Clements looks to sell guns through home business

By James Rincon

Pflag Reporter

A Pflugerville homeowners association approved an amendment that has at least one resident up in arms.

Andrew Clements has lived in Pflugerville for seven years operating an at-home business within the structured serenity of the Falcon Pointe planned community. Earlier this month Clements took steps to start a second business from his home selling guns online, but the HOA won’t let him pull the trigger.

“The HOA went out of their way to file an extra covenant to say I can’t have that type of business, but any other business is OK,” Clements said. “They don’t have a problem with all the Avon, Advocare, insurance people, but they’re going to be bias to a guy because they don’t like firearms.”

The Falcon Pointe board, managed by Realmanage property management company, amended its declaration of protective covenants by adding Section 12.24.2, which states:

“The business activity does not consist of the sale of fireworks, incendiary devices or material, firearm ammunition, or firearms, including but not limited to firearms of a size which may be concealed on the person, shotguns, rifles and semi-automatic weapons.”

Clements said the HOA’s actions came after he filed applications with all necessary local, state and federal regulatory bodies, and was waiting on approval from the Bureau of Alcohol, Tobacco, Firearms and Explosives.

And avid hunter and gun collector, Clements said it wasn’t until he asked ATF officials about what additional requirements exist to sell National Firearms Act firearms that the HOA became gun-shy.

“I asked the ATF guy what if I want to deal in things like machine guns, short barrels, suppressers for the police and the sheriffs, because they have it for the S.W.A.T. team,” Clements said. “I only applied for normal license. I never filed paperwork about NFA weapons.”

The HOA board approved its amendment May 13, shortly after Clements’ NFA inquiry.

“Number one, it’s discriminatory, number two it’s unconstitutional in my opinion,” Clements said.

Falcon Pointe issued a statement standing by its action.

“Falcon Pointe Community Association, Inc. is the homeowners association for the Falcon Pointe community in Pflugerville, Texas. The Association is committed to the safety and well-being of the residents within Falcon Pointe and to preserving home values and quality community living within the neighborhood. Recently, the Association enacted a prohibition against operating a home based firearms sales business. The Association made such decision in the best interest of the residents in the neighborhood and the entire Falcon Pointe community. The Association stands by its decision and will continue to uphold its commitment to serving the needs and interests of the residents within Falcon Pointe.”

jrincon@pflugervillepflag.com