Florida Attorney General James Uthmeier has issued a strong warning to a Port St. Lucie homeowners’ association regarding its recent ban on firearms in common areas. The association’s policy is not allowed under state law, specifically Florida Statute 790.33, and could prompt the attorney general to take legal action against the HOA.
In a formal letter sent on Thursday to the Tradition Community Association Inc., Attorney General Uthmeier informed the HOA that its rule prohibiting firearms in shared spaces directly conflicts with Florida Statute 790.33. This statute protects the right to keep and bear arms. The policy applies to all residents, guests, and contractors. It covers common areas such as parks, trails, recreation spaces, and gathering facilities.
“Tradition Community Association Inc. is on notice,” Uthmeier stated. “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.”
Tradition Community Association, Inc. is on notice:
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. pic.twitter.com/1j4hjeoeUf
— Attorney General James Uthmeier (@AGJamesUthmeier) May 21, 2026
Earlier this month, the Tradition Community Association notified residents that firearms would be prohibited in common areas. The ban applies to both open carry and concealed carry of guns. The rule does not exempt concealed carry permit holders.
This decision quickly sparked significant controversy among community members. Many residents complained that the association implemented the policy without sufficient notice or public discussion. Some homeowners expressed concerns about their personal safety and Second Amendment rights in shared community spaces.
Florida law is clear on this matter. In addition to Florida Statute 790.33, which broadly preempts state firearms regulation, the rule also violates Florida Statute 790.251. This statute prohibits private employers from taking action against employees or expelling invitees for lawfully exercising their constitutional right to keep and bear arms. According to Uthmeier, the association qualifies as a private employer. Both its staff and visitors receive protection under state law.
The law states that employees and contractors cannot be disciplined for carrying firearms if they are legally permitted to do so. Residents, guests, and prospective homebuyers are considered invitees under the law. Therefore, the HOA cannot bar these invitees from possessing firearms in common areas. The HOA rules are in direct conflict with Florida state law. The attorney general claims that the policy is unenforceable and lacks a lawful basis. It infringes on Floridians’ constitutionally protected rights.
The Port St. Lucie Police Department also weighed in on the controversy. Officials stated that they will not enforce the private HOA policies. The department said its officers will follow Florida law and uphold constitutional rights. The police emphasized that those rights include protections under the Second Amendment. This refusal to intervene further complicates the HOA’s ability to enforce the rules. Without local law enforcement support, the association may struggle to address any violations of its policy.
Attorney General Uthmeier has given the Port St. Lucie homeowners association until June 1 to provide written confirmation that it will not enforce the policy.
If the HOA fails to comply, Uthmeier warned that his office will take legal action against the association. This action aims to block the unauthorized enforcement of rules that contradict Florida state law. Such legal proceedings could include court orders preventing the HOA from enforcing the ban. They might also result in financial penalties or other consequences for the association.
This situation highlights ongoing tensions between private community rules and state protections for gun rights. Homeowners’ associations often claim to create guidelines to maintain safety and order in their neighborhoods. However, when those rules clash with broader state statutes, they risk legal challenges. In Florida, strong preemption laws limit local or private entities from imposing stricter firearms regulations than the state allows. This case serves as a reminder to other HOAs across the state to carefully review their policies against current statutes.
The controversy has drawn attention from gun rights advocates and community members alike. Many residents value the ability to carry firearms for self-defense in everyday settings. The attorney general’s intervention underscores Florida’s commitment to safeguarding Second Amendment rights at the state level. It also sends a clear message that private organizations cannot override these protections.
AmmoLand News reached out to the Port St. Lucie homeowners’ association for comment. However, the HOA did not return the request. As the June 1 deadline approaches, all eyes remain on the Tradition Community Association. Its response could shape future interactions between HOAs and state authorities on similar issues. Residents continue to voice their opinions in community forums. The outcome may influence how other associations handle firearms policies moving forward.
This battle is about balancing individual rights with community governance. In Florida, state law prioritizes constitutional protections. Homeowners’ associations must align their regulations accordingly to avoid costly legal battles.
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About John Crump
Mr. Crump is an NRA instructor and a constitutional activist. John has written about firearms, interviewed people from all walks of life, and on the Constitution. John lives in Northern Virginia with his wife and sons, follow him on X at @right2bear, or at www.crumpy.com.
people should have an open carry bar-b-q in the green