Lake of the Woods and guns

[tommy610]

I'm considering moving to VA, into the gated community "Lake of the Woods" in Locust Grove. I came across this in their Rules and Regulations:

C. USE OF FIREARMS AND RELATED ITEMS
1. Firearms are not permitted within LOW except as provided for by Federal and State law.
2. No person other than a law enforcement officer in the performance of his duty shall discharge a firearm within LOW at any time.
3. No person shall discharge “B-B” or pellet-type rifles or pistols within LOW. (1/1991)

What do you make of this, as it pertains to a homeowner there owning guns and carrying concealed?

Item 1, IMO, is saying nothing. Are they just saying there are no special privileges granted within these boundaries that would entitle any firearm ownership or possession beyond what state and federal laws do? True, but do they need to say that? This is the item that most concerns me.

Item 2 doesn't bother me so much. Probably came from New Years Day celebrations incidents.

Item 3 actually makes sense to be stated.

Thanks for any info on this. I'd really love to hear if there are any gun-owners/carriers who live in Lake of the Woods. I'm hoping my worry is unfounded.

BTW - This text can be found on the page marked as "13" here:
http://lowa.org/gov_docs/regulations2012.pdf

[ShotgunBlast]

1. I agree that it doesn't say anything.

2. I bet the HOA sends you a nastygram after you discharge your firearm because someone was trying to break into your home. "At any time" means at any time.

3. State law says that localities cannot prohibit property owners from shooting air-powered guns on their property as long as they do what they can to keep the pellets on their own property. Whether a HOA can impose a rule like this, I don't know.

[lizjimbo]

As to number 1...neither Federal or State law prohibit the handling, sale, purchase, or ownership of any firearm lawful to have except as expressly prohibited by federal or state code.

Number 2 appears to be in violation of the laws of self defense in Virginia.

Number 3...Gads, I just gave my daughters boyfriend a BB gun. Hopefully it ain't traceable back to me.

[papasan]

LOW is a private, gated community. they have their own Fire & Rescue, their own schools, etc. I used to go there for SRT training weekly, the trainer lived there. Not my cup of tea, but to each their own.

just like any home owners association they can put a lien against your property if you don't conform to the established guidelines. there maybe additional powers granted to LOW that I'm not aware of closer to private property, such as the owner of a restaurant with a "no guns" sign on his door.

the bottom line is that if you don't agree with their rules you shouldn't move there. even if the rules are immoral in your eyes or of dubious legality is it really a battle you want to fight?

[jdonovan]

What do you make of this, as it pertains to a homeowner there owning guns and carrying concealed?

It means the community already appears to be somewhat anti-gun.

3) is interesting because state law preempts local governments from passing laws restricting air-rifle discharge, but does not prevent private agreements from doing such. So my understanding is this is valid and would prevent you from even discharging a air pistol in your basement.

As they are a private organization, and the HOA 'owns' the common area it would be just a minor step for them to ban loaded firearms from public areas. I highly doubt they could prevent possession within your home, but they COULD prohibit possession in the common areas and then there would be no way to get to/from your home with them.

If you care at all about your RKBA, then I would RUN away from ANY community that restricts your rights in this way.

I used to work at Germanna CC, and knew a few folks who lived in LOW, and said that there were some problems with their dams that were going to be very expensive to repair.

[FiremanBob]

I don't read it as so ominous. It seems that with the exception of BB gun firing, all it does is repeat state law. The first provision is no more restrictive than state law. The second is probably no worse than the state law on firing near a residence, since LOW is a rather high-density development. There probably isn't a spot that is not within 500 feet of a dwelling. If you had to shoot a home invader, I would be surprised if they would enforce this provision against you. The third is obnoxious, but again, it is a high-density area.

That said, I wouldn't live there.

[GeneFrenkle]

Does LOW still have that sewage problem and was that special assessment for the dam ever passed?

[ Post made via Mobile Device ]

[HighExpert]

Move to Cumberland County. I asked my local sheriff if there was a range where I could practice and he said, "You have a backyard don't you? You live on 4 acres don't you? Don't shoot the neighbors and they won't shoot you." Love it.

[hackeriii]

Be Wary. My HOA just banned all Guns from any common areas. Just changed the rules in the middle of the night. If you can live outside a HOA do so. Not worth the risk as moving a a real pain.