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Posted: 10/1/2019 10:21:59 PM EDT
[#1]
I'm about to start the home based FFL deal once I get my EIN and llc paperwork from my attorney.
No HOA to deal with, but how did you get by zoning? |
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Posted: 10/1/2019 10:27:03 PM EDT
[#2]
They said no retail. I said "ok". I put on my business license machining and gunsmithing, so I didn't send up any red flags with "gun business". I honestly don't need to be able to do transactions at home anyway. My focus will be custom pistols.
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Posted: 10/2/2019 2:33:43 PM EDT
[#3]
Quoted:
So I got my LLC, city business license and surprisingly got past the zoning hurdle. My HOA covenants are pretty restrictive on home business. Will the IOI ask about it during the inspection? Whether the IOI asks or not, you signed the application and likely indicated on Question 20 that you may lawfully conduct business at your premises. The IOI most likely will check before your meeting/inspection. If your HOA covenants prohibit a specific type of business activity, you can't violate that. That would be cause for revocation of your FFL. |
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Posted: 10/2/2019 2:36:54 PM EDT
[#4]
Quote HistoryQuoted:
They said no retail. I said "ok". I put on my business license machining and gunsmithing, so I didn't send up any red flags with "gun business". I honestly don't need to be able to do transactions at home anyway. My focus will be custom pistols. |
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Posted: 10/2/2019 4:04:38 PM EDT
[#5]
Quote HistoryQuoted:
Likely the HOA doesn't want a stream of customers or a flashing neon GLOCK logo in your front window. But you need to pin them down on exactly what is mean't....because your IOI may ask....."Uh, Assaulter wants to be licensed as a gun dealer and manufacturer, is the HOA okay with that?". Imagine the answer he will get. |
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Posted: 10/2/2019 4:07:54 PM EDT
[#6]
Quote HistoryQuoted: That's the thing. Obviously, having customers come to the house is not going to work, and I'm ok with that. My plan is to build custom pistols and they can be transferred through another dealer. I just want to manufacture on a very small scale. I just don't know what to expect the IOI to ask and what paperwork they will want to see in regard to the HOA. If you live under a HOA agreement you signed, there is really no way around getting the answers you will need to have. |
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Posted: 10/2/2019 4:36:17 PM EDT
[#7]
That's what I'm trying to find out. What are they going to ask, and what do they want to see? I just talked to a regional IOI who said they don't as a matter of course look into HOA's unless it comes up for some other reason. She made it sound like it wasn't a big deal. But, I want to be as prepared as possible.
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Posted: 10/2/2019 5:51:03 PM EDT
[#8]
Quote HistoryQuoted:
That's what I'm trying to find out. What are they going to ask, and what do they want to see? Quote HistoryQuoted:
That's what I'm trying to find out. What are they going to ask, and what do they want to see? If the IOI asks you "does your HOA allow this kind/type of business and what restrictions, if any are there?" You damned well better know the answer and have documentation. If they take your word for it, the IOI is an idiot and not doing their job. I just talked to a regional IOI who said they don't as a matter of course look into HOA's unless it comes up for some other reason. She made it sound like it wasn't a big deal. But, I want to be as prepared as possible. |
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Posted: 10/2/2019 9:42:11 PM EDT
[#9]
Quote HistoryQuoted:
I gave you your answer above. Your HOA covenants will detail what kind and type of businesses are permitted. If you haven't reviewed them you need to do that immediately. Waiting to see if the IOI asks you questions may be too late (if the IOI does their job and checks with the HOA). If the IOI asks you "does your HOA allow this kind/type of business and what restrictions, if any are there?" You damned well better know the answer and have documentation. If they take your word for it, the IOI is an idiot and not doing their job. I know they DO CHECK in the Dallas area. I do the local transfers for an FFL whose HOA rules prohibit walk up customers. In fact, the IOI often knows your zoning and HOA restrictions before they ever show up for your inspection. Quote HistoryQuoted:
Quoted:
That's what I'm trying to find out. What are they going to ask, and what do they want to see? If the IOI asks you "does your HOA allow this kind/type of business and what restrictions, if any are there?" You damned well better know the answer and have documentation. If they take your word for it, the IOI is an idiot and not doing their job. I just talked to a regional IOI who said they don't as a matter of course look into HOA's unless it comes up for some other reason. She made it sound like it wasn't a big deal. But, I want to be as prepared as possible. |
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Posted: 10/2/2019 9:49:54 PM EDT
[#10]
Quote HistoryQuoted:
So did they issue his license with the stipulation of no transfers at his residence? |
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Posted: 10/2/2019 9:52:25 PM EDT
[#11]
Quote HistoryQuoted: Whether the IOI asks or not, you signed the application and likely indicated on Question 20 that you may lawfully conduct business at your premises. The IOI most likely will check before your meeting/inspection. If your HOA covenants prohibit a specific type of business activity, you can't violate that. That would be cause for revocation of your FFL. |
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Posted: 10/2/2019 10:10:52 PM EDT
[#12]
Quote HistoryQuoted:
HOAs have nothing to do with the law. Purely a contractual agreement. Quote HistoryQuoted:
Quoted: Whether the IOI asks or not, you signed the application and likely indicated on Question 20 that you may lawfully conduct business at your premises. The IOI most likely will check before your meeting/inspection. If your HOA covenants prohibit a specific type of business activity, you can't violate that. That would be cause for revocation of your FFL. In most states, including Texas, the authority of an HOA is codified in state law: Texas Property Code and HOA laws by state overview |
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Posted: 10/2/2019 10:23:00 PM EDT
[#13]
Quote HistoryQuoted: HOAs have nothing to do with the law. Purely a contractual agreement. |
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Posted: 10/4/2019 8:17:35 AM EDT
[#14]
This is the business use subparagraph from my HOA covenant (emphasis mine)...
