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While I respect the right of people to choose, I value living in an HOA because it stabilizes property values. I've been on both sides of the HOA fence and I see the value to both. Living in an HOA is something of a small democracy (or dictatorship, depending on who you ask, and how the covenants affect them ). I knew the "rules" of the HOA when I came in, and I voluntarily agreed to abide by them.

I think we should keep this back on-topic: Namely an HOA has apparently tried to grandfather a rule that would restrict gun ownership rights to somebody running a legal business.

Tamie wrote:He either has hours he's open for business or he doesn't. I don't have much sympathy if he's trying to have it both ways.

Whoa, let's not judge too hastily -- we're openly speculating some things, and Andrew himself isn't on this thread, so nobody is speaking _for_ him (or his operating hours).

I think the key point here is that it appears that an HOA has passed an "after the fact" rule that he can't be in business, and that this rule is a direct affront (IMHO) on gun ownership as well, because it implies that buying/selling a firearm is a naturally unsafe act. By the HOA's reasoning, it would imply that you can't sell a gun privately from your home either.

Tamie wrote:

seamusTX wrote:FFLs are supposed to have a defined business premises and hours.

I don't think ATF allows "by appointment only" anymore. If he doesn't have business hours, he risks having his license revoked.

My understanding (and I'm SURE Jim will correct me if I'm wrong ) is that while you must maintain hours, you have no obligation to be open like a store is. The purpose for maintaining hours, to my understanding, is so that the ATF can schedule inspections during your business hours. I believe it's also done because the ATF wants to know that you are operating a legitimate business, rather than just getting an FFL so you can buy guns cheaply for yourself.

seamusTX wrote: FFLs are supposed to have a defined business premises and hours. However, I know some that don't have a sign, don't advertise, and basically invite customers individually. They do most of their business at gun shows.

Yup, that makes perfect sense. That's what I would do if I was starting out as well.

Through some crafty detective work (ok, I ran a couple of Google searches and mapped some locations), I found Andrew's email address and wrote to him. He welcomes any support he can get and it appears that he's reaching out to the TSRA and NRA already (he mentioned Charles' name, so I'm just kinda assuming he's talked to the Esteemed Mr. Cotton). He's on travel right now but will be back on Sunday, so perhaps he can clarify some information then (assuming his lawyers will let him speak of the topic)

If he's an FFL, I'm not sure how he could keep customers from walking in/out for a firearms transfer, since they have to fill out the form and have a background check to purchase a firearm.

Found an article, finally. Not as much details as I was hoping for:
http://weareaustin.com/fulltext/?nxd_id=65835" onclick="window.open(this.href);return false;

According to the report, the HOA did amend the rules in response to them finding out he was selling firearms. Hopefully the TSRA or NRA is helping him out.

Yeah, I understand. I don't know all the facts, so it's important to find out. The HOA in question is next to mine. My HOA states that you may operate a business so long as it's not "dangerous", but I would hardly describe selling firearms as dangerous, nor could I comprehend somebody (other than a rabid anti-gun nut) thinking it so (selling a personal firearm is a far more dangerous prospect, but they don't block that).

From what I _heard_, the HOA passed a resolution that you could not sell firearms from your home. However, the discussion seemed to revolve around whether the rule was created in response to this person's business, and whether they attempted to grandfather the rule. I mean, if I decided to operate as an FFL and I voluntarily agreed to live under an HOA's covenants that forbid it, I don't have a leg to stand on, but if they created the rule in an effort to put me out of business, I'd be calling my lawyer.

So, rather than speculating on all this, I'm trying to find something that approximates "facts" (and talk show jibber-jabber doesn't qualify )

So was listening to news this morning(KLBJ on AM, in case anybody was interested :-) , seems there's an FFL who wanted to operate out of his home from a subdivision in Pflugerville. The HOA told him he couldn't and the FFL is apparently suing. I was hoping to hear more, but had to get to work.

Problem is: I can't find anything to back this up in local news sites. Does anybody have a link? I'd love to know the details of this.