TN : HOA Makes Guns Illegal for Residents

TN : HOA Makes Guns Illegal for Residents

This is a discussion on TN : HOA Makes Guns Illegal for Residents within the The Second Amendment & Gun Legislation Discussion forums, part of the Related Topics category; ANTIOCH, Tenn.- Some people in a Nashville neighborhood are furious over a new rule that makes it illegal to own a gun. Residents in Nashboro ...

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Thread: TN : HOA Makes Guns Illegal for Residents

  1. #1
    Senior Member Array JJVP's Avatar
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    TN : HOA Makes Guns Illegal for Residents

    ANTIOCH, Tenn.- 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.
    Community Suggests Gun Possession Is Illegal For Residents - NewsChannel5.com | Nashville News, Weather & Sports
    gatorbait51 likes this.


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    VIP Member Array Rob99VMI04's Avatar
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    First off!! When is a HOA president going to conduct a No-Knock warrant, wouldn't that be considered a home invasion? Does TN have Castle doctrine?

    PROBLEM SOLVED!

    I would latterly tell the HOA! PROVE I have a gun!
    “Are you a thermometer or a thermostat, do you reflect or become what is happening in the room or do you change the atmosphere, reset the temperature when you come into the room”?--Chuck Swindoll

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    What a crock, and in Tennessee to boot.
    Aceoky, Ianthin, TVJ and 1 others like this.
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  4. #4
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    Nashboro Village = land of the hipsters. Shocker.
    "Americans have the will to resist because you have weapons. If you don't have a gun, freedom of speech has no power." - Yoshimi Ishikawa

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    Class action suit ought to get their attention. Then the homeowners need to get together and vote to fine them for being stupid.
    Aceoky, TVJ, Czombie and 5 others like this.
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    The nitwit who came up with this ludicrous idea needs to be the one who serves these warrants. Or all the members of this HOA need to get rid of this schmuck.
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    From the last paragraph in 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." On what planet does this make any lick of sense. Well now that I think of it, it just might work. I mean the other day my friend and I were out boozing it up and when we ran out of liquor we went to the store to get more. But when we got there we realized we didn't have any money. So we were just about to pull our guns and rob the place when luckily I spotted the "No Guns Allowed" signage. I pointed it out to my friend and he agreed we should just leave. We didn't want to get into any trouble by violating a Gun Free Zone while robbing the store.
    Aceoky, BugDude, Azchief and 14 others like this.

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    VIP Member Array Aceoky's Avatar
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    Quote Originally Posted by th0rr View Post
    From the last paragraph in 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." On what planet does this make any lick of sense. Well now that I think of it, it just might work. I mean the other day my friend and I were out boozing it up and when we ran out of liquor we went to the store to get more. But when we got there we realized we didn't have any money. So we were just about to pull our guns and rob the place when luckily I spotted the "No Guns Allowed" signage. I pointed it out to my friend and he agreed we should just leave. We didn't want to get into any trouble by violating a Gun Free Zone while robbing the store.
    gatorbait51 and Paladin3840 like this.
    -------------------------------------------------------------------------------------------------
    In Gibson v. Commonwealth, 237 Ky. 33, 34 S.W.2d 936 (1936), the High Court stated:  “[I]t is the tradition that a Kentuckian never runs.   He does not have to.”

  9. #9
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    The article said that the HOA was changing the rule to make only the discharging of a firearm against the rules.

    I thought people in an HOA had some input into the rules. A management company was employed to see to it that rules were followed. Unless the management company owns the HOA, why would they believe they have the right to create rules.

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    From the article: "Officials with Ghertner and Company, the property manager at Nashboro Village, would not make an on-camera comment about the gun policy but said they plan on changing the rule soon to allow firearms on the property.

    However, they would make it illegal to fire those guns, which residents say is still unconstitutional.
    "

    They realized the error of their ways. It was a dumb move to begin with, and they have realized that. As far as a rule making it illegal to fire the guns, the HOA has no authority to determine the legality of something outside their jurisdiction. And, by the way, are they also planning on having a rule making it illegal to assault, rob, rape, or murder their homeowners? That would be as ludicrous and as effective as the no guns rule!
    Ben

    Cogito, ergo armatum sum. I think, therefore I am armed. (Don Mann, The Modern Day Gunslinger; the ultimate handgun training manual)


  11. #11
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    It would be interesting to see exactly how they would intend to enforce these rules.

    Ben, that's pretty much what I was thinking.

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    Senior Member Array Lotus222's Avatar
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    HOA's... what a plague. Now they are mandatory for every subdivision (at least in my state) due to stormwater management requirements. This type of stuff is commonplace. It only takes a few housewives and someone with a napoleon complex for things to get out of hand real quick.

    First rule of dealing with an HOA. Never ask permission to do anything. As soon as you do, the HOA will assume it has the authority to tell you no, regardless the circumstances.

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    Is this a new policy, or on that they have just decided to enforce? If it is an existing policy and the people agreed to it when they moved there, then they may very well lose if it goes to court. If it is a policy the HOA implemented without the residents agreement, then the HOA will probably lose.
    gatorbait51 likes this.
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    Contact a lawyer and have him/her send a "Cease & Desist" letter to the HOA. If nothing happens, have all the gun owners jointly file a lawsuit. The HOA will lose or quickly settle.
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    Apparently the HOA hasn't paid enough attention to the more recent Supreme Court rulings stating bans are clearly a violation of the 2A. Which is why the management company was quick to say they were changing the rule to something that isn't clearly illegal.

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