No Lot or Improvement shall be used for business, professional, commercial or manufacturing purposes of any kind. No activity, whether for profit or not, shall be conducted which is not related to single-family residential purposes. No noxious or offensive activity shall be undertaken within the Project, nor shall anything be done which is or may become an annoyance or nuisance to the neighborhood. Nothing in this subparagraph shall prohibit an Owner's use of a residence for quiet, inoffensive activities such as tutoring or giving music or art lessons so long as such activities do not materially increase the number of cars parked on the street or interfere with adjoining homeowners' use and enjoyment of their residences and yards. Thoughts on would I pass muster? |
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Posted: 10/4/2019 8:20:44 AM EDT
[#15]
Quoted:
So I got my LLC, city business license and surprisingly got past the zoning hurdle. My HOA covenants are pretty restrictive on home business. Will the IOI ask about it during the inspection? |
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Posted: 10/4/2019 9:11:40 AM EDT
[#16]
The intent of HOA rules is to restrict and control the parking of cars and traffic.
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Posted: 10/4/2019 9:47:10 AM EDT
[#17]
HOA's can go fuck themselves.
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Posted: 10/4/2019 1:13:16 PM EDT
[#18]
Quote HistoryQuoted:
The intent of HOA rules is to restrict and control the parking of cars and traffic. More than just “parking cars and traffic “ |
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Posted: 10/4/2019 1:14:39 PM EDT
[#19]
Quote HistoryQuoted:
HOA's can go fuck themselves. |
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Posted: 10/4/2019 4:42:33 PM EDT
[#20]
Come on, this isn't a FHOA thread. Go to GD for that, please.
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Posted: 10/4/2019 7:05:53 PM EDT
[#21]
Quote HistoryQuoted:
This is the business use subparagraph from my HOA covenant (emphasis mine)... I would only intend to do transfers. I live in a semi-cul-de-sac and have a front facing driveway that is always clear. Thoughts on would I pass muster? Quote HistoryQuoted:
This is the business use subparagraph from my HOA covenant (emphasis mine)... No Lot or Improvement shall be used for business, professional, commercial or manufacturing purposes of any kind. No activity, whether for profit or not, shall be conducted which is not related to single-family residential purposes. No noxious or offensive activity shall be undertaken within the Project, nor shall anything be done which is or may become an annoyance or nuisance to the neighborhood. Nothing in this subparagraph shall prohibit an Owner's use of a residence for quiet, inoffensive activities such as tutoring or giving music or art lessons so long as such activities do not materially increase the number of cars parked on the street or interfere with adjoining homeowners' use and enjoyment of their residences and yards. Thoughts on would I pass muster? Transfers?.........yeah, you are going to materially increase the number of cars and foot traffic in front of your house. (I do  )
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Posted: 10/4/2019 7:12:13 PM EDT
[#22]
Your IOI will more than likely check with your HOA. They are pretty thorough.
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Posted: 10/6/2019 2:23:00 PM EDT
[#23]
I went through this with my HOA. The president really didn't mind but their lawyer didn't want to draft the letter the ATF wanted.
I found a self storage facility with office space for $200 / month. Best decision I ever made. Free electricity and wifi, and the leasing manager signs for all of my packages. |
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Posted: 10/6/2019 5:56:56 PM EDT
[#24]
When i moved to my new neighborhood with an HOA, I sent them a letter beforehand and told them what I wanted to do. My covenant has the same type of "no retail" language. I got a letter back saying i was good to go. When my IOI showed up to do my re-brief she asked me if I had an HOA and asked for their contact info. I provided the info and a copy of their approval when she showed up for my inspection. She told me she had called them (I didn't confirm that) but still good to go.
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Posted: 10/7/2019 7:13:18 PM EDT
[#25]
Looks like they are harder on you Texas boys.
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Posted: 10/28/2019 12:30:53 PM EDT
[#26]
Should have the license in 2-4 weeks.
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Posted: 12/13/2019 5:05:06 PM EDT
[#27]
Quote HistoryQuoted:
Should have the license in 2-4 weeks. Thanks in advance. |
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Posted: 12/13/2019 5:07:54 PM EDT
[#28]
Quote HistoryQuoted:
Congrats for your license Assaulter. I am looking for a home base FFL. Is this site helpful https://www.ffl123.com/ffl-cost/ to get a license? Thanks in advance. Quote HistoryQuoted:
Quoted:
Should have the license in 2-4 weeks. Thanks in advance. |
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Posted: 12/13/2019 6:58:52 PM EDT
[#29]
Quote HistoryQuoted:
No, don't waste your money. Everything you need to know is on the BATFE web site. Quote HistoryQuoted:
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Should have the license in 2-4 weeks. Thanks in advance. |
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Posted: 12/13/2019 9:32:58 PM EDT
[#30]
Quote HistoryQuoted:
Or in this forum, if you search. Quote HistoryQuoted:
Quoted:
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Should have the license in 2-4 weeks. Thanks in advance. |
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