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

[jjackffrost]

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.”

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[DieselScout]

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

 

[Dunerunner]

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.

 

[deen_ad]

Denied the right to purchase a home because you exercise a Constitutionally provided right to bear arms.

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

 

[U201491]

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 !

 

[Stomper]

Point and shoot... Point and shoot.

 

[U201491]

Point and shoot... Point and shoot.

Sight alignment, sight alignment 2 for one

 

[Stomper]

Reflex, reflex... Three for free!

 

[Sturmhimmel]

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.

 

[U201491]

Reflex, reflex... Three for free!

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

 

[LProf]

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?

 

[RVTECH]

Can Oregon Owners Associations make gun laws, like no hunting or fishing or discharging firearms?

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.

 

[deen_ad]

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
NRA Life Member, Benefactor Level
Defender of Freedom Award
Second Amendment Foundation Member
Washington Arms Collectors Member
Arms Collectors of SW Washington Member

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

 

[RVTECH]

The HOA's do have a lot of legal authority. Just ask those that have run afoul of the HOA regulations.

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.

 

[Redcap]

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?

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

 

[deen_ad]

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.

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

 

[LProf]

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?

 

[LProf]

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

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

 

[osterr1999]

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

 

[ZigZagZeke]

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.