Could you imagine if the thing that kills HOAs ended up being liability for the actions of their members?
Go Ralph go!
this post was submitted on 01 May 2024
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I'm a little hard.
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.
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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.
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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.
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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.
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Anyways this is part of why I support a legal duty to retreat. If you can shoot anyone on your property some people will do shit like this
Last I saw I thought he was also criminally charged since this was well outside the scope of castle doctrine or no duty to retreat. Both of them require a reasonable threat which was not present.
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Suing the HOA is an interesting one; I wonder if the rest of the residents in that HOA could sue as well, I mean, having a known psychopathic firearms enthusiast in the neighborhood must decimate the property values.
Maybe after the conviction they could have a bylaw like, "any owner housing a resident convicted of an armed assault will be fined $1,000 daily."
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Funny fact, "Stand your ground" is also the Law in Germany. And in 150 years of German Law there were exactly seven cases where "Stand your ground" was used to defend an violent act.
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Make that bitch homeless. The only reason you should ever be homeless for, being a racist POS. Merica's 🇺🇲🇺🇲🇺🇲🇺🇲🇺🇲🇺🇲🇺🇲
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The law being challenged for those interested (commonly known as "stand your ground" law)
21-5222. Same; defense of a person; no duty to retreat. (a) A person is justified in the use of force against another when and to the extent it appears to such person and such person reasonably believes that such use of force is necessary to defend such person or a third person against such other's imminent use of unlawful force. (b) A person is justified in the use of deadly force under circumstances described in subsection (a) if such person reasonably believes that such use of deadly force is necessary to prevent imminent death or great bodily harm to such person or a third person. (c) Nothing in this section shall require a person to retreat if such person is using force to protect such person or a third person.
I personally think it is pretty obvious that there was not "reasonable" cause to shoot someone simply since they rang your doorbell, but now it is up to a jury.
I also doubt this would be in the headlines if it was white man shooting white man or black man shooting black man. This really just seems like race baiting which isn't surprising in an election year I guess, moreso it's disappointing.
Lester, who later said he saw a large Black man at his door and was scared, shot through a glass storm door and then shot Yarl once again when he fell.
I don't think the media needlessly added race to it, the guys statement did.
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I'm also relatively confident that it wouldn't have happened at all had it been a white man ringing the doorbell, or a black man on the inside of that house.
Wild how the poster above terms suing a man for shooting you in an act of blatant racism as "race baiting" by the victim.
It's like his brain is on backwards and he knows racism is involved, but he can't acknowledge what actually happened so he has to blame the victim for it.
He's not saying the victim is race baiting (which wouldn't really make sense), he's saying the media is.
No, he literally replied to me saying the victim is race baiting.
If a man ~50 years younger than me that I don't recognize/know knocks on my door at night, regardless of his race, I would be concerned. Would I just shoot him? No. Would an 80 year old man just shoot him? apparently, I guess... But equating it to racism, without any evidence, is simple race baiting...
The old man is clearly in the wrong, that doesn't mean he is racist just because the kid was black
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Get em
Go for it, milk that old shmegeggie 'till the teats fall off.
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