Pennsylvania Firearm Owners Association
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  1. #41
    Join Date
    Mar 2007
    Location
    Allentown, Pennsylvania
    (Lehigh County)
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    39
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    Default Re: HOA Restrictions

    After doing some research, my statement is pure speculation on my part. I could find no PA case law precedent regarding the constitutionality (state or federal 3rd district) of firearm bans by landlords, section 8 or not. It appears nobody's ever challenged it or at least hasn't appealed it above the lower level kangaroo courts. By plain reading of our State Constitution such prohibitions should not stand for section 8 landlords but I'm not a Supreme Court judge so my opinion doesn't mean jack.
    Any mission, any conditions, any foe at any range.
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  2. #42
    Join Date
    Oct 2012
    Location
    Douglassville, Pennsylvania
    (Berks County)
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    Default Re: HOA Restrictions

    I would expect that most people in section 8 housing would be prohibited persons anyway.
    Gender confusion is a mental illness

  3. #43
    Join Date
    Jan 2011
    Location
    Oh so close to the Delaware River!, New Jersey
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    Default Re: HOA Restrictions

    Which community are we talking about?

  4. #44
    Join Date
    Nov 2013
    Location
    Erie (Harborcreek), Pennsylvania
    (Erie County)
    Posts
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    Default Re: HOA Restrictions

    Quote Originally Posted by General Geoff View Post
    After doing some research, my statement is pure speculation on my part. I could find no PA case law precedent regarding the constitutionality (state or federal 3rd district) of firearm bans by landlords, section 8 or not. It appears nobody's ever challenged it or at least hasn't appealed it above the lower level kangaroo courts. By plain reading of our State Constitution such prohibitions should not stand for section 8 landlords but I'm not a Supreme Court judge so my opinion doesn't mean jack.
    The precedent is that a government owned facility cannot ban firearms, but there is no precedent for a privately owned property. So it is not whether it is legal or not, just never been tested in court. BTW Why is this thread even still going? I answered the original question on the second page of the thread. Tell the HOA board to go pound salt. But suing them sucks, because you are suing yourself, in essence. So.....sue them, settle after their lawyer tells them they can't ban guns, then move. :-) Speaking from experience. Someone did this to us when I was president of Condo association board, after it was turned over (dumped on) us by the builder who controlled the Association the first five years. He got a nice settlement, after two years (during which nobody could sell their condo except for cash) then moved. The prick didn't even need the money. He was just being the prick he was.

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