South Dakota: Protection from HOAs Signed into Law

Today, February 5, Governor Kristi Noem signed Senate Bill 39 into law. SB 39 prohibits a homeowners’ association (HOA) from placing restrictions on firearms or firearm ammunition. This important legislation further strengthens firearm preemption in the Mount Rushmore State by protecting sportsmen from HOA regulations. Read the article…………………………….

Ask a real estate pro: Can HOA ban guns, even in people’s homes? (FL)

Q: Our homeowners’ association is considering banning guns everywhere in the community, including in the residents’ homes. Many of the residents are upset about this, while others are in favor of it. Is the association even able to enact this rule?   Read the Q&A…………………………………

Guns in the Clubhouse: What Can a Community Association Do? (FL)

The right of the people to carry and bear arms without governmental infringement is a right which stems from both the United States Constitution and the Constitution of the State of Florida. The State of Florida recently adopted new gun legislation, effective July 1, 2023, which allows the everyday citizen to carry a concealed weapon […]

Can An Association Restrict Firearm Possession? (OH)

Firearm possession and the Second Amendment is perhaps one of the biggest political issues on the minds of Americans today. Recent tragedies in Highland Park, Uvalde, and Buffalo have once again brought firearm possession and the Second Amendment to the political forefront.   Read the article………………………..

EDITORIAL: A POA overstepping into gun use policy? Why? Guns and POAs? (CA)

People pull triggers in their own homes out of ignorance, accident, fear, mental illness and sometimes a taste for violence. People pull triggers on a shooting range for sport, or during deer season for what they consider their love of the great outdoors and the thrill of the hunt.  Our little piece of the planet […]

Lowcountry neighborhood considering making community gun-free space (SC)

A Lowcountry neighborhood is considering making their community a gun-free space. The Homeowners Association of Del Webb at Cane Bay Association, Inc is considering a change to its by-laws that would ban weapons from the area of the community owned and operated by the HOA.   Read the entire article……………………………….

Associations Grapple with Firearms Control in the “Gunshine State”

Since the start of the pandemic, Florida gun sales have reached record levels. In January 2021 alone, over 190,000 background checks were conducted for individuals making firearm purchases. The Department of Agriculture and Consumer Service’s Division of Licensing has requested an additional $4.34 million to process background checks and concealed carry applications as demand grows. […]

St. Louis grand jury indicts McCloskeys on gun charges, tampering with evidence (MO)

City attorneys for St. Louis refused to charge nine protesters who were ticketed for trespassing after members of the Portland Place trustees said they did not want to press charges against them.  Following Tuesday’s hearing, the McCloskeys’ attorney said his clients own the sidewalk in front of their home and that they, and other members […]

Gun Control in Community Associations (AZ)

With election season upon us, it is important for board members and managers to be aware of, and prepared to address political hot button issues, including gun control. What are associations’ rights regarding gun control within the community, and how can the board effectively balance the associations’ right, owners’ rights and community safety?  Read the article…………………………

Can An Association Limit Your Right to Bear Arms? (MI)

Can an association restrict an individual’s right to bear arms? The answer, though nuanced, is likely in the affirmative. An association’s board has wide authority under the governing documents to restrict everything from paint color to holiday decorations, as long as the action is reasonable. See, e.g., Allnutt v High Court of Foresters, 62 Mich […]

Can a HOA prohibit firearms in Common Areas? (AZ)

Many Arizona residents own firearms and are permitted to carry them in public places with the proper permits. But do those permits apply to common areas in a homeowners association? Does the Board of Directors of a homeowners association have the power to restrict or prohibit firearms in common areas?   Read the article………………………….

Prohibiting Weapons on Association Property (GA)

The debate over gun control may rank amongst one of the most divisive issues across the nation. With tragedies such as Columbine, and the more recent Aurora, Colorado theater shootings, many groups are pushing for stricter gun control laws across the nation, while others are standing their ground to preserve their Second Amendment rights. Every […]

Is Gun Control a Good Idea in Community Associations?

Unfortunately, every day it seems the news reports another episode of gun violence and almost immediately thereafter some form of action is suggested or demanded. Thoughts and prayers, legislation, gun bans, and other gun control measures come to mind. However, what should the world of community associations be doing at this time?  Read the article………………………

Condo Board Moves Meetings to School Over Concerns About Armed Resident (VA)

The board of a condominium building in Virginia Square is moving its meeting spot after a resident brought a gun to two board meetings.  In a letter sent to residents, transcribed below, the board of the Tower Villas (3800 Fairfax Drive) condo community says that while the armed man didn’t violate any current rules, the […]

Proposed subdivision shooting ban goes down (VA)

Before the Board of Supervisors opted not to enforce a proposed shooting ban in the Thunderbird Farms Subdivision, nearly 30 citizens weighed in on the matter during a public hearing.  There were 21 opposed to the ban and eight in favor. The supervisors sided with the majority of the crowd and unanimously chose not to […]

Handgun Regulation in Community Associations

An entire textbook and law school class could be devoted to the topic of handgun regulation. This article will focus on two recent United States Supreme Court (“Court”) decisions, briefly discuss some of the ways in which the Court’s decisions could apply to community associations, and identify practical issues that a community association should consider […]

Community Associations and the Second Amendment

The Second Amendment to the United States’ Constitution guarantees individuals the right to keep and bear arms. The Florida constitution contains a similar guarantee. With few exceptions, Florida law allows licensed individuals to carry concealed firearms in most public locations. Based on these constitutional and statutory rights under U.S. and Florida law, many owners residing […]

Can Your Condo Prohibit Firearms on Common Property? (ON)

I recently stumbled upon an interesting blog out of Florida, where the author discussed whether a Community Association can prohibit firearms on common areas. The author discussed the required trade off between individual rights and the greater common good of the condominium community. The same balancing act applies here, north of the 49th parallel, but […]

Guns at HOA Meetings- Arizona

Gun violence at HOA meetings is rare, but receives much media attention. No one will forget the tragic murders of two women and the wounding of three others in Arizona when a man opened fire during an HOA meeting in 2000. More recently is the shooting in Louisville, Kentucky where a homeowner shot and killed […]

Guns at HOA Meetings- Utah

Gun violence at HOA meetings is rare, but receives much media attention. No one will forget the tragic murders of two women and the wounding of three others in Arizona when a man opened fire during an HOA meeting in 2000. More recently is the shooting in Louisville, Kentucky, where a homeowner shot and killed […]

Should Co-op Boards Prohibit Shareholders Having Guns? The Issues

After the recent mass-murder shootings at Sandy Hook and elsewhere, co-op boards have begun in earnest to consider gun control. Part 1 of this story established that boards may ask about gun ownership during an admissions interview and may prohibit gun-owners from becoming shareholders: The Second Amendment only applies to the government, not privately held […]

Do You Know What Your Community Association Volunteers Are Doing? Do They Carry Guns? Maybe You Need To Better Supervise

After the Trayvon Martin shooting in Florida last year, I posted a blog article highlighting the need for community associations to supervise their volunteers. Follow this link for that March 2012 blog article. If you have been following the George Zimmerman trial at all, you would understand how important it is for community associations to […]