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March 21, 2007

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Discussion Topic: Can a Homeowner Association Ban Gun Ownership?

From Nashville, Tennessee’s NewsChannel5.com:

Some people in a Nashville neighborhood are furious over a new rule that makes it illegal to own a gun.

Residents in Nashboro Village said it's unconstitutional and leaves them defenseless.

Two weeks ago, residents received a letter from their homeowners' association indicating that guns are not allowed on the property.

"It thought it was ironic that they say you can't have something when the United States government says you can," said resident Cristina Salajanu.

Salajanu would like to give her neighborhood management company a history lesson.

"I think it's unconstitutional," Salajanu said. "They can't tell you what to own or not to own in your own house."

Check out the full article linked above then tell us what you think?

Comments

Matt Mallery

Of course it's constitutional. But then again, the whole idea of an HOA is nazi-like anyway. Why would anyone choose to live somewhere that tells you what color you can paint your door, or what signs you can put up etc?

Richard Grimes

From the article "Neighbors said they understand the gun rule is meant to keep criminals out of Nashboro Village but they don't believe that prohibiting firearms is the best way to do that."

FYI to the neighbors - Criminals are criminals BECAUSE THEY DO NOT FOLLOW THE RULES. This is completely absurd!

Wake up people!

Ron

I'm with Matt. Nothing could make me live under the rules of an HOA. Bunch of fascists.

Ron

I'm with Matt. Nothing could make me live under the rules of an HOA. Bunch of fascists.

Blue Ox

The 2nd amendment effectively trumps any home owners assosiation's pissant rules. Some people never learn.

Phil

Is this Tennessee? What has happened to America? This is a group who hates guns not criminals! To say you ban guns to keep criminals out is absurd, they will not check their guns at you gated communities.

Rebel against them don't complain. Hold on to your Six-shooters and lever guns. If they press charges take this to the Supreme Court and watch them lose. Please don't listen to the HOA.

Gable Sadovsky

No doubt its unconstitutional. The Supremecy clause of the US Constitution would pre-empt such a rule (not to mention what is likily found in the TN state constitution). The law would fail under the Supreme Courts test of Strict Scrutiny, the 2nd amend. is a "Fundemental Right" and to infringe upon in requires the HOA to have a "Compelling govt interest".

Chad Kirkman

Feared Association fighter here.

The HOA can ban guns if the CCRs allow them to make and enforce rules. The CCRs is a private contract and sueing a corporation (the HOA) for constitutional protection is generally a waste of time.

However, just own the guns anyway as they have no way of knowing that you have them because they can't come into your home. When you go hunting just pull the car/truck into the garage, close the door, and load the weapons.
If you happen to shoot an intruder (then they will know you have the gun) then tell them to send you the fine. Then you alert the media of the fine you got while defending your family.




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