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Trails & Greenbelts
Posted: Fri Jul 13, 2007 7:39 pm
by Drifter
I live in a large community interlaced with hiking/biking trails and greenbelts. The trails also connect several large park areas, one of which is unimproved land with its own internal trails. These are public areas, open dawn to dusk, "owned" by the community and managed and maintained by one or more "Trails Association" (depending on area), using annual dues paid by we homeowners.
Near the entrance to the largest park area is a sign with "Rules of The Park", including words prohibiting possession or firing of firearms. Association rules also state "Use or possession of guns (BB guns, pellet guns, etc.) and other unsafe activities such as lighting fires on the Greenbelts are prohibited." (I guess someone considers possession an unsafe activity!

)
As a CHL holder and a homeowner and dues paying (I have no choice in that) member of the HOA/Trails Association who likes to ride and hike these trails and parks, can the no firearms rule be enforced on me if I carry concealed? (LEO's sometimes patrol the trails on bikes - for security, I suppose.)
Posted: Fri Jul 13, 2007 7:45 pm
by LM23
Good question. We have the same thing at our "Community Center" where we live. No 30.06 sign, just a sign that firearms prohibited.
Posted: Fri Jul 13, 2007 7:50 pm
by Seburiel
if it isn't a place already deemed 'no carry' or doesn't have a 30.06 sign, then I imagine -criminally- you are okay, but don't forget, your HOA may be able to bring civil penalties against you for violating their policies, and one of the big ways HOAs love to pressure people is with the threat of foreclosure of your home - check your deed/restrictions to see.
IANAL, of course.
Re: Trails & Greenbelts
Posted: Fri Jul 13, 2007 7:57 pm
by Liberty
Drifter wrote:I live in a large community interlaced with hiking/biking trails and greenbelts. The trails also connect several large park areas, one of which is unimproved land with its own internal trails. These are public areas, open dawn to dusk, "owned" by the community and managed and maintained by one or more "Trails Association" (depending on area), using annual dues paid by we homeowners.
Near the entrance to the largest park area is a sign with "Rules of The Park", including words prohibiting possession or firing of firearms. Association rules also state "Use or possession of guns (BB guns, pellet guns, etc.) and other unsafe activities such as lighting fires on the Greenbelts are prohibited." (I guess someone considers possession an unsafe activity!

)
As a CHL holder and a homeowner and dues paying (I have no choice in that) member of the HOA/Trails Association who likes to ride and hike these trails and parks, can the no firearms rule be enforced on me if I carry concealed? (LEO's sometimes patrol the trails on bikes - for security, I suppose.)
The only sign that restricts you is the 30.06. Not even a 51% sign is restrictive (although a 51% location is restricted.) Even a 30.06 sign in those locations might not be valid. Are Home owner associations gooberment?
Posted: Fri Jul 13, 2007 8:00 pm
by razoraggie
Seburiel wrote:I imagine -criminally- you are okay, but don't forget, your HOA may be able to bring civil penalties against you for violating their policies.
Even though some places do not post properly, it does not mean that you will not be "given the business" by a private firm. I don't really see L/E giving you any trouble for it, but again...how are they to know if you are concealing properly? Just keep one thing in mind that has been brought up many times in this forum: "Even though you may be ok leagally....you may not want to be the test caes either."