PORT ST. LUCIE, Fla. (CBS12) — Florida Attorney General James Uthmeier is warning a Port St. Lucie homeowners’ association that its ban on firearms in common areas violates state law and could trigger legal action.
In a formal letter sent on Thursday to the Tradition Community Association, Inc., Uthmeier said the association’s policy prohibiting firearms in shared spaces conflicts with Florida statutes protecting the right to keep and bear arms. The rule applies to residents, guests, and contractors and covers common areas including parks, trails, recreation spaces, and gathering facilities.
The warning comes amid growing controversy within the Tradition community after the association notified residents earlier this month that firearms would be prohibited in common areas — even for people with concealed carry permits. Residents told CBS12 the decision sparked frustration and confusion, with some saying the rule was implemented without sufficient notice or public discussion.
Uthmeier cited Florida Statute 790.251, which prohibits private employers from taking action against employees or expelling invitees for lawfully exercising their constitutional right to keep and bear arms. He argued the association qualifies as a private employer and that both its staff and visitors are protected under the law.
Under the attorney general’s interpretation, employees — including association staff and contractors — cannot be disciplined for carrying firearms if they are legally permitted to do so. Likewise, residents, guests and prospective homebuyers using common areas are considered invitees and cannot be barred simply for possessing a firearm.
The letter also states that homeowners’ associations are limited in the rules they may impose, particularly when those rules infringe on constitutional rights. Uthmeier called the firearm ban “unenforceable” and said it bears no lawful basis under Florida law.
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He gave the association a deadline of June 1 to provide written confirmation that it will not enforce the policy. Failure to do so, he warned, could prompt his office to take legal action, which may include steps to block the association from continuing what he described as unauthorized enforcement.
Uthmeier reinforced his position publicly in a statement directed at the association.
“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,” he said.
The issue has also drawn attention from local law enforcement. The Port St. Lucie Police Department previously clarified it does not enforce private HOA policies, emphasizing that officers follow Florida law and uphold constitutional rights, including those protected under the Second Amendment.
Residents remain divided as the dispute unfolds. Some community members argue the restriction undermines lawful self-defense, while others support efforts to limit firearms in shared public spaces in the interest of safety.
As of Thursday, the Tradition Community Association has not publicly responded to the attorney general’s letter or indicated whether it plans to rescind or revise the rule.