By Dave Workman
Editor-in-Chief
Florida Attorney General James Uthmeier has advised an HOA in Port St. Lucie that its new rule prohibiting firearms “in all common areas within its community” violates state law and has given the association until June 1 that it will not enforce the rule, or face action by his office.
In a letter to the Tradition Community Association (TCA) sent Thursday, AG Uthmeier stated, “A homeowner’s association is ‘not at liberty to adopt arbitrary or capricious rules bearing no relationship to the health, happiness and enjoyment of life of the various unit owners.’ The Association’s firearm resolution infringes upon a fundamental constitutional right and is unenforceable. Please certify to me in writing by June 1, 2026 that the Association will not enforce its Rule Regarding Carrying of Weapons on Common Areas. In he event the Association refuses, my office will take appropriate action to enforce the law.”
Uthmeier closed his letter to HOA President K. Karl Albertson, Jr., noting, “This is not New York or California. In Florida, the right of the people to keep and bear arms ‘shall not be infringed.’”
According to Uthmeier’s letter, under section 790.251(4)(e), the Association, as a registered not-for-profit corporation with employees, is considered a private employer. TCA staff and independent contractors…are all employees under the statute. They are authorized to carry a concealed firearm, Uthmeier’s letter explains.
“Therefore,” he wrote, “the Association’s employees cannot be terminated or discriminated against for exercising their constitutional right to keep and bear arms. 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.”
Reacting to Uthmeier’s letter on “X,” Luis Valdes, a Florida director of Gun Owners of America, wrote, “It’s awesome seeing a State Attorney actually defending the Second Amendment. FL’s previous AGs campaigned ‘pro-gun.’ Their actions proved otherwise. Actions are louder than words.”
