Could you imagine if the thing that kills HOAs ended up being liability for the actions of their members?
Go Ralph go!
That would be great, but police can barely take a person’s guns away if they aren’t actively involved in a crime. I’d be shocked if a court found an HOA to have that power. I’m not against it but I don’t even think the Supreme Court of 12 years ago would do for it, much less this Supreme Court.
It wouldn’t be “no guns”, it would be “carry this insurance if you have guns” and then fining the people who don’t or won’t carry the insurance.
I doubt that fine would be legal. The most I’ve seen is just a standard requirement for a license/permit (i.e. legal ownership), and maybe restricting open/concealed-carry in the neighborhood (but outside the house. Inside your house is out of the HOA’s grasp, though.)
https://vinteum.io/security/qas-about-guns-in-your-hoa/
Edit: Kansas actually doesn’t require any license or permit to buy or own a gun. https://en.m.wikipedia.org/wiki/Gun_laws_in_Kansas
I’d be shocked if a court found an HOA to have that power.
Courts have pretty consistently found that HOA’s have more power than local authorities. That’s why they can set their own laughably restrictive bylaws.
Second amendment violations may not fly, but that’s a constitutionality problem, not a limit specifically on HOAs.
I hate HOA’s, but some people like them. Regardless of how I feel about HOA’s I still think it’s dumb as hell that they should have any sort of liability for a member of an hoa doing something like this.
The percentage of people I know that like HOAs is absurdly small, including neighbors and acquaintances from the last HOA I was in. Almost everyone I know hates them but is forced to deal with them because almost every neighborhood has one. Towns require them for new zoning because it allows them to pass the buck on code enforcement and then a handful of people love them because it lets them power trip The vast majority are just stuck with them due to lack of options.
I’ve ran into a lot of people living in them who like em. Some people are just anal about wanting to only see trimmed uniform lawns and no trashcans or broken down vehicles anywhere near them.
I think it’s dumb to let others have a say in what color I make my house or how long I can have a car sit as a driveway ornament.
That, or a developer buys a plot of land, makes a neighborhood with some amenities, and then it’s damn near impossible to kill because of those amenities. My HOA is pretty lightweight - half our budget pays the trash bill. But we do have a few plots of land that belong to the association, don’t even have any structures on them, and if the HOA were to dissolve someone would need to assume responsibility for those spots. I can only imagine what it would be like if we had a pool.
Yeah, that part of the suit will fail. But I think it’s worth trying to expand the dragnet of responsible parties regardless. The more people at risk of going to jail for shootings, the more people might support gun control.
It isn’t the same as parents getting jailed for their kid’s mass shooting. But I kinda feel a little bit like it’s still worth trying just to increase a societal sense of culpability.
I 100% disagree. There shouldn’t be any sort of dragnet for a crime beyond the people who did it or planned it.
Where does it stop? Blame the auto manufacturer for making a fast car used as a getaway vehicle for a robbery?
Blame the knife manufacturer for a stabbing? Blaming the company that sold the knife manufacturer the steel blanks, knowing they were getting made into knives? Blame the mining company that sold the iron ore to the steel company? It’s all an idiotic well of useless accountability. No one else should be accountable outside of the stabber. Same for guns, ammo manufacturers, steel factories, etc.
You can commit crimes with almost anything. Maybe I’ll shove kleenex down your throat until you pass out and you can sue kleenex for it.
Good. Adults need to be responsible and held accountable for their actions.
Shh. If there’s one thing “responsible gun owners” can’t stand, it’s being held responsible.
Gun enthusiasts here, does me wanting to “disarm” people for breaking gun safety rules count?
Because intruders always ring your doorbell before breaking in.
Not to justify the actions of the shooter, but ringing the doorbell before breaking in is definitely a thing. It’s a means of checking if the house is occupied - if you’re just trying to steal things, an unoccupied house is ideal, and if someone answers when you ring, it’s easy enough to make up an excuse and walk away.
A much better solution than a gun, though, is a security door (similar to a screen door, but more kick proof).
Yep. I was robbed at knifepoint by a couple of goons. They knocked politely first.
Outside the door? Cop problem. Inside the door? Your problem.
I hope this 84 year old piece of shit doesn’t die before this case concludes. Hard to believe it’s already been more than a year since this happened.
I wouldn’t be shocked if somehow the kid lands in jail
Considering he’s black and in America, he has a good chance of that anyway unfortunately, often for some low-level drug crime that would have gotten a white person at most community service.
Standing on someone’s porch is trespassing now? Better shoot the mailman.
