‘Shall not be infringed:’ Florida HOA repeals new rule after pressure, AG says

PORT ST. LUCIE, Fla. – After putting pressure on a Florida HOA to change a new rule, Attorney General James Uthmeier announced on Thursday that the group has finally repealed the policy.

Last month, Uthmeier shared a notice that he sent to the HOA, identified as Tradition Community Association, Inc., in Port St. Lucie.

In the initial notice, Uthmeier said the HOA had unanimously resolved that “no person shall carry or possess any firearm or other weapon, whether opened or concealed, on any Common Area owned or maintained by the Association.”

Furthermore, Uthmeier explained that the new rule applies to everyone — owners and guests alike — when they’re in common areas like the town hall, splash pad, or dog park.

However, the attorney general also claimed that this violates Florida state statutes, which provide that employers discriminate against employees or expel customers for exercising their Second Amendment rights.

“This is not New York or California,” he wrote. “In Florida, the right of the people to keep and bear arms shall not be infringed.”

Per the notice, Uthmeier argued that residents and guests are considered “invitees” under that law, meaning the HOA isn’t legally allowed to expel them simply for bearing arms.

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As such, he demanded that the HOA certify to him in writing that the rule would no longer be enforced. Otherwise, Uthmeier said, his office would take “appropriate action to enforce the law.”

On Thursday, though, Uthmeier announced that the HOA had agreed to finally repeal the firearms ban.

“Those who choose to conceal carry for lawful, defensive purposes are protected by Florida law, and we will use this office to defend those protections,” he wrote.