Because HOAs are private corporations, the Second Amendment does not apply.
Just wait until the gun control lobby figures out how they can ban guns for 1/5 of the population without having to change a single law. About 60 million Americans live in "common interest communities." And the number is growing, since governments require almost all new housing to be in some form of HOA, leaving consumers with little choice.
Such a situation would be what former HOA lawyer Evan McKenzie referred to as
As Kerry Howley wrote in the November 2009 issue of Reason, "Not every threat to liberty is backed by a government gun."
PS -- Not gun related, but if you continue reading Dave Nalle's editorial, the second story is about an army captain whose home was foreclosed upon by his H.O.A. while he was deployed in Iraq.
http://www.examiner.com/examiner/x-...ners-Associations-and-Protect-Property-Rights
It's time to regulate homeowners associations and protect property rights in Texas
May 22, 10:53 AM
Austin Public Policy Examiner
Dave Nalle
...
In Pflugerville, Andrew Clements has become the target of persecution from the board of the Falcon Pointe subdivision because of his politically incorrect career choice. No, he's not skinning animals in the front yard or building his own nuclear reactor. He's running an Internet business where no customers come to his house and nothing he does is visible to his neighbors. Yet he has been threatened by his Homeowners Association and prohibited from earning a living as he chooses, despite the fact that there were no rules prohibiting home businesses in the neighborhood at the time he bought his home.
Clements' great transgression is that his business of choice — his method of earning a living in these lean times — is to sell firearms to hunters and law enforcement. It's a perfectly legal business. He has the right permits from the federal government. He has broken no state or federal laws and his business is protected by both the Second and Fourth Amendments to the Constitution. But none of that seems to protect him from the Falcon Point HOA which has passed a rule specifically prohibiting residents from buying and selling firearms in the neighborhood, a rule written specifically to target just one homehowner, Andrew Clements.
Just wait until the gun control lobby figures out how they can ban guns for 1/5 of the population without having to change a single law. About 60 million Americans live in "common interest communities." And the number is growing, since governments require almost all new housing to be in some form of HOA, leaving consumers with little choice.
Such a situation would be what former HOA lawyer Evan McKenzie referred to as
"repressive libertarianism," where certain people who call themselves libertarians invariably side with property owners who want to limit other people's liberties through the use of contract law. Property rights (usually held by somebody with a whole lot of economic clout) trump every other liberty. The libertarian defense of HOAs is the perfect example. The developer writes covenants and leaves. Everybody who lives there has to obey them forever, even if they lose due process of law and expressive liberties.
As Kerry Howley wrote in the November 2009 issue of Reason, "Not every threat to liberty is backed by a government gun."
PS -- Not gun related, but if you continue reading Dave Nalle's editorial, the second story is about an army captain whose home was foreclosed upon by his H.O.A. while he was deployed in Iraq.