Power corrupts, and its corrosive effects are evident in private organizations that believe they can dictate how others live their lives. One HOA in Port St. Lucie, Florida, backed off from such an act this week after a stern letter from the state’s top prosecutor.
When it comes to the Second Amendment, the Tradition Community Association greatly overextended its reach. The HOA recently accepted a new rule banning the legal possession of weapons, including concealed carry, in common areas and gathering spaces.
Just like that, some 10,000 residents lost much of what it means to keep and bear arms. But, no more.
HOA learned in no uncertain terms that the Second Amendment applied to them
Florida Attorney General James Uthmeier quickly sent a warning letter to the association, making it clear that private employers in the Sunshine State are barred by law from discriminating against employees and others for keeping and bearing arms.
Uthmeier stressed in his missive to the HOA that the group lacked the authority to enforce its policy. “Similarly, any person visiting the common areas—residents, potential residents, and guests alike—are invitees under the statute and cannot be expelled from exercising their constitutional right to keep and bear arms.”
There are very likely more Florida HOAs not complying with state law
The requirement was such an overreach that it prompted Port. St. Lucie Police Chief Leo Miemczyk to issue a clarification. He told all concerned that HOA violations are not criminal infractions and, therefore, city police will not enforce them.
Uthmeier warned other HOAs that they could be next if they do not comply with state law and the Second Amendment.
“We are working with the [Tradition Community] Association to ensure this policy change is permanent and complies with FL law,” the AG announced. “For others who’ve reached out about their HOAs, don’t worry, we hear you.”
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