Last month, Florida Attorney General James Uthmeier issued a strong warning to the Tradition Community Association in Port St. Lucie regarding its recently adopted firearms ban in common areas. The AG gave the homeowners’ association (HOA) until June 1 to respond in writing and confirm it would cease enforcement. In a positive development for gun rights advocates, the association quickly agreed not to enforce the ban.
In a formal letter sent to the association’s leadership, Uthmeier explained that the rule prohibiting firearms in shared spaces directly conflicts with Florida Statute 790.33, the state’s broad firearms preemption law. This statute makes it clear that the Florida Legislature occupies the entire field of firearms regulation, rendering local ordinances and private rules that impose stricter restrictions largely unenforceable when they infringe on the constitutional right to keep and bear arms.
The HOA’s policy applied to all residents, guests, and contractors. It banned both open and concealed carry in common areas, including parks, trails, recreation spaces, gathering facilities, and the town square. Critics described it as a de facto gun ban that lacked any force of law. Local law enforcement in Port St. Lucie publicly stated they would not enforce the HOA’s rule, reinforcing that it carried no criminal weight.
Florida Statute 790.33 not only preempts government entities but also protects employees, contractors, residents, guests, and prospective homebuyers from discrimination for lawfully carrying firearms. The rule had reportedly been passed without adequate notice to many community members. Some residents who carry for self-defense in their daily lives were caught off guard and concerned about being disarmed in areas where they and their families spend significant time.
Because the HOA promptly responded to the AG’s demand, Uthmeier’s planned next step — filing a lawsuit to block enforcement of the ban — became unnecessary. Florida maintains some of the strongest preemption laws in the nation, designed to prevent a patchwork of local and private restrictions that could undermine statewide Second Amendment protections. Had the case proceeded to court and the HOA lost, the association could have faced significant financial penalties, attorney fees, and other legal consequences.
AG Uthmeier noted that his office had received complaints from residents in other Florida HOAs with similar restrictive policies. He assured concerned citizens that the action against Tradition was only the beginning. “This is not New York or California,” Uthmeier has emphasized in public statements. “In Florida, the right of the people to keep and bear arms shall not be infringed.”
On X, the Attorney General wrote: “Tradition Community Association agreed to stop enforcing its unlawful firearm ban in common areas. We are working with the Association to ensure this policy change is permanent and complies with FL law. For others who’ve reached out about their HOAs, don’t worry, we hear you.”
Tradition Community Association agreed to stop enforcing its unlawful firearm ban in common areas. We are working with the Association to ensure this policy change is permanent and complies with FL law.
For others who’ve reached out about their HOAs, don’t worry, we hear you. https://t.co/X031UjnGCf
— Attorney General James Uthmeier (@AGJamesUthmeier) June 4, 2026
Uthmeier has built a reputation as a vocal and active defender of Second Amendment rights. He has repeatedly stated that attorneys general have no duty to defend laws they view as unconstitutional. At the 2026 National Shooting Sports Foundation (NSSF) SHOT Show, he addressed fellow AGs and reminded federal officials of this principle in relation to certain provisions of the National Firearms Act (NFA).
Compared to some previous Florida Attorneys General — including former AG Pam Bondi — Uthmeier has shown a willingness to move beyond rhetoric and take concrete action. His intervention in the Tradition case sends a clear message to HOAs across the state: attempts to disarm law-abiding residents in common areas will face swift pushback from the state’s top law enforcement officer.
While HOAs play a role in maintaining neighborhoods, they cannot override Florida’s strong protections for the right to bear arms. Uthmeier’s decisive response reinforces that in the Sunshine State, Second Amendment rights remain a priority.
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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.
