Help! I need a quick answer, please.

[DepoChick]

We have been having a few problems in our community over the last few days with the most recent being a 21-year old kid shooting himself in the head last night.

Some part-timer is now suggesting that all firearms be registered with the Office of the Property Owners Association! I know this can't be done, but need help with why. Well, I know why, but I need it artfully stated. I would like to post right under her if at all possible; hence, my SOS.

You can reply to this thread or PM me.

Thanks so much!

~Barb. (rich's wife)

[HiredGoon]

Is this what you're looking for??

TITLE 18
PA CRIMES CODES

§6120. Limitation on the Regulation of Firearms and Ammunition.

(a) General rule. No county, municipality or township may in any manner regulate the lawful ownership, possession, transfer or transportation of firearms, ammunition or ammunition components when carried or transported for purposes not prohibited by the laws of this commonwealth.

(a. l) No right of action.

(1) No political subdivision may bring or maintain an action at law or in equity against any firearms or ammunition manufacturer, trade association or dealer for damages, abatement, injunctive relief or any other relief or remedy resulting from or relating to either the lawful design or manufacture of firearms or ammunition or the lawful marketing or sale of firearms or ammunition to the public.

(2) Nothing in this subsection shall be construed to prohibit a political subdivision from bringing or maintaining an action against a firearms or ammunition manufacturer or dealer for breach of contract or warranty as to firearms or ammunition purchased by the political subdivision.

(b) Definitions.-As used in this section, the following words and phrases shall have the meanings given to them in this subsection:

"Dealer." The term shall include any person engaged in the business of selling at wholesale or retail a firearm or ammunition.

"Firearms." This term shall have the meaning given to it in section 5515 (relating to prohibiting of paramilitary training) but shall not include air rifles as that term is defined in section 6304 (relating to sale and use of air rifles).

"Political subdivision." The term shall include any home rule charter municipality, county, city, borough, incorporated town, township or school district

[DepoChick]

Thank you!

~Barb.

[headcase]

Is this what you're looking for??

TITLE 18
PA CRIMES CODES

§6120. Limitation on the Regulation of Firearms and Ammunition.

(a) General rule. No county, municipality or township may in any manner regulate the lawful ownership, possession, transfer or transportation of firearms, ammunition or ammunition components when carried or transported for purposes not prohibited by the laws of this commonwealth.

(a. l) No right of action.

(1) No political subdivision may bring or maintain an action at law or in equity against any firearms or ammunition manufacturer, trade association or dealer for damages, abatement, injunctive relief or any other relief or remedy resulting from or relating to either the lawful design or manufacture of firearms or ammunition or the lawful marketing or sale of firearms or ammunition to the public.

(2) Nothing in this subsection shall be construed to prohibit a political subdivision from bringing or maintaining an action against a firearms or ammunition manufacturer or dealer for breach of contract or warranty as to firearms or ammunition purchased by the political subdivision.

(b) Definitions.-As used in this section, the following words and phrases shall have the meanings given to them in this subsection:

"Dealer." The term shall include any person engaged in the business of selling at wholesale or retail a firearm or ammunition.

"Firearms." This term shall have the meaning given to it in section 5515 (relating to prohibiting of paramilitary training) but shall not include air rifles as that term is defined in section 6304 (relating to sale and use of air rifles).

"Political subdivision." The term shall include any home rule charter municipality, county, city, borough, incorporated town, township or school district

I don't believe there is anything stopping them from enacting a requirement to register firearms with the homeowners association. Just like I don't believe there is anything stopping you from completely ignoring them.

A property owners, or homeowners association is not one of the entities mentioned in 6120. They are private entities and not public government.

[HiredGoon]

Thank you!

~Barb.

you're welcome...BTW, here's a web link also... you might have to scroll down a little to see the text. Link.

[billamj]

As headcase pointed out that law only affects various government entities not private organizations such as a homeowner's association. Since they are a private group they have a right to enact any type of rules that they want and you have the right to ignore them. Having said that if they enact something like that and you ignore it, and they find out that you've ignored it, they would have the right to take action against you. Your best bet would be to get a lawyer and fight them on it tooth and nail.

[DepoChick]

Thanks, again. I didn't post that because I read it again before I did and realized that we are private so it didn't apply.

It just irks me as the attitude around here is that only PA State Police should be armed so, if trouble arises, they are only 25 minutes away. Our security guards are not armed and a trooper last night told our head security guard that there is no way that he would be working here unarmed. As we get more people moving here from places that I won't mention so I don't offend anyone, the more trouble we seem to be having.

This registry is probably in our upcoming future and we will fight it.

I do appreciate your collective help.

~Barb.

[JayBell]

I don't believe there is anything stopping them from enacting a requirement to register firearms with the homeowners association. Just like I don't believe there is anything stopping you from completely ignoring them.

A property owners, or homeowners association is not one of the entities mentioned in 6120. They are private entities and not public government.

you are completely correct.

Homeowners Associations are considered a CIVIL contract, and has nothing to do with any state/local or other kind of govt mentioned in 6120.

frankly, if the rest of the homeowner nazis vote that one in, you can comply, leave, or ignore it.

however, try bringing up everything else that should be registered, like expensive jewelry, tax documents, all OTHER possible weapons, and the liability that can fall on the HOA should they be robbed and all the records are stolen.

a centralized list of who has what would be very useful to thieves.

btw, a 21yr old is not a "kid", hes an adult, albeit a dead one, and old enough to know what happens when ya point a gun at yer head and pull the trigger.

stand firm, dont say IF you have any guns, but point out that what makes them think they have the RIGHT to demand such private information about you and your posessions? and if you DID have guns, you wouldn't tell them, as its not within the purview of the HOA to demand such info.

if they want to register all guns with the HOA, you want all thier tax and banking records, credit reports, and other such personal items to look over too.

i would NEVER live in a HOA, buncha nazis, every one.

[emsjeep]

If they had tried to ban all guns and conducted house to house searches and instituted armed checkpoints upon entering the neighborhood at least that would have been a logical step...how does registering a firearm make it less dangerous? Anyway...don't you need a permit or something to be poisting association business to a public forum?

[DepoChick]

If they had tried to ban all guns and conducted house to house searches and instituted armed checkpoints upon entering the neighborhood at least that would have been a logical step...how does registering a firearm make it less dangerous? Anyway...don't you need a permit or something to be poisting association business to a public forum?

Are you asking me if I need a permit to post something? I am going to pretty safely say no as this is not association business, number one, and number two, no.

Why would you think I would need a permit to post something?

~Barb.