PORT ST. LUCIE — Florida Attorney General James Uthmeier is weighing in on a controversial firearms policy adopted by the Tradition Community Association, warning the homeowners association that its restriction on guns in common areas violates Florida law.
In a May 21 letter addressed to Tradition Community Association President K. Karl Albertson Jr., Uthmeier said the policy infringes on constitutional rights and cannot be enforced.
“It has been brought to my attention that Tradition Community Association, