a MA neighborhood with "no firearms allowed" signage

There's a good chance that road isn't even private. The house values in there range from about $2M up to $25M and it wouldn't be the first time a bunch of people in a neighborhood like that got together and put up signage to make it look private. There's a similar situation in Concord right across from the Old North Bridge.
it really doesn't look private. it's a continuation of a non private road and the street name doesn't change, nor does the pavement
 
You should turn yourself in for the good of humanity and for the children. We need you and those guns off the streets!
 
Whether they can ban outsiders from carrying guns is not much of a question. What I think is a good question is whether they could, as an association, extend that ban to homeowners. If we take free speech challenges as any indication, the results are likely to be all over the map.

Hey, just walk past the gate OCing an shotgun. After all, "firearms" under state law are handguns...
 
So lets say we created an NES neighborhood, what would the sign say at the entrance?

"Welcome to NESville, firearms welcome"

"Warning all residents are heavily armed"

"NEStown Pop:45 Firearms: 3,429" [laugh]
 
it really doesn't look private. it's a continuation of a non private road and the street name doesn't change, nor does the pavement
That's a factor, but certainly not dispositive.

Many private ways are eventually turned over to the municipality after it's "accepted" as a public way, usually when a development is finished. It's quite possible they could have turned over everything up to a certain point, where they placed that sign. Homeowners Associations have to balance the control of the roadway they are giving up (restricting certain types of vehicles, etc.) with the additional taxpayer services they get from the town (snow removal, etc.).

It can actually become a very important legal distinction in police cases where the charges (OUI, Unlicenced Operator, etc.) and/or a warrantless search under the MV Exception Doctrine require the way be public or private with a public right of access. In important cases, we will actually call up the town engineering department and get a certified statement that the way is public to accompany the case file to court.
 
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That's a factor, but certainly not dispositive.

Many private ways are eventually turned over to the municipality after it's "accepted" as a public way, usually when a development is finished. It's quite possible they could have turned over everything up to a certain point, where they placed that sign. Homeowners Associations have to balance the control of the roadway they are giving up (restricting certain types of vehicles, etc.) with the additional taxpayer services they get from the town (snow removal, etc.).

It can actually become a very important legal distinction in police cases where the charges (OUI, Unlicenced Operator, etc.) and/or a warrantless search under the MV Exception Doctrine require the way be public or private with a public right of access. In important cases, we will actually call up the town engineering department and get a certified statement that the way is public to accompany the case file to court.

QFT
 
now obviously I wasn't carrying because I had to cross army corps of engineering property to get to the cape, but if I had I certainly would have turned around immediately and called the cops on myself
I did note the sarcasm in this part of the post, but the ACOE has granted to some "Permission to carry a loaded firearm while transiting across the Bourne and Sagamore highway bridges,which are a part of the ACOE Cape Cod Canal property. This permission specifically applies only while transiting the public ways in a vehicle upon the highway bridges, provided you are legally in possession of said firearm consistent with all applicable state, local and federal firearms laws and regulations"
They think we need permission? F^@k them !
 
I did note the sarcasm in this part of the post, but the ACOE has granted to some "Permission to carry a loaded firearm while transiting across the Bourne and Sagamore highway bridges,which are a part of the ACOE Cape Cod Canal property. This permission specifically applies only while transiting the public ways in a vehicle upon the highway bridges, provided you are legally in possession of said firearm consistent with all applicable state, local and federal firearms laws and regulations"
They think we need permission? F^@k them !

where did you grab that from? curious. I had a hard enough time finding where it said I couldn't without then having to worry about finding out if I could haha
 
I did note the sarcasm in this part of the post, but the ACOE has granted to some "Permission to carry a loaded firearm while transiting across the Bourne and Sagamore highway bridges,which are a part of the ACOE Cape Cod Canal property. This permission specifically applies only while transiting the public ways in a vehicle upon the highway bridges, provided you are legally in possession of said firearm consistent with all applicable state, local and federal firearms laws and regulations"
They think we need permission? F^@k them !
They grant "permission" in this circumstance because they know they would get their balls kicked in in court for enforcing what would essentially be a ban on firearms for all of Cape Cod.

This happens all the time in law where parties pretend to be doing you a favor by lending you an olive branch when you actually have the legally better hand.
 
http://www.mountainstateslegal.org/...aho-woman-defeats-obama's-top-lawyers-on-guns



I would like to know if this is true or not, I do a lot of hunting/fishing on Army Corps Land and never knew about a weapons ban.

It's not true. I can tell you for fact that the ACE is not considering it true either. They very much plan on enforcing this rule outside the area of the court in that case.

I did note the sarcasm in this part of the post, but the ACOE has granted to some "Permission to carry a loaded firearm while transiting across the Bourne and Sagamore highway bridges,which are a part of the ACOE Cape Cod Canal property. This permission specifically applies only while transiting the public ways in a vehicle upon the highway bridges, provided you are legally in possession of said firearm consistent with all applicable state, local and federal firearms laws and regulations"
They think we need permission? F^@k them !


