• bane_killgrind@kbin.social
    link
    fedilink
    arrow-up
    25
    arrow-down
    2
    ·
    6 months ago

    HOAs implement illegal rules all the time. They were literally first used to end run discrimination laws. It doesn’t even have to be insurance, it could be something else to frustrate gun owners lives. That’s the beauty of selective enforcement /s

    • EtherWhack@lemmy.world
      link
      fedilink
      arrow-up
      1
      ·
      6 months ago

      Illicit rule making being in their repertoire wouldn’t make it any more just (two wrongs, and everything) or enforceable, as the gun owner could easily just not abide by or pay it. Also, Making any regulation/fee or anything to “frustrate” gun owners could also be seen as harassment.

      There is no indication that the guy ever used or brandished the gun outside his home, which is where the HOA’s jurisdiction would be. Like I said, the HOA can’t do a damn thing about what goes on inside someone’s home. If they were to try, it would fall flat the minute it gets challenged especially with Kansas being one of the states having a castle doctrine which implies the possibile use of a gun (i.e. deadly force) for defense.

      The case is likely going to be about the castle doctrine and it’s limits on whether someone standing on your doorstep constitutes a threat, (which it doesn’t) along with trying to prove that the kid was trying to break in (this I doubt) which could justify an imminent threat.

      I am in no way on the side of the old man. I actually think he was completely in the wrong (also got off way too easy) and the kid was legitimately just at the wrong house.

      My opinion is the man should be evaluated for mental fitness and if unfit would be required to need a caretaker, of sorts. If no mental issues, be tried and convicted for the first degree assault (attempted homicide) charge.

      The HOA however does not have any actual stake in it that I’ve found, as the kid was shot from behind the storm door by the old man who was inside his house.

      • bane_killgrind@kbin.social
        link
        fedilink
        arrow-up
        1
        ·
        6 months ago

        It’s pissing into the wind to assume an hoa won’t do the wrong thing.

        There’s existing mechanisms to enforce fines.

        I’m not talking about this article just HOAs in general

        • EtherWhack@lemmy.world
          link
          fedilink
          arrow-up
          1
          ·
          6 months ago

          Yes. I’m not saying that they wouldn’t try to come up with bogus/farfetched regulations, but they legitimately cannot do anything about what goes on behind closed doors in someone’s house. To do otherwise would be a breach in that person’s right to privacy. It’d be like an HOA telling you, you have to vacuum/sweep/mop every other day, otherwise you can be fined. (or saying you can’t have sex on Sundays)

          HOAs do have some extralegal clout, but the right to privacy stops them from interfering in anything you do that isn’t openly visible. (i.e. Doing a meatspin in front of a window facing the street can be penalized, but taking a dump in your kitchen sink can’t, unless the sink is in front of a window facing the street and the blinds/curtains/shutters are open.)

            • EtherWhack@lemmy.world
              link
              fedilink
              arrow-up
              1
              ·
              6 months ago

              And if they do, they open themselves up to a lawsuit.

              But, in relation to the story. It’s a gun owning, likely conservative (and MAGA’d), prejudicial old white man with nothing better to do but watch his balls sink lower and lower. Harassing him or his money with BS regulations for him having a gun in his house will just have him spend the huge amount of free time he has fighting them and likely filing a claim/s against the HOA

              • bane_killgrind@kbin.social
                link
                fedilink
                arrow-up
                1
                ·
                6 months ago

                they open themselves up to a lawsuit.

                Similarly to some retiree, the HOA can drag out court by virtue of being funded by all the home owners.