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Community Suggests Gun Possession Is Illegal For Residents
newschannel5.com ^ | 3/21/2014 | Unknown

Posted on 03/22/2014 10:06:46 AM PDT by rktman

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.

(Excerpt) Read more at newschannel5.com ...


TOPICS: Constitution/Conservatism; Crime/Corruption; Culture/Society; News/Current Events
KEYWORDS: 2a; banglist; guncontrol
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TN alert!!! Obviously these residents haven't seriously dealt with an HOA. You sign the papers when you buy the place and they pretty much rule your world. Still like the idea of a "governing body" keeping clunkers out of your neighborhood or leaving you a note that your grass needs trimmed? Lucky for us we have a "landscape maintenance organization" only and they specifically state they have no power to do anything other than mow the medians. If there were more, we wouldn't be livin' in the house we're in.
1 posted on 03/22/2014 10:06:46 AM PDT by rktman
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To: rktman

This happened in Tennessee?

Rhode Island, Connecticut, or California, maybe, but Tennessee?


2 posted on 03/22/2014 10:14:06 AM PDT by Jack Hammer
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To: rktman

Patently illegal. They can ban shooting but not ownership. Ignore.


3 posted on 03/22/2014 10:15:47 AM PDT by Gaffer (Comprehensive Immigration Reform is just another name for Comprehensive Capitulation)
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To: rktman

I’d say it’s time to host some NRA and local Tea Party meetings there...


4 posted on 03/22/2014 10:15:58 AM PDT by jsanders2001
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To: rktman

My high rise in Arlington, VA had the same type of restrictions. As a permit holder I ignored that crap. I challenged it and was told I would sue them silly if they ever tried to enforce it.


5 posted on 03/22/2014 10:16:43 AM PDT by fuente (Liberty resides in three boxes: the ballot box, the jury box and the cartridge box--Fredrick Douglas)
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To: Jack Hammer

hoa nazis are everywhere.


6 posted on 03/22/2014 10:17:54 AM PDT by rktman (Ethnicity: Redneck. Race: Daytona 500)
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To: rktman

I get a letter like that from my HOA, I’ll shit-can it. If they want my private property, then by all means they can come and take it.

They just better be prepared for what meets them.

MOLON LABE


7 posted on 03/22/2014 10:18:32 AM PDT by Howie66 ("Tone down the tagline please." - Admin Moderator)
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To: fuente

Find out who specifically wrote that piece of crap and I guarantee you it will be a Rat.


8 posted on 03/22/2014 10:18:36 AM PDT by jsanders2001
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To: rktman

A Home Owners Association can only enforce the agreement an owner signed when they bought the property. The HOA cannot add any new rules. If the “no guns” rule was in the deed, the second amendment does not apply, because the owner agreed to that provision as a condition of purchasing the property. If it’s not in the deed the HOA can go pound sand.


9 posted on 03/22/2014 10:19:32 AM PDT by norwaypinesavage (for)
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To: rktman

Every state has laws governing HOAs that limit what HOAs can do, and usually say that any illegal restriction is void.

That is undoubtedly the case here.

And if a no-gun restriction is legal, then I have no pity for the morons that willing bought with such a restriction. It’s implausible that such a restriction could be newly enacted.


10 posted on 03/22/2014 10:20:46 AM PDT by Atlas Sneezed ("Income Inequality?" Let's start with Washington DC vs. the rest of the nation!)
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To: fuente

Look at the great reviews on the property...not

http://www.google.com/search?q=nashboro+village+reviews&ie=UTF-8&oe=UTF-8&hl=en&client=safari


11 posted on 03/22/2014 10:20:59 AM PDT by jsanders2001
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To: rktman
A Court should disregard this. Some HOA's also have restrictions against putting political campaign signs in yards. No Court will enforce those terms; they are a patent unconstitutional restriction on political free speech. This issue should be treated the same.

But I do have reservations, since we're dealing with "evil" guns here.

12 posted on 03/22/2014 10:23:27 AM PDT by henkster (I don't like bossy women telling me what words I can't use.)
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To: rktman

Check the covenants. The HOA may have passed this rule on their own, and how are they going to enforce it? Sounds like a slate of HOA officers who have become too big for their britches. Most states limit HOAs in what they can do, esp. if their rules go against state/county/municipal law. I’d keep my gun, if I lived there, and dare them to do anything about it. Are they going to get SWAT teams in and search everybody’s house and car? I don’t think so.Not only that, but a big sign “this development is gun-free” wd get some attention from thugs in the area. Not good. Must be a rumor, only a rumor.


13 posted on 03/22/2014 10:23:42 AM PDT by Toucan Dance
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To: Atlas Sneezed

And if it’s not in the original, the homeowners should sue the HOA and demand it be disbanded/nullified/abandoned. Anybody know how to dismantle an hoa?