And there is the proof. He is talking about the same letters I have seen I suspect.
 
That's a factor, but certainly not dispositive.

Many private ways are eventually turned over to the municipality after it's "accepted" as a public way, usually when a development is finished. It's quite possible they could have turned over everything up to a certain point, where they placed that sign. Homeowners Associations have to balance the control of the roadway they are giving up (restricting certain types of vehicles, etc.) with the additional taxpayer services they get from the town (snow removal, etc.).

It can actually become a very important legal distinction in police cases where the charges (OUI, Unlicenced Operator, etc.) and/or a warrantless search under the MV Exception Doctrine require the way be public or private with a public right of access. In important cases, we will actually call up the town engineering department and get a certified statement that the way is public to accompany the case file to court.

Yes, I get what you're talking about. However, I tend to doubt that's the case here as the neighborhood has been there for quite a long time. Also, areas along the water like that tend to work in fundamentally different ways than a new development further inland. FWIW, here's a map of the area:

http://www.zillow.com/quitnesset-chatham-ma/houses/

It's quite possible that it's truly a private way. However, as I said, I do know of cases where people post signage saying an area is private when it really isn't.
 
So lets say we created an NES neighborhood, what would the sign say at the entrance?

"Welcome to NESville, firearms welcome"

"Warning all residents are heavily armed"

"NEStown Pop:45 Firearms: 3,429" [laugh]

That last number will have to be updated regularly. Gets expensive quickly.

Probably easier to simply label it "Thousands and thousands." [party]
 
These signs are fun to ignore. It might as well say "no pennies allowed." How would anyone there know if I have a penny in my pocket? Why would they care? And finally how does it infringe on their rights in any way if I did have a penny in my pocket?

Ignore all signs and carry wherever you please.
 
These signs are fun to ignore. It might as well say "no pennies allowed." How would anyone there know if I have a penny in my pocket? Why would they care? And finally how does it infringe on their rights in any way if I did have a penny in my pocket?

Ignore all signs and carry wherever you please.

I would never do such things!
 
I hope the town snowplows honor such private way signs.

Private ways in Chatham are plowed if maintained to town DPW specs Rob.

TOWN OF CHATHAM
PRIVATE ROADS SNOW REMOVAL POLICY
The following are the minimum standards to prevent damage to Town equipment during snow and ice removal. If private
roads do not meet these requirements for the winter of 2013 / 2014, plowing and sanding services will not be provided.

The travel lane for any private road shall be no less than (12) feet wide.

Roadside clearance of any obstacles including vegetation shall be no less than two (2) feet either side.

Height clearance shall be no less
than (12) feet from the road surface.

There must be ample room for emergency vehicles to turn around if the road is a dead end.

Paved or unpaved private roads shall have no defects (potholes or ruts) exceeding two (2)
inches in depth.

All private ways shall have a visible street sign, and be open to the public.

The Highway Department will perform yearly inspections of all private roadways each September
and a re
-
inspection in the first week of December which will be posted in the Cape Cod Chronicle
 
I hope the town snowplows honor such private way signs.

I hope the trash pickup actually goes down there.

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don't mind me sir, I'm just accessing the intertidal zone for fishing, fowling & navigation per the Colonial Ordinances of 1647 ;)
 
i actually did work on some of those homes. so did the tile guy and the painter. we shoot trap together.[rofl]what they don't know.....

kay jewelers had one of those signs in plymouth when i was in there. i had a silent laugh. then as im waiting for my wife another guy comes in with his fiancee. he had a nice keep calm and carry shirt on. i told him i liked his shirt. he looked as though he saw the sign too. and gave a chuckle
 
was driving around the cape with no itenary, no idea of where to go or what to do, just driving... we drove through Chatham, checked out all the big $$ houses on Morris island (and stage island) when we came across a "Private property, no tresspassing ABSOLUTELY NO FIREARMS ALLOWED" sign at the end of the road, before another road started

now obviously I wasn't carrying because I had to cross army corps of engineering property to get to the cape, but if I had I certainly would have turned around immediately and called the cops on myself

anyone ever seen something like this? to my knowledge there are more than a few houses down that road and I can't imagine it applies to home owners? the sign wasn't very specific

"I wasn't carrying because I had to cross army corps of engineering property to get to the cape" can you explain this?
 
I think you should test the sign. Go post this on DorchesterMattapanRoxburyShooters.com, and post this link http://www.zillow.com/homedetails/97-Tilipi-Run-St-Chatham-MA-02633/56775803_zpid/ and see what happens. [smile]

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"I wasn't carrying because I had to cross army corps of engineering property to get to the cape" can you explain this?

I did earlier but essentially:bridge is ace property. It was my understanding. That firearms are prohibited on said property. Which they are but apparently crossing the bridge was granted permission. Still forbidden on the canal and it's banks
 
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