HOA Bans Guns, AG Threatens Legal Action

Added: 2026-05-22

[00:00:00]A massive homeowners association in Florida of all places has enacted new rules that ban guns in all common areas of the neighborhood.

[00:00:16]Hello everyone and welcome back to the channel. Today's story comes to you guys out of sunny Florida where an HOA recently announced a neighborhoodwide gun ban that has even prompted a response from the local police. It's interesting because a couple years ago, I covered a story in which an HOA suddenly wanted to enact new rules banning gun ownership completely for all homeowners within the association, even in their homes. Oddly enough, that 2023 story also took place in Florida, and involved a woman writing into an Ask a Real Estate Attorney column saying her HOA was looking into banning gun ownership and asking if it was actually possible. The columnist, Gary Singer, responded saying that he thought it overstepped the board's authority, cited Heler, etc., but stated that the opinion would vary by attorney. His conclusion was it was a bad idea that would open them up for lawsuits, but that some lawyers would argue that these private community associations do have the authority to ban guns in common areas.

[00:01:17]We don't know what ended up happening in that situation, but now 2 and 1/2 years later, we have another HOA attempting something similar, though seemingly looking to limit it to common areas, which might be an easier legal cell, though still strange for Florida. Now, before I keep going on this story, today's sponsor is also based in sunny Florida, and that's Blackout Coffee Company, who partners with channels like mine and pro- Second Amendment groups like Goa, FPC, and the Second Amendment Foundation to bring you good coffee, tea, and hot chocolate for a good cause.

[00:01:52]They are running a 20% off Memorial Day sale right now across their whole site on everything except their coffee club, which honestly is already at a great set it and forget it low price that ships to your door automatically so you never run out of your favorite brews. To check them out and help support the channel, use my link down in the description.

[00:02:12]Also, as a side note, Liberty Toddler is behind the camera today and so there may or may not be some cameos. Hopefully you can't hear the dinosaurs. Back to this new development in Port St. Lucy, Florida. This happened in the Tradition Community, which is home to about 10,000 people and has its own parks, trails, and a dog park. Rather than just a development, it seems like it's a massive umbrella HOA that covers a whole bunch of other smaller HOAs and smaller neighborhoods. It's got retirement communities, regular non-aggger restricted communities, and it is set up more like its own town, even with a town square. It boasts lakes, restaurants, nature preserves, and even is getting its own school. On May 11th, the Tradition Community Association sent out a letter to its residents. Hello, Tradition residents. Summer is almost here and we hope you're all planning to enjoy all that the community and the beautiful South Florida weather has to offer. We wanted to take this time to share some important information with everyone. The board has recently approved a rule regarding the carrying of weapons in tradition community association common areas. We have enclosed a ratified copy for your reference. In essence, carrying of a firearm or other weapon, either openly or concealed, is not permitted in tradition community association common areas. The enclosed rule does call out specific exceptions. This rule applies even if you do have a concealed carry license for your weapon. We have also included an updated frequently asked questions sheet for your reference, covering many of the questions we routinely receive. We hope this information is helpful. Please feel free to contact our site office at blah blah blah should you have any questions. What those exceptions are, we don't know what those frequently asked questions are. We also don't know. But it's pretty telling that they put concealed carry in quotations and said, "Well, this rule applies even if you have a license and been through all of the legal hoops and FBI background checks and have that squeaky clean record that having a license to carry requires." Some residents were notably not happy about this, especially as according to those who spoke to local news, they were never notified that this rule was being considered or would be discussed at any board meetings. It just popped up out of the blue, fully ratified, taking residents by surprise. It seems to have been fueled by what some of these residents are calling an uptick in incidents. what they say is even more reason for them to want to be able to carry on walking trails and other areas like that rather than be disarmed. Now, it's not clear how the police got involved in this, but they did and understandably so. As who else is going to enforce this supposed ordinance, but law enforcement? The local police released a statement to their Facebook account telling residents that the rule is not a law or doctrine that came from them. The following statement is being issued on behalf of the chief of police for the Port St. Lucy Police Department regarding a recent communication distributed by the Tradition Community Association concerning firearms within certain community common areas. It is important to clarify that the letter distributed by the HOA is not a law ordinance or official directive issued by the Port St. Lucy Police Department or the city of Port St. Lucy. The Port St. Lucy Police Department enforces Florida state law, not private HOA policies or community association rules.

[00:05:54]PSLPD fully supports the constitutional rights afforded to all law-abiding citizens, including the rights protected under the Second Amendment. Responsible firearm ownership remains a protected right under both the United States Constitution and Florida law, and our officers will continue to uphold and protect those rights while enforcing the law fairly and impartially. As with any call for service involving private property concerns, officers evaluate each situation independently based on the totality of circumstances in applicable Florida law. While private property owners and associations may establish certain policies governing their properties, those policies do not constitute criminal violations and will not be enforced by the PSLPD.

[00:06:36]The Port St. Lucy Police Department remains committed to protecting the constitutional rights of our residents while ensuring the safety of our community through lawful, professional, and unbiased policing. Chief Nim Chickic, I'll guess, wants the community to know that PSLPD will always stand with the residents of Port St. Lucy, uphold the Constitution, and continue building trust through transparency, fairness, and integrity.