14 posted on 03/22/2014 10:23:44 AM PDT by rktman (Ethnicity: Redneck. Race: Daytona 500)
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To: rktman

Anyone can say “anything” and write “anything” but enforcing it is another matter. For the residents there, just make it known that you have guns on your property (and let it be known loudly and widely, especially for management) - and then “just sit back”.

Let the property management try and enforce it! If they attempt some legal maneuver, you can bet that the Second Amendment will trump that. They’ll just have to be slapped down by the Second Amendment, in a court of law, in order to teach them the lesson.


15 posted on 03/22/2014 10:24:43 AM PDT by Star Traveler (Remember to keep the Messiah of Israel in the One-World Government that we look forward to coming)
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To: jsanders2001

Criss Simpkins is the manager of the property


16 posted on 03/22/2014 10:25:23 AM PDT by jsanders2001
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To: rktman
Two weeks ago, residents received a letter from their homeowners' association indicating that guns are not allowed on the property.

All who abide by this letter are requiroed to post a sign stating;

NO WEAPONS ON SITE
EAST VICTIM!

17 posted on 03/22/2014 10:27:13 AM PDT by SandRat (Duty - Honor - Country! What else needs said?)
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To: fuente

Same is true for candidate or issue signs at ELECTION time....free speech doesn’t stop at your property line....altho the HOA can determine WHEN those signs go up and should come down.


18 posted on 03/22/2014 10:27:37 AM PDT by goodnesswins (R.I.P. Doherty, Smith, Stevens, Woods.)
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To: rktman

Isn’t that Al Gores state? Probably afraid the powder smoke will cause global warming.


19 posted on 03/22/2014 10:30:04 AM PDT by TEARUNNER14 (When brains were passed out, my wife stood in the chocolate line.! She told me so!)
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To: norwaypinesavage

I have owned 4 properties so far in my life.

I will NEVER buy where there is an HOA or CC&R’s.


20 posted on 03/22/2014 10:30:58 AM PDT by ridesthemiles
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To: Gaffer

Let’s see these Nazi’s enforce the ban! Not possible.


21 posted on 03/22/2014 10:31:17 AM PDT by CIDKauf (No man has a good enough memory to be a successful liar.)
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To: rktman

Some HOA nitwits wet dreams do not trump the Constitution.


22 posted on 03/22/2014 10:31:32 AM PDT by dainbramaged (Don't tell me, I'll tell you.)
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To: jsanders2001

After reviewing the reviews on the development that you linked to, I think maybe anybody without a gun who lives there should buy one and learn how to use it. That is one dangerous place, according to the residents. And NOT, I think, because of upright citizens who have guns but because of thugs in the neighborhood and because management does not thoroughly investigate would-be renters.


23 posted on 03/22/2014 10:34:08 AM PDT by Toucan Dance
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To: Gaffer

“Patently illegal. They can ban shooting but not ownership. Ignore.”

This will not stop them from taking you to court and it costs $5000 down and $500 an hour to operate the legal system. Almost nobody can afford it. Also, they can place a lien on your property. Is any of this legal? Probably no. But, it costs dearly to undo their actions and you’re unlikely to recover the money you spend and they can keep taking those actions until you’re broke. HOA’s are where you find your inner Nazi.


24 posted on 03/22/2014 10:34:13 AM PDT by Gen.Blather
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To: rktman

FU HOA Come and take them.


25 posted on 03/22/2014 10:34:46 AM PDT by Domandred (Fdisk, format, and reinstall the entire .gov system.)
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To: Gen.Blather

Pretty much true and another reason we need loser pays systems. It costs too much to fight crap like this so people don’t.


26 posted on 03/22/2014 10:37:44 AM PDT by Domandred (Fdisk, format, and reinstall the entire .gov system.)
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To: rktman
And if it’s not in the original, the homeowners should sue the HOA and demand it be disbanded/nullified/abandoned. Anybody know how to dismantle an hoa?

That's my thinking. We have an HOA, basically useless. If they tried this kind of excrement that would be the end of the HOA. Not just getting their dumb and unconstitutional "rule" repealed, I mean I'd see to it the HOA was disbanded.

27 posted on 03/22/2014 10:37:56 AM PDT by ThunderSleeps (Stop obarma now! Stop the hussein - insane agenda!)
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To: ThunderSleeps

Still wonderin’ if anyone know how to go about dumping an hoa. From what I’ve been able to discern, it’s nearly impossible. At least here in NV. Not to mention the deep pockets you gotta have just for liars fees. I meant, of course, lawyers fee. Sigmund slippage.


