By Tanya Metaksa
What’s New—Florida: Tradition Community Association, a homeowners association (HOA) in Port St. Lucie, adopted a rule banning lawful firearm carry; Illinois: Several bills were introduced in May, but none passed before the legislature adjourned on June 1; New Hampshire: HB609 was tabled with a 182-160 vote; HB1279 and HB1365 awaiting the governor’s approval; Vermont: S.239 failed in the House; Virginia: Private sale background checks are no longer available or required.
State Legislatures
Legislatures adjourned sine die:
Alabama, Arkansas, Connecticut, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Kentucky, Maryland, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Mexico, Oklahoma, Oregon, South Carolina, Tennessee, Utah, Vermont, Virginia, Washington, West Virginia, and Wyoming.
State legislatures not in session: Montana, Nevada, North Dakota, and Texas.
Florida: Tradition Community Association, a Homeowners Association (HOA) in Port St. Lucie, has adopted a rule banning legal firearm carry—including concealed carry—in common areas like clubhouses, parks, trails, and other shared spaces, with narrow exceptions for rights-of-way, vehicles, and law enforcement.
- The rule would have applied even to residents and visitors holding valid concealed carry licenses, effectively disarming them in these common areas.
- Florida Attorney General James Uthmeier promptly sent a warning letter, asserting the rule violates Florida Statutes section 790.251, which prohibits private employers from discriminating against employees and invitees for lawfully carrying firearms.
- Uthmeier emphasized that HOA staff are “employees” under the statute, and visitors—including residents, prospective buyers, and guests—are “invitees,” who cannot be punished or expelled for exercising their right to keep and bear arms.
He gave the HOA a June 1 deadline to confirm it would not enforce the policy, threatening legal action if the association failed to comply.
Local enforcement stance.
- Port St. Lucie Police Chief Leo Niemczyk said that his department enforces state law, not HOA rules, and that the HOA’s firearms policy has no criminal penalties.
- Additionally, he plans to “fully support constitutional rights,” indicating that violations of the HOA rule alone would not result in arrests.
Florida’s broader firearms-law context
- Florida’s recent expansion of gun rights, through legislation and litigation, including the adoption of “constitutional carry,” the strengthening of statewide firearm preemption with enforcement measures, and the open-carry ban, reflects a broader pro-Second Amendment legal climate in the state.
Larger questions about HOAs and constitutional rights
- As gun rights expand thanks to increased advocacy by Second Amendment supporters, will private governance structures—such as HOAs and condo boards—impose restrictions through rules, covenants, and contracts?
- HOAs, although officially private, often wield significant control: setting fees, creating binding rules, imposing fines, and regulating architectural or design standards for homes and shared spaces.
This concentration of authority, along with restrictions on basic rights (such as firearm ownership), blurs the traditional boundary between private action and government action and raises questions about whether constitutional limits should apply.
Disputes in other jurisdictions
- There have been cases in Illinois public housing where courts ruled that housing authorities cannot impose blanket bans on lawful firearm possession inside tenants’ homes.
- These cases raise similar questions: whether public or quasi-governmental entities can limit Second Amendment rights through leases or internal policies.
Will the Supreme Court decision in Role of Wolford v. Lopez impact this case?
- Hawaii’s Wolford v. Lopez, awaiting a decision at the Supreme Court, examines whether states can broadly ban firearms on private property that is open to the public unless the owner explicitly consents.
- While not related to HOAs, the outcome could influence how courts perceive firearm restrictions where public authority and private property interests meet, particularly within the Bruen “sensitive places” framework.
Illinois: While several bills were introduced in May, none made it past the finish line, as the legislature adjourned on June 1.
Missouri: The Missouri legislature adjourned.
New Hampshire:
HB609: A joint conference committee released its report on May 28, 2026. The House of Representatives tabled the bill 182-160 on June 4, 2026.
Headed to Governor Kelly Ayotte:
- HB1279—Clarifies that the use of force in defense of third parties is an affirmative defense.
- HB1365—Removes requirements for references or employment information from the application form.
Vermont: The Vermont legislature has adjourned. After the Senate Democrats attempted to add another gun bill, S.239, the House did not consider it, and no restrictive gun bills were passed this session.
Virginia: VCDL, GOA, and GOF filed a lawsuit in the Circuit Court for the City of Lynchburg. An injunction was issued. The Virginia State Police posted the following on their firearms website:
Private sale Background Checks No Longer Available / Required
After a hearing in Lynchburg Circuit Court on June 3, 2026, and in compliance with the injunction and final order entered by the Circuit Court for the City of Lynchburg in Raul Wilson, Wyatt Lowman, Virginia Citizens Defense League, Gun Owners of America, Inc, and Gun Owners Foundation v. Colonel Jeffrey S. Katz, CL25000582-01, the Virginia Department of State Police (VSP) is enjoined and prohibited from administering, enforcing, or otherwise imposing upon any person them requirements of Va. Code § 18.2-308.2:5.
The Order prohibits the VSP from running, or assisting in the running of, private sale background checks pursuant to the provisions of Va. Code § 18.2-308.2:5.
Accordingly, VSP currently cannot provide criminal history background checks for the private sale of firearms.
