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HOA prevents homeowner from starting gun business
A man in Pflugerville said his homeowners association is unfairly targeting him. It has nothing to do with an un-kept yard.
The homeowners association calls it a safety issue.
Andrew Clements lives in the Falcon Pointe subdivision. He wants to start a new Internet business based out of his home. Clements would like to sell hunting rifles and firearms to hunters and law enforcement.
Clements said there would be no customers walking in or out of his house and no business signs posted outside. He would make deals selling the weapons online, but Clements said he may store some guns at his house.
"I'm just an entrepreneur, " Clements said. "Wanted to do something that I enjoyed which involved hunting, firearms supplies."
Clements claims he received approval from the agencies that regulate the sale of firearms, but his homeowners association found out about his business plan.
"As soon as they got wind that firearms were involved, they just totally, in my opinion, freaked out," Clements said.A lawyer who represents Falcon Pointe Association sent a statement to KEYE which said, "The Association enacted a prohibition against operating a home based firearms sales business and did so in the best interest of the residents in the neighborhood."
Neighbors said they did not receive any heads-up about the amendment to the existing rule on home-based businesses.
"I pay dues. I expect somebody to tell me something when you change something that major," neighbor Wayne Williamson said.
Clements plans to fight it.
"I consider it unconstitutional by the state level and at a federal level," Clements said. "To me, it's like them saying you can't worship how you want or you can't speak how you want."
The homeowners association said it stands by its decision.
There's no current regulation of homeowners association in Texas but that could change when state lawmakers meet next year.
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Comments
Grown adults should have rights, like carrying guns and voting. Clearly, you are not a grown man. One day things will catch up to you and your "The Man Is Trying To Get Me Down" mentality.
Now, let's get out there, find you a real job so you can stop this nonsense.
"One last time: The owner of this home signed TWICE (at closing AND when they handed him his pool key) that he agreed to the DCC&R's."
Look buddy, real men don't care what they signed, they know whats right. This is not the military you blind rule following retard.....they want to cover there ass toward future residental prospects, so they wont have to tell them there is a gun dealer in the hood.
Because most people are oblivious about gun control, like you, and just don't like being around them, which is fine, be a weak-o, government controlled Bee-atch..
Your right, His right to bear arms is not in question, but everyone else's are, it will be more difficult to bear arms if rules like these continue to happen, period.
And you seem to be convinced HOA’s deep pockets give them all the control (like normal “money = power” brainwashed Americans) when NRA Lawyers have already contacted him.
It is an INTERNET BASED BUSINESS no customers at his house, no signs, just an address.
Transactions will be from manufacture or wholesaler straight to the customers dealer, like a middle dealer, not always handling the guns, like a normal gun shop or dealer does.
He could easily sell guns privately from his house all day. He just wants them cheaper for himself and friends, and to make a small online business, simple.
You are in the back of the crowd revolting against unjust control; I am at the front.
I question authority; you obey it.
If you don't want to live in a deed restricted neighborhood where things like home based businesses, placement of sheds and standards of lawn care are enforced, pack your bags and boxes and move out to the country (or a place that isn't restricted). I'm sure FedEx/UPS will pick up your guns from any location, not just a quaint neighborhood surrounded by an elementary school, a middle school and a high school.
Mr. Clement's right to bear arms is not in question, its the fact that he's SELLING them from his home which is against the restrictions.
One last time: The owner of this home signed TWICE (at closing AND when they handed him his pool key) that he agreed to the DCC&R's.
- If any sales are regulated by private H.O.A. boards, over any citizen, anywhere, then the right to bear arms is more difficult to achieve.
- This is the main amendment making freedom a fully loaded, straight up true reality from government authority, with history showing less government control is better government control, in a nation ran by its people, not by its government, not by some H.O.A.…that’s democracy.
- Particularly when the H.O.A. board amended after the attempting party tried to open a home based internet business for firearms. They targeted him and amended a prohibition specifically against a firearm business, not just a home based internet business in general. *No vote was taken, or notification was given to the other residence.
- The H.O.A. board claims it is a “safety” issue to why it made the prohibition, when U.S. constitution already has an amendment to guarantee safety and control to citizens. Sound Fascist?
- We must revolt against anyone or group that wants you to not sell guns for everyone’s “best interest”, without taking any kind of vote. The nation agreed a long time ago that it WAS in everyone’s best interest to bear arms.
- There are already many crooked Federal/State regulations of firearms now days; do we really need private H.O.A. board dip[censored]ts doing the same?
If you don't care for the HOA, it's easy: Move Out. Find a neighborhood that isn't restricted so you can run your business. You'll also be able to watch your property value plummet.
You can't allow one person to get away with something and not the next guy. What about the guy who wants to use his garage as a T-[censored]rt printing press? Nope, he can't. The same rule applies to all residents.
Also, it should be noted that the "business from a home" restriction is written into about 90% of HOA's DCC&R's, so good luck finding a nice place to live that will allow you to have your quack business operating from your home.
I hope Mr. Clements realizes that the HOA has pretty deep pockets and in the end he'll have to set up shop someplace else.
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