A Port St. Lucie homeowners association tried to keep guns out of its parks and gathering spots, and the state’s top lawyer quickly told them to holster that plan. The Tradition Community Association has now agreed to stop enforcing a freshly announced rule that barred carrying firearms in common areas, the Florida attorney general said Wednesday. The reversal came after a formal notice from the state warned the new policy likely conflicted with Florida law and could trigger legal action.
As reported by WKMG ClickOrlando, Attorney General James Uthmeier ordered the Tradition Community Association to certify in writing by June 1 that it would not enforce the rule and warned his office would take “appropriate action” if the board refused. Uthmeier later posted that the association had “agreed to stop enforcing its unlawful firearm ban in common areas” and said his office was working to make the rollback permanent.
What the Attorney General's Letter Says
In a formal notice posted by the Office of the Attorney General, Uthmeier wrote that the board’s December 5, 2025 resolution prohibited “any firearm or other weapon” from common areas, including the town hall, splash pad and dog park, and concluded the ban “violates Florida law.” The notice cited Section 790.251 of the Florida Statutes and directed the association to certify by June 1 that it would not enforce the rule, or face enforcement actions from the attorney general’s office.
Police: HOA Rules Are Not Criminal Law
Port St. Lucie Police Chief Leo Niemczyk publicly distanced his department from the HOA’s move, saying officers enforce state law, not private association rules, according to reporting by WQCS. That stance undercut the association’s ability to lean on local police to back up the ban, since HOA violations are typically addressed with civil remedies rather than arrests.
What Residents Need To Know
Homeowners associations can set rules for association-owned property, but enforcing those rules usually means fines, temporary suspension of amenities or other civil measures, not criminal charges, local coverage noted. WPBF reports residents said the new weapons rule was mailed out to the community without broad input, and the association’s notice did not spell out how alleged violations would be handled.
Legal Implications
Uthmeier’s notice points to the portion of Chapter 790 that protects employees and invitees, along with Florida’s firearms preemption rules that reserve firearm regulation to the state and can render conflicting local rules unenforceable. Readers can review the attorney general’s full notice and the cited statutes on the state’s site for the exact statutory language.
According to state and local reporting, Uthmeier said his office is working with the Association to ensure this policy change is permanent and complies with FL law, and the Tradition Community Association has been asked to provide written confirmation that it will not enforce the rule. Residents who want to track what happens next can monitor the attorney general’s notice or the association’s official communications for any formal, written confirmation of the change.
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