‘Constitutional right’: Attorney general puts homeowners’ association on notice over gun ban

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Republican Florida Attorney General James Uthmeier put a homeowners’ association on blast Thursday over a gun ban.

Uthmeier sent the Tradition Community Association, an HOA in Port St. Lucie, a letter regarding the prohibition of firearms in common areas. In the letter, which Uthmeier posted on X ,the state’s attorney general warned them that they had violated state law.

“Under section 790.251(4)(e), the Association, as a registered not-for-profit corporation with employees, is a private employer,” Uthmeier wrote. “Association staff and independent contractors—e.g., 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.”

“Therefore, the Association’s employees cannot be terminated or discriminated against for exercising their constitutional right to keep and bear arms,” Uthmeier continued. “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.”

The HOA passed the rule earlier in May, WFLX, a Florida TV station reported, although the Port St. Lucie Police Department said in a May 15 Facebook post it would not enforce the ban.

While some residents back the proposal, others suggested the ban be loosened to allow for concealed carry.

“Maybe they can maybe walk it back and say okay if you have a permit, just have it, but concealed,” Santiago Mejia told WFLX.

The Tradition Community Association did not immediately respond to a request for comment from the Daily Caller News Foundation.

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