Quote:
Originally Posted by Statkowski
Two ways of removing the objectionable contractual bylaws:
a. Have the homeowner's association remove the rules.
b. Hire an attorney specializing in contract law and sue the HOA as having a contract bylaw that restricts one's civil rights (Article 1, Section 21 et al) and offends public policy.
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I'm not well learned in HOA rules, but to the best of my knowledge general contract law still appllies. That means any provision contrary to public policy would be unenforcable.
Now,the tough part, is proving that banning guns is contrary to public policy. I have sparred with many legal professionals (some on this board) who say it is impossible. I think it is possible, but a longshot. Maybe in the wake of Heller there will be some sort of judicial awakening to gun rights.
There is some very good precedent in PA to support such an argument, including the state constitution, legislative findings, state law, and some very old PA Supreme Court decisions from the 1800's (yes they are still good law - just because your modern attorney won't look at any case law prior to 1945 doesn't mean it still isn't good law.)
One thing is for sure - it will be one hell of a fight and will cost your friend a lot of money. You can expect lengthy proceedings at the trial court level (that is if the judge takes you seriously and doesn't kick your case in preliminary objections) and some action in the appellate courts.
Unless he is independently wealthy or is gunning to make a point, I would suggest he just stick his gun inside his pants and keep his mouth shut.