SB 741 - HOA Regulation of Firearms and Ammunition

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Papa_Tiger
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SB 741 - HOA Regulation of Firearms and Ammunition

#1

Post by Papa_Tiger » Tue Feb 12, 2019 9:03 am

https://capitol.texas.gov/BillLookup/Hi ... Bill=SB741

Strips any power HOAs have to regulate the possession, transport, or storage of firearms, firearms parts and ammunition or the lawful discharge of a firearm.

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PriestTheRunner
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Re: SB 741 - HOA Regulation of Firearms and Ammunition

#2

Post by PriestTheRunner » Tue Feb 12, 2019 10:01 am

Papa_Tiger wrote:
Tue Feb 12, 2019 9:03 am
https://capitol.texas.gov/BillLookup/Hi ... Bill=SB741

Strips any power HOAs have to regulate the possession, transport, or storage of firearms, firearms parts and ammunition or the lawful discharge of a firearm.
I like it!

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Re: SB 741 - HOA Regulation of Firearms and Ammunition

#3

Post by Liberty » Tue Feb 12, 2019 4:43 pm

Papa_Tiger wrote:
Tue Feb 12, 2019 9:03 am
https://capitol.texas.gov/BillLookup/Hi ... Bill=SB741

Strips any power HOAs have to regulate the possession, transport, or storage of firearms, firearms parts and ammunition or the lawful discharge of a firearm.
I didn't know HOAs had any of these powers to strip them of. Is this a real problem anywhere in Texas?
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Re: SB 741 - HOA Regulation of Firearms and Ammunition

#4

Post by KLB » Tue Feb 12, 2019 5:28 pm

I've read anecdotal accounts of HOAs trying this. I also saw a law review article arguing such a ban would probably fail. https://www.stearnsweaver.com/blog/comm ... bear-arms/

Probably. An argument.

The bill's a good idea. Here's hoping it passes.


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Re: SB 741 - HOA Regulation of Firearms and Ammunition

#5

Post by strogg » Tue Feb 12, 2019 6:06 pm

This bill is very good news. I can't stand HOAs. I propose we introduce a new bill that eliminates HOAs and leave blight enforcement to the city. But that's just me.


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Re: SB 741 - HOA Regulation of Firearms and Ammunition

#6

Post by jordanmills » Tue Feb 12, 2019 6:12 pm

Not sure if this is a solution in need of a problem, but I'm down with anything that makes life harder for HOAs.


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Re: SB 741 - HOA Regulation of Firearms and Ammunition

#7

Post by Ruark » Tue Feb 12, 2019 6:14 pm

Whoa, whoa, whoa. Many, MANY subdivisions have HOA covenants (deed restrictions, CCRs, whatever you want to call them) prohibiting the discharge of firearms within their boundaries. Since they're outside of any city limits, shooting on your property be legal if this bill passes? Even on little 1/4- acre lots (ours is 7 acres)?

In a couple of months, for example, we're moving to a subdivision about 15 miles out of San Antonio, onto 7 acres. Lots out there are 5 to 7 acres. Of course, there's a prohibition of discharging any firearms within the subdivision boundaries. That's the only negative I have to living there.

This prohibition is EXTREMELY common among these rural subdivisions, almost universal. Can somebody clarify? This would be HUGE, unless I'm misunderstanding it.
-Ruark

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Re: SB 741 - HOA Regulation of Firearms and Ammunition

#8

Post by KLB » Tue Feb 12, 2019 8:42 pm

Actually, discharging firearms on small lots is not a good idea and would be a downside if the bill were to pass. I don't want yahoos carelessly shooting around me or my family.

I took a friend out to my rural land. Though he's ordinarily a person with common sense, he wanted to shoot up into the air. Though it's unlikely anyone would have been hit, it's not impossible. Also, there're lots of cows out there, and I want to stay on the good side of the owners.

Someone will get killed or hurt if subdivisions are opened to shooting.


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Re: SB 741 - HOA Regulation of Firearms and Ammunition

#9

Post by strogg » Tue Feb 12, 2019 11:43 pm

I don't think people shooting on property is really going too big of an issue. I unfortunately live in a subdivision too on a sub-acre lot as many of y'all do. I'm sure there's a provision in there that disallows firing of weapons, but that's irrelevant. City code here disallows the discharge of firearms in such circumstances anyway.

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Re: SB 741 - HOA Regulation of Firearms and Ammunition

#10

Post by Beiruty » Wed Feb 13, 2019 1:07 am

HOA, City and Counties cannot regulate anything related to firearms, only the state of Texas can.
I know of ordinance not allowing discharging firearm (unjustifed) in the city limit. But, that can be under deadly conduct, or disorderly conduct.
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Re: SB 741 - HOA Regulation of Firearms and Ammunition

#11

Post by PriestTheRunner » Wed Feb 13, 2019 9:50 am

Beiruty wrote:
Wed Feb 13, 2019 1:07 am
HOA, City and Counties cannot regulate anything related to firearms, only the state of Texas can.
I know of ordinance not allowing discharging firearm (unjustifed) in the city limit. But, that can be under deadly conduct, or disorderly conduct.
Not to mention it is already covered in law:
https://www.texaschlforum.com/viewtopic.php?t=20176
https://www.texaschlforum.com/viewtopic.php?t=75078
https://www.texaschlforum.com/viewtopic.php?t=46983
https://www.texaschlforum.com/viewtopic.php?t=92458

No reason to give HOA's more authority and the ability to upsurp the county...


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Re: SB 741 - HOA Regulation of Firearms and Ammunition

#12

Post by Ruark » Thu Feb 14, 2019 11:25 pm

All of those links refer to the code regarding municipalities. The HOAs I'm referring to are NOT within municipalities. They are rural subdivisions - you know those places with names like "Green Hills" or "Whispering Oaks" 10-15 miles outside the city limits.
-Ruark

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Re: SB 741 - HOA Regulation of Firearms and Ammunition

#13

Post by PriestTheRunner » Fri Feb 15, 2019 12:03 pm

Ruark wrote:
Thu Feb 14, 2019 11:25 pm
All of those links refer to the code regarding municipalities. The HOAs I'm referring to are NOT within municipalities. They are rural subdivisions - you know those places with names like "Green Hills" or "Whispering Oaks" 10-15 miles outside the city limits.
Yes, my point is that the restriction is already covered in the law. If the HOA deems it appropriate to control such things, they can petition and hold a public vote to create a municipality and then control things to their hearts content. As it is, basically everyone hates HOAs and would vote against incorporation, ergo they should have no power to act like a municipality...

Not to mention that they are inherently undemocratic as they are typically formed when there are very few residents in the subdivision, and are hard to change after creation...

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