PORT ST. LUCIE, FL - Florida Attorney General James Uthmeier shared a notice he sent to an HOA after the organization implemented a new rule that he says violates residents' rights.
On Thursday, May 21, Uthmeier said that he sent the letter to the HOA, identified as Tradition Community Association, Inc., in Port St. Lucie. In the notice, he said the HOA had unanimously resolved that "no person shall carry or possess any firearm or weapon, whether openly or concealed, in any Common Area owned or maintained by the Association," News6 reported.
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.
The attorney general claimed that this policy violates Florida state statutes, which provide that employers may not discriminate against employees or expel customers for exercising their Second Amendment rights. "Enforcement of its discriminatory policy against anyone for exercising the constitutional right to keep and bear arms will be met with legal action by my office,” Uthmeier wrote.
Per the notice, Uthmeier argued that residents and guests are considered "invitees" under the law, meaning the HOA isn't legally allowed to expel them simply for bearing arms. He demanded that the HOA certify to him in writing by June 1 that the rule will no longer be enforced. Otherwise, Uthmeier said, his office will take "appropriate action to enforce the law."
"This is not New York or California,” he concluded. “In Florida, the right of the people to keep and bear arms shall not be infringed."
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