Discharge of firearms to prevent Feral Hogs

We live out in the county and have restrictions by our county that we cannot discharge firearms in a HOA Development property with less than 10 acres per lot.

Currently our CC&R's state:Section 26: No firearms of any caliber and no pellet guns or other guns using any type of propellant including gas or powder may be fired upon any lot, commons or street within this subdivision. However, hand pumped air guns shooting BB shot may be used within any regulations, if any, issued by the P.O.A.

The "Proposed" revision states: Section 26: No firearms of any caliber and no pellet guns or other guns using any type of propellant including gas or powder may be fired upon any lot, commons or street within this subdivision. However, hand pumped air guns shooting BB shot may be used within any regulations, if any, issued by the P.O.A. Notwithstanding the foregoing, the Whitewater Springs Board of Directors, after adopting formal rules and regulations, may authorized the discharge of shotguns within the Whitewater Springs Subdivision for the sole purpose of controlling wild hog populations within the Subdivision.

With this, the board is proposing to replace the old Section 26 with the new one.

My concern is our county has a County regulation on HOA's in the area where a lot is less than 10 acres we cannot discharge firearms. BUT our County Commissioners are meeting Tuesday to pass a one year resolution that will waive this ruling to allow us to hunt the Hogs here. Our board seems to think we must amend the CC&R's to do that!

Personally I think that it is not required to make a new revision because the laws of Supremacy should be taken into count, thus the County law will supersede our current CC&R's.

Please let me know what you think.

Respectfully.

Ken

An HOA cannot override a law. In the case of the hog hunting, the county is willing to give your association a one year exemption thus I say there is no need for an amendment that would override the county's 10 acre restriction.

The county does not specify OUR Specif HOA, just all HOA's

In both fence example (1) and the firearm rule, the HOA is being more restrictive. The HOA wins

Don't include the AZ-USA Fed fight over the border, that one isn't applicable because it is fulll of probable cause, racial profiling, Supremacy Clause and other Constitutional issues are at play.

Kenneth,

Even though my home is full of firearms I would strongly oppose firing guns anywhere around homes. Bullets do not always go where intended nor do they stop where intended. Allowing shotguns is an even bigger mistake as each shell contains numerous projectiles that disperse over distance. This is just a bad idea. Your association will likely end up with a dead kid shot by a drunk homeowner who thought that thing in the distance was a feral hog. The proposed amendment has nothing that would require the shooter to have a hunting license or other permit that requires some demonstration of training before blasting away.

I am curious about what you describe as "feral hogs." In Arizona we have a native animal called the Javalina. While some refer to them as pigs, they are actually related to wild boars and razorback hogs. Javalinas usually are fearful of humans and when people are injured by one it is usually because someone is trying feed one. A feral hog would be a domesticated swine that has reverted to the wild and I understand that they are a problem in certain parts of the country.

As others have said, your current CC&R's prohibit discharging firearms and will continue to do so even if the county amends their ordinance.

I think your association needs to look into other ways to deal with the hogs.

> In both fence example (1) and the firearm rule, the HOA is being more restrictive. The HOA wins

Yes. UNLESS the county rule includes language like "notwithstanding any more restrictive HOA rules..."

Your BOD is correct .... CCRs must be amended as they would be stricter than the 'county code'.