Running an FFL from your home.

[mdierickx]

So I had an interesting turn of events and wished the ATF would have mentioned this from the beginning, then again I can also see why they did not as that they do not want to be in the middle. I filled for my FFL license, to operate from my home, I thought it was going to be easy until the agent asked if the HOA was ok with it. I was shocked because, if the Feds, State, and City of Temecula, say its ok and I am approved, why would so much authority be given to the HOA? Well as expected the HOA denied my home run business, even though there are so many people running businesses from their homes. The only discriminator is that my business happens to be firearms. Long story short, they have their legal dept. involved, I hired a lawyer as well and now I have to incur the cost of office space. I don't mind getting the office space, just wish they mentioned ahead of time in the process that it is "advised" this be done in a commercially zoned area. Has anyone ran into this situation?

[Last2Die]

Temecula not far from at all. Trying to remember I think they wanted my HOA paperwork, I never had to ask them for permission. The tough part was getting zoning involved for the city of Menifee Business license. We went back and forth. At the end there was an understanding between myself and the new PD, ever since so far so good.

[CalifEd]

HOA's are funny, some are like a toothache funny.
They have so much power because the community gives them that power.
When you move in, you sign an agreement (a contract) to follow their rules, and pay them monthly fees.

Unfortunately some of the board members think it is their personal kingdom that needs protection or worse, a board member believes they are the anointed one and takes it as a duty to run the community to the letter of the CC&R's, no deviations or exceptions are allowed.

To add insult to the whole thing, if you sue the HOA, you not only pay your attorney fees but are paying the HOA's attorneys too. In some legal cases you (the community members) get a special assessment for the attorney's bill.

[BONECUTTER]

Most homeowners associations will not allow business to run from the home. Not talking about IT/GD or just having your address be the HQ for the business. But having customers come to the house is bound to not be approved by an HOA. They know the neighbor Karen's will complain to the HOA Karen's and it will be ugly.

[Tyke8319]

Your CC&R's should have mentioned any restrictions homeowners would have to abide by. Home run business restrictions are not uncommon.

[bubbapug1]

You can try and document there are other home based businesses being run, and you are being singled out because of GUNS, and that you intend to ask the NRA or someone like that for help. If there is uneven application of the rules you have a leg to stand on.

You can also be elected to the board and try to get change that way,

[chevy_dog]

Just have you and your buddies elected to the board! should be easy as most homeowners never vote.

[ronlglock]

I tried to find the story but failed. A retirement community, I believe in Nevada or Florida, had been around for many years when a group of rich young professionals decided to move in.

They took over the board (because no one voted) and started levying fees for a new swimming pool, hot tub, outdoor BBQ, fully-equipped gym, function room with bar, mandatory cable TV/Internet etc. -- and priced all of the long time fixed-income owners out of the community.

So yeah, get involved with your HOA.

[Elite Armory]

So I had an interesting turn of events and wished the ATF would have mentioned this from the beginning, then again I can also see why they did not as that they do not want to be in the middle. I filled for my FFL license, to operate from my home, I thought it was going to be easy until the agent asked if the HOA was ok with it. I was shocked because, if the Feds, State, and City of Temecula, say its ok and I am approved, why would so much authority be given to the HOA? Well as expected the HOA denied my home run business, even though there are so many people running businesses from their homes. The only discriminator is that my business happens to be firearms. Long story short, they have their legal dept. involved, I hired a lawyer as well and now I have to incur the cost of office space. I don't mind getting the office space, just wish they mentioned ahead of time in the process that it is "advised" this be done in a commercially zoned area. Has anyone ran into this situation?

Just a friendly word of advice, if you wait for DOJ, ATF, ITAR, Franchise Tax Board, etc to advise you on what another entity may need, you will have a long up hill road ahead of you. Consider any accurate information any of them give you regarding other entities a gift and not an expectation. Alot of times there are just way too many laws and regulations to list off to every customer/applicant based on their unique situations.

[Hateca]

So I had an interesting turn of events and wished the ATF would have mentioned this from the beginning, then again I can also see why they did not as that they do not want to be in the middle. I filled for my FFL license, to operate from my home, I thought it was going to be easy until the agent asked if the HOA was ok with it. I was shocked because, if the Feds, State, and City of Temecula, say its ok and I am approved, why would so much authority be given to the HOA? Well as expected the HOA denied my home run business, even though there are so many people running businesses from their homes. The only discriminator is that my business happens to be firearms. Long story short, they have their legal dept. involved, I hired a lawyer as well and now I have to incur the cost of office space. I don't mind getting the office space, just wish they mentioned ahead of time in the process that it is "advised" this be done in a commercially zoned area. Has anyone ran into this situation?