28 posted on 03/22/2014 10:41:08 AM PDT by rktman (Ethnicity: Redneck. Race: Daytona 500)
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To: norwaypinesavage
The HOA cannot add any new rules. If the “no guns” rule was in the deed, the second amendment does not apply

Bull shit....Ya know what...I am so sick of controlling people with their own little political agendas...

What if your stinking controlling Home Owners Ass's said no Blacks, no Jews, and wheel chairs not allowed, and anyone who owns a kitchen knife is banned?

29 posted on 03/22/2014 10:43:38 AM PDT by dragnet2 (Diversion and evasion are tools of deceit)
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To: Domandred

“Pretty much true and another reason we need loser pays systems.”

I believe we do not have loser pays because liberals use the system to wage “lawfare.” Also, our government gives tax money to environmental groups to sue our own agencies to “force” the agencies to enforce (or “properly” interpret) laws and then enforce them. The government will pay any of the special victim groups to sue their employers. A lawyer told me, if you’re in one of those groups I’ll take the case even if it’s obvious you’re lying because I can force a settlement. The company knows the claimant has no incentive to settle. The minimum no-case-at all settlement is $5,000. (This was in 1997, so I imagine the minimum settlement is now higher.)


30 posted on 03/22/2014 10:44:15 AM PDT by Gen.Blather
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To: jsanders2001

HOA business info:
https://tnbear.tn.gov/ecommerce/FilingDetail.aspx?CN=230147118252216108054226220165020231166104240080

Info on management company of HOA:
https://tnbear.tn.gov/ecommerce/FilingDetail.aspx?CN=074223097244169246191189045044066124138100225131

Steven Ghertner is the Reg Agent and co-president with brother,Scott Ghertner:

http://ghertner.com/ghertner/sub_category_list.asp?category=10&title=About+Our+Firm

Photos of the management team / principals. Look at some of their photos and tell me they’re not liberal twits:

http://ghertner.com/ghertner/sub_category_list.asp?category=27&title=Our+Team


31 posted on 03/22/2014 10:44:33 AM PDT by jsanders2001
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To: Gaffer; rktman
Two weeks ago, residents received a letter from their homeowners' association indicating that guns are not allowed on the property.

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

Not really. This company manages the property and what they are dealing with is a contract. Contracts between willing partners can restrict rights that governments can not.

These people signed a contract giving this company wide latitude to create rules for the community.

This is a perfect illustration of why it is important to read the contract before you sign and go to the meetings when the association council is meeting to make rules. Also know who you are voting for when the association has elections.

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.

I understand this no firing guns rules. Bullets easily pass through most walls and kill people next door. This simple CYA for the HOA.

32 posted on 03/22/2014 10:44:58 AM PDT by Pontiac (The welfare state must fail because it is contrary to human nature and diminishes the human spirit.)
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To: Pontiac
This company manages the property and what they are dealing with is a contract. Contracts between willing partners can restrict rights that governments can not.

What if their contract said no Negros?

33 posted on 03/22/2014 10:46:53 AM PDT by dragnet2 (Diversion and evasion are tools of deceit)
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To: Jack Hammer

One of the many reasons I would never live in a subdivision or a condo.


34 posted on 03/22/2014 10:47:30 AM PDT by logic101.net (How many more children must die on the altar of gun control?)
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To: norwaypinesavage

Sorry, that is completely wrong. You cannot sign away rights in a contract. The HOA will lose.


35 posted on 03/22/2014 10:51:42 AM PDT by Azeem (There are four boxes to be used in the defense of liberty: soap, ballot, jury and ammo.)
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To: rktman

Looking at the comments, not many read the article:

“they plan on changing the rule soon to allow firearms on the property.”


36 posted on 03/22/2014 10:51:57 AM PDT by TexasGator
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To: rktman

We have a voluntary neighborhood association that collects enough *voluntary* dues to maintain three major and two minor entrances, print a nice neighborhood directory, maintain a small forum web site for announcements and discussions, and organize misc. events. It’s pretty perfect. Lots of volunteer effort. I’ve been helping deal with some issues with the lighting at the entrances, for instance.


37 posted on 03/22/2014 10:52:31 AM PDT by FreedomPoster (Islam delenda est)
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To: rktman

And if it’s not in the original, the homeowners should sue the HOA and demand it be disbanded/nullified/abandoned. Anybody know how to dismantle an hoa?

Its called an attorney who interviews all of the property owners who decide they don’t want it anymore then goes through the legal progress to dismantle it. Of couse thats the very oversimplied version of it. There could be other legal hurdles to overcome, particularly if there are other entities that have a vested interest in the properties that were purchased.


38 posted on 03/22/2014 10:54:06 AM PDT by jsanders2001
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To: dragnet2
What if their contract said no Negros?

There are federal and state laws that prohibit that kind of rule.

The HOA has pretty much the same rule making power that the home owner himself has. They can make any rule that is not itself illegal for the home owner to make provided that the basic HOA charter did not prohibit the rule.

If a home owner can prohibit guns on his property the HOA can as well.

For this very reason I would never buy property in a HOA development. I don’t want a HOA telling me I can’t fly a flag or build an out house if I want.

Some people like them because they force an owner to keep up the appearance of his home. Some people really worry about their property being devalued by bad neighbors.

39 posted on 03/22/2014 11:00:33 AM PDT by Pontiac (The welfare state must fail because it is contrary to human nature and diminishes the human spirit.)
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To: Pontiac
Contracts between willing partners can restrict rights that governments can not.

What if their contract said no Negros or homos?

There are federal and state laws that prohibit that kind of rule.

LOL! They can defecate on the U.S. Constitution and the Bill of Rights but corrupt governments can just pick and choose what is allowed and not allowed?

BS

40 posted on 03/22/2014 11:03:28 AM PDT by dragnet2 (Diversion and evasion are tools of deceit)
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To: rktman

If one lives in a HOA neighborhood- go to the meetings and get elected to the governing board! Not doing so always results with people who are stupid running it & situations which are silly.


41 posted on 03/22/2014 11:03:47 AM PDT by RginTN
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To: Jack Hammer

Homeowner’s Associations:
An outcrop and implant among Americans of the tried and used Red Chinese neighborhood court system.

Another description is “Communist wanna-be’s with one hand underneath their, um, dress.

I ran into this form of small-town Communism, when looking to buy a home in the Portland, Oregon area, in 1994.

You are paying an organization that neither can or desires to, fight fires, arrest criminals, or patrols for security, but does, by your paying them, infringe on your American rights to do what you wish, with your property, or how to live your life, while your domicile is within the house on that property. You are allowing, by your paying them, a nattering bunch of ney-bobs, who are obviously descendants of the suffrugette movement, and still wish to deny folks the right to live their life as they, and their god, see fit.

Ain’t the kinda thing I spent 10 years, defending freedom for!

Oh, and when they asked me if I were a veteran or not, I gave them the most sincere answer. Their response was, “Oh, we are all pacifists, here.” I tore up the paperwork in front of them, with spoken instructions, and walked out.


42 posted on 03/22/2014 11:05:39 AM PDT by Terry L Smith
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To: rktman
Ignore Unconstitutional Laws. Period.
43 posted on 03/22/2014 11:06:28 AM PDT by Red in Blue PA (When Injustice becomes Law, Resistance Becomes Duty.-Thomas Jefferson)
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To: Red in Blue PA

No kidding...They ought to post ID info on those coming up with this BS.


44 posted on 03/22/2014 11:07:58 AM PDT by dragnet2 (Diversion and evasion are tools of deceit)
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To: norwaypinesavage

“A Home Owners Association can only enforce the agreement an owner signed when they bought the property. The HOA cannot add any new rules. “

Wrong.


45 posted on 03/22/2014 11:08:27 AM PDT by TexasGator
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To: rktman


46 posted on 03/22/2014 11:12:40 AM PDT by Chode (Stand UP and Be Counted, or line up and be numbered - *DTOM* -vvv- NO Pity for the LAZY - 86-44)
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To: rktman

Simple solution. A few of the neighbors get together and find an attorney that is willing to file a class action suit. Suck the attorney into taking the case by giving him all the proceeds except what amounts to the added HOA dues for the members of the class action. Make the suit cause the HOA liability to increase and the insurance company will make the HOA settle.


47 posted on 03/22/2014 11:15:05 AM PDT by KC Burke (Officially since Memorial Day they are the Gimmie-crat Party.ha)
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To: dragnet2
LOL! They can defecate on the U.S. Constitution and the Bill of Rights but corrupt governments can just pick and choose what is allowed and not allowed?

It is not a government. It is an chartered organization of home owners.

By purchasing the house the owner agrees to the restrictions placed on the property by the HOA.

When signing any contract you invariably will surrender some rights whether that is agreeing to arbitration surrendering the right to sue or some other rights.

Buyer beware.

48 posted on 03/22/2014 11:15:12 AM PDT by Pontiac (The welfare state must fail because it is contrary to human nature and diminishes the human spirit.)
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To: rktman

If SCOTUS has ruled that cities don’t have the right to ban guns under the 2nd amendment do you think HOAs have that right?


49 posted on 03/22/2014 11:18:03 AM PDT by Starstruck (If my reply offends, you probably don't understand sarcasm or criticism...or do.)
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To: Pontiac
It is not a government. It is an chartered organization of home owners. By purchasing the house the owner agrees to the restrictions placed on the property by the HOA.

What if they said no homos?

50 posted on 03/22/2014 11:18:44 AM PDT by dragnet2 (Diversion and evasion are tools of deceit)
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