Senior Condo & Guns

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BarryLee

New member
Ok, I realize this is probably one of those issues where contacting an attorney makes sense, but it doesn’t directly involve me and I’m just curious.

A friends Father moved into a Senior Community recently. This is not a nursing home or assisted living, but a place where you buy a condo and live on your own with other senior adults. After moving in he decided to buy a safe to store assorted valuables including a few handguns. He consulted the concierge about moving it in and during the discussion he stated, “I hope you don’t have any guns you know that’s against our rules”.

So, they reviewed everything they were given and found no mention of this. His son told him to not worry about it and keep quiet about the guns. Anyway, I am curious if they can ban guns from a condo that he purchased. I could possible see rules banning them from common areas, but not your personal home. Does anyone know? If so could this apply to subdivisions or any development that had condo/homeowners association rules?
 
They can ban firearms, but that would be a violation of the 2nd Amendment and actionable in a court of law.

If it isn't in the bylaws, it isn't in the bylaws and the concierge could be personally liable.
 
I would bet (if it exists), this rule was included in the sales agreement for the property.

Just like a lot of subdivisions/housing tracts have CC&R's the buyer agrees to when buying the property. Condo owners have similar restrictions and rules that the buyer agrees to when purchasing the condo.

Read thru em carefully. If there is no specified prohibition agreed to, he can have all the guns he wants in his condo. If he agreed (in the paperwork) to not posses guns on the property... You prob need a Lawyer.
 
It probably depends if any actual contract is involved.
Most senior living properties usually involve some kind of escalating care arrangement.
If so, then no doubt the rules change according to the situation.
Imagine the concerns over old folks, some over dosed with pharmaceuticals, suffering possible dementia, having access to deadly weapons on the premises.
Eghads, head for the hills.
 
They cannot strip you of a Constitutional right without your consent, by agreement prior to moving in. In other words, if he was not made aware of it, and or it was not included in any agreements he has signed, they don't have much ground to stand on. I would re-read the fine print in the bylaws and whatever contracts he has signed. Considering 30-50% of households have guns, that would be a pretty significant detail to omit from an association's rules.
 
Hey all, thanks for the feedback and I understand to some point how contracts and covenants or whatever it’s called work, but just always assumed they regulated what went on outside your home and not inside. It just kind of irritated me, but then again I suppose if he knowingly or even unknowingly agreed to it he may be stuck. Anyway, as I said this is a coworkers Father and I have no real involvement it just came up during a casual lunch conversation.
 
The affected individual needs to pull together all the documents pertaining to the condo (purchase parers, regulations, sales contract, and anything else he may have) and consult an attorney. This appears to be a matter of contract law, and we can't answer it here with generalities.

If there is something in any of the documents he signed or acknowledged reading, then he is not being "stripped" of his 2A rights, he voluntarily signed them away by agreeing to the terms. There's a reason my grandfather always advised us to read the fine print.
 
Just because something is in the CC&Rs doesn't mean it is enforceable. Many older subdivisions have CC&Rs that state that a property cannot be sold to members of certain races. However, these days, we know that such a clause in an agreement not only can be ignored, but must be ignored.
 
Most cases, doesn't matter who owns the building, your domicile is your domicile, and the local rights anyone enjoys in their home carries over to rented, leased or purchased living space.

Lots of people say things are against the law or rules that there's no rule or law against.

Ask them to show you the relevant laws.

most people think that vaccines are required by law, when they are not... Just as an example. I don't want to live in a country that forces medical treatment.
 
This does raise a good question. Can an anti-gun developer draft a requirement in the CC&R's (deed restrictions) that prohibit the residents from possessing any firearms within the development. Theoretically, if you decide to buy into the subdivision, you have agreed to the gun restrictions.

I recognize that condos and detached homes are often regulated differently, that's why I asked about a detached homes.
 
Aguila Blanca said:
The affected individual needs to pull together all the documents pertaining to the condo (purchase parers, regulations, sales contract, and anything else he may have) and consult an attorney. This appears to be a matter of contract law, and we can't answer it here with generalities.

If there is something in any of the documents he signed or acknowledged reading, then he is not being "stripped" of his 2A rights, he voluntarily signed them away by agreeing to the terms. There's a reason my grandfather always advised us to read the fine print.
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This states the matter clearly and correctly. Or, in internet slang, "+1." :D
 
This does raise a good question. Can an anti-gun developer draft a requirement in the CC&R's (deed restrictions) that prohibit the residents from possessing any firearms within the development. Theoretically, if you decide to buy into the subdivision, you have agreed to the gun restrictions.
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Yes, because you have the CHOICE to live there or not.
 
To a certain extent, you have to look at what power they have to enforce such rules. I've lived in neighborhoods that really tried to enforce their rules, but they all had to just live with unapproved sheds, unapproved sheds and unpaid dues.

I mean, who is going to agree to spending several $1000 to sue their neighbor over a nice shed with the wrong color roof?

The same could be said for suing a competent person for owning guns they never see?

Now, if he is shooting up the community, sure, sue him! Evict him!

My point is that most of these rules are voted in for selective enforcement, to kick out bad apples.
 
"I will never live anywhere that people tell you how to run your home or what you can have in it."

So, you will never live anywhere where there is any form of government at all?

How much was your island? :p
 
Don't ask as you may not like the answer !!

So, they reviewed everything they were given and found no mention of this. His son told him to not worry about it and keep quiet about the guns.
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Most of the time when you ask questions like this, you will not like the answer. "They" will give you an answer that best covers their back-side, even if they have to make something up. The father raised a wise man. I do believe that at some point, the son will know when it's time to remove this from his residence. ...... ;)

Be Safe !!!
 
So, you will never live anywhere where there is any form of government at all?
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That's one interpretation.

Some HOAs tell you what you can park in your driveway, what color your house can be.
There are places where people are free to do what they want with their home and everyone survives it.

Rules are needed, I'm not saying anarchy, just no tyrannical fists in my living room.
 
I guess you've never lived in a rental in your life. "no Pets", "no smoking" are standard language in most leases.

Ironically, the title of this thread, indicates that certain rights must be given up in order to live there. I'm guessing moving your 3 teenage grandchildren into your "senior condo" would not be smiled upon.

The question before the forum is whether somebody may have voluntarily signed away their rights to live within an association.
 
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