Home based FFLs and HOAs

[BT JUSTICE]

Anyone here have any experience with their HOA and starting a home based FFL?

Where I live, the building department won't give me a zoning clearance without the HOA's approval. Makes me hate my HOA even more...

I'm fairly confident the HOA will give me a pass, since I mainly want to do gunsmithing, but I'm gonna be pretty peeved if their little empire stops me from starting my business. It's bad enough I need their permission to paint the place and plant a damn bush...

Rant off.

[Whiterabbit]

first thing I said to my realtor when I bought. No HOA. Not subject to discussion or debate.

Anyways, zoning? for gunsmithing? are you trying to build an outbuilding? I'm not sure I understand what you are trying to do that would get you noticed by your HOA.

[BT JUSTICE]

Prior to getting an FFL, I need a zoning clearance or business license from the city or county stating "valid for retail sale of firearms". County won't give me one unless the HOA buys off on it.

I swore I'd never live in one of these little mini-kingdoms, but here I am...can't wait to get out!

[Whiterabbit]

I hope you are friendly with your HOA!

[Bushwack44]

First off, what kind of HOA is it? If its a PUD (Planned Unit Development, where homes are detached), I don't see a problem. If the HOA is an apartment-style building, then the first problem you have are written in the CC&Rs. Most CC&Rs do not allow for home-based businesses, but to an extent that is a gray area.

With that said, I'm not sure what zoning would have to do with getting an FFL. Have you read this statute? It might be worth getting a legal opinion or, getting clarification from your local city councilperson (whose support can go make a big difference).

[kemasa]

I think that I heard somewhere that the government can not demand approval from the HOA. If you violate the CC&Rs, that is an issue between you and the HOA.

[ArmsUnlimited]

100% they can and will ask for hoa approval. It happened with ATF and a customer of mine in Florida.

[ugimports]

100% they can and will ask for hoa approval. It happened with ATF and a customer of mine in Florida.

But is it legal? The ATF can ask to see my DROS papers during an audit, but it doesn't mean I have to show them.

[BT JUSTICE]

I meet with the HOA tomorrow, so I hope to know more then.

[ArmsUnlimited]

ATF requires that the landlord have knowledge of your firearms business if you are renting a building. So if you own a property that is managed by a HOA that property is subject to their rules and regulations. You must have written consent from the HOA the same way you need written consent from your landlord if you are renting your building.

[kemasa]

There is a difference, which is that the OWNER of the property must approve. A HOA is not the owner of the property.

[BT JUSTICE]

HOA was pretty cool about it. They asked about my security system and they were concerned about me test-firing guns in my yard!! Now I need the county to sign off, then my packet goes off to ATF.

[SonofWWIIDI]

Get out if their little dick-tatorship!

[BT JUSTICE]

We're working on it...I can't wait!