[00:07:04]Our mission remains simple. protect the rights of the people we serve while keeping Port St. Lucy one of the safest, strongest communities in Florida. It sounds to me like they're saying one, we are not enforcing this. It's not our job. And little kind of bit like they're saying it's not state law, so you don't necessarily have to follow it. In reality, the HOA could tell you that you have to leave whatever public areas, well, common areas, cuz we'll get to that in a minute. And if the person refuses to leave, maybe they can make a trespass call. I don't know how tradition would plan on enforcing this without the police. Like I I don't think they can kick you out of a house that you bought, but the police make it clear in this statement that whatever were to happen, it would not be a criminal matter and wouldn't come with criminal penalties, at least the carrying part. I would imagine it would be more like fines and things like that with a big butt.

[00:08:06]Attorneys consulted on the matter said, "Well, it's technically private property and state law only applies to public property, so they can do it, especially if they have fencing and signage and all of that." Because while people might own their homes or have um paid for them because with a property tax you never really fully own anything. That is an aside. The common areas are actually owned by Tradition Community Association which is a notfor-profit corporation.

[00:08:40]So all the walking trails and the parks and the common areas where residents might congregate or visitors might also come and congregate are technically private corporation property. Florida does have a preeemption law which prohibits any county, city, town or municipal ordinances, administrative regulations or rules adopted by local or state governments from banning gun ownership, possession, sale, storage, etc. But again, as the areas banning guns are privatelyowned and private businesses can do those sorts of things and and private homeowners can do those sorts of things, it technically doesn't fall under the statute.

[00:09:28]Because of that, a court challenge could actually be pretty tricky. There is of course an argument to be made that there is a difference between common areas owned by a corporation within a neighborhood, especially one of this size where they said something like the the lakes are like 500 acres alone and the nature areas are 300 acres and then you have 10,000 residents. That is pretty big. And you could make an argument that the individual homeowners have interest in those common areas.

[00:10:06]It depends how the judge in that situation would be looking at property rights. All right, guys. I actually have an update on this that just came in today. Florida's attorney general, James Umeer, has threatened legal action against the Tradition Community Association. While the rule doesn't violate the state's preeemption law, as I said, he said it does violate another state statute that says a company cannot discriminate against any employees or customers for exercising the Second Amendment. He posted a copy of the letter he sent to the HOA president this morning on X. It has been brought to my attention that Tradition Community Association, Inc., has adopted a rule prohibiting firearms in all common areas within its community. The association's board of directors unanimously resolved that no person shall carry or possess any firearm or other weapon whether open or conceal on any common area owned or maintained by the association. The new rule applies to all owners, tenants, guests, invitees, contractors, and other persons while on or within common area facilities, including but not limited to the town hall, town square, gazebo, splash pad, tot lot, dog park, parks, trails, storm water areas, and other portions of the common areas. This prohibition on lawful firearm possession in public areas violates Florida law.

[00:11:24]Section 490.2514E, 2514E Florida statutes provides that no private employer may terminate the employment of or otherwise discriminate against an employee or expel a customer or inviteee for exercising his or her constitutional right to keep and bear arms. The statute defines employer as any business that is a corporation or association that has employees. It defines employee as any person who is authorized to carry a concealed weapon or concealed firearm and works for salary, wages or other enumeration, is an independent contractor or is a volunteer intern or other similar individual for an employer. It defines inviteee as any business invite including a customer or visitor who is lawfully on the premises of a public or private employer. Under this section, the association as a registered notfor-profit corporation with employees is a private employer. Association staff and independent contractors, eg the general manager, property manager, assistant property manager, administrative assistant, accounting specialist, town hall venue coordinator, and maintenance workers are all employees under the statute and are authorized to carry a concealed firearm.

[00:12:35]Therefore, the association's employees cannot be terminated or discriminated against for exercising their constitutional right to keep and bear arms. Similarly, any person visiting the common areas, residents, potential residents, and guests alike are invitees under the statute and cannot be expelled for exercising their constitutional right to keep and bear arms. A homeowners association is not at liberty to adopt arbitrary or capriccious rules bearing no relationship to the health, happiness, and enjoyment of life of the various unit owners. The association's firearm resolution infringes upon a fundamental constitutional right and is unenforcable. Please certify to me in writing by June 1st, 2026 that the association will not enforce its rule regarding carrying of weapons on common areas. In the event the association refuses, my office will take appropriate action to enforce the law. This is not New York or California. In Florida, the right of the people to keep and bear arms shall not be infringed. The question is, is this enough to actually stop the policy? The statute he refers to is, aside from the part he quoted, mostly about keeping guns in vehicles and says people can't be expelled, fired, or discriminated against, but doesn't say that they can't be fined the way that HOAs fine for everything else.

[00:13:51]So, we'll see what happens there, if they respond, and if not, what the AG does about it. The association itself has been quiet over the controversy and hasn't been responding to requests for comment. I am not part of an HOA, so I don't know how easy or difficult it would be to vote these people out.

[00:14:11]Either way, I can't imagine criminals spend much time reading HOA summer newsletters or community rules boards before doing criminal activity. And in the end, this is all another reason why you would never catch me living in an HOA.

[00:14:27]All right, ladies and gentlemen, that is it for this video. Please like, share, and subscribe if you are new here. Even if you're not, because YouTube is deleting people's subscriptions. Ring that notification bell and leave a comment down below. Even better, bookmark my main page and go check on things there. I am still posting multiple times a week and even in postpartum time, I have videos stacked.

[00:14:50]So, I will be posting twice a week, even while I am off in newborn baby land. So, I am still here. I am not banned. Do that because I'm not popping in people's feeds. And as always, thanks for tuning in. Stay safe out there and happy shooting.

[00:15:09]All right, let's see if I can stand up.

[00:15:13]Oh man, it's the chair.

[00:15:17]Oh boy.