folks :)
    Keep your sight alignment tight.
    _______________________________
    At my age I shoot forward a lot better than I run backward.
    Rearward movement is only used for a forward Advantage and better sight alignment !
     
  6. Stomper

    Stomper Oceania Rising White Is The New Brown Silver Supporter

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    Point and shoot... Point and shoot.
     
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  7. U201491

    U201491 Well-Known Member

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    Sight alignment, sight alignment 2 for one :D
     
  8. Stomper

    Stomper Oceania Rising White Is The New Brown Silver Supporter

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    Reflex, reflex... Three for free! ;)
     
  9. Sturmhimmel

    Sturmhimmel Lynnwood New Member

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    If they receive government funding in any way shape or form, they can not restrict rights. As a bonus, you cannot legally sign your rights away, that's why they're called rights and not privileges. So even if you signed an agreement stating you would not have firearms, they cannot legally enforce it. And if they tried to get the authorities to confiscate them, they'd be subject to eminent domain and would therefore have to give fair market value. So add that to the impending lawsuit, it would yield quite the return.
     
  10. U201491

    U201491 Well-Known Member

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    Ahhh hell, I want an Ontos. 8 recoilesses and a 50
     
  11. LProf

    LProf Oregon Member

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    Well, can I prevent hunting, fishing and the discharge of a firearm on my property?

    If I invite you to my house for a social occasion, can I tell you that you can't bring your handgun with you because I don't permit guns in my house?
     
  12. RVTECH

    RVTECH LaPine Well-Known Member

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    You are painting with a broad brush here. Do you have any particular homeowner assoc. in mind here? While I certainly understand and agree with the gun ownership or possession rule being unenforceable I can understand a no hunting or discharge rule (not law) in a CC&R mandated housing area.
     
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  13. deen_ad

    deen_ad Vancouver, WA Well-Known Member

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    The HOA's do have a lot of legal authority. Just ask those that have run afoul of the HOA regulations. Some have had their homes seized for non-payment of assessments. You sign a binding contract to join. Now, as to whether that can include limiting gun ownership, I'm not sure. Might have to go to court to fight it, you lose you get to pay their legal bills too.


    Deen
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    "A gun is like a parachute. If you need one and don't have it, you'll probably never need one again!"
     
  14. RVTECH

    RVTECH LaPine Well-Known Member

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    Very true (not my experience but I know those who have) At the same time however HOAs are typically only as solid as their base of homeowners and how well they carry out their legal commitments to them. A good example was with Black Butte Ranch several years ago when the HOA was not making good on their obligations and the home owners stopped paying their dues to 'break' the HOA. If I recall it all came down to the homeowners ultimately having the upper hand because they in fact had mortgages and property taxes or owned the property outright and that carried the weight of legal ownership - HOAs DO NOT trump legal properly ownership in a push come to shove scenario. I recall it was quite the local news story for a while.
     
  15. Redcap

    Redcap Lewis County, WA Well-Known Member

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    You can say anything you want. Don't mean someone will listen or you will know if they are carrying.
     
  16. deen_ad

    deen_ad Vancouver, WA Well-Known Member

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    Might be true in OR but not in other areas. But yes, the question was about Oregon.
     
  17. LProf

    LProf Oregon Member

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    Very interesting question. Does "shall not be infringed" mean by the government or by anyone?

    I believe that a business owner can post a "no guns allowed" sign, which is lawful, and I think the same is true for property I may own. If I am wrong on this, I will be happy to stand corrected.

    So, if before I move into a deed restricted home owners association community, I agree to a no guns provision in the by-laws, why isn't it enforceable?
     
  18. LProf

    LProf Oregon Member

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    Of course, but my question is whether it is lawful for me to do so.
     
  19. osterr1999

    osterr1999 Silverton, OR Active Member

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    You have the right to restrict those with firearms from your property.
     
  20. ZigZagZeke

    ZigZagZeke Eugene Silver Supporter Silver Supporter 2015 Volunteer

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    I am a past president of two large HOA's. It normally would take a unanimous vote of the members to change the CC&Rs to add a new restriction. You cannot retroactively impose a restriction on a property owner, even if a majority votes to do so. Also, when push comes to shove, all of the restrictions I have heard of that violated a citizen's constitutional rights have been declared unenforceable. Where most HOA's run into trouble is uniform enforcement of the CC&Rs. If they ignore some violations and act on others, or enforce the same items inconsistently they usually end up not being able to legally enforce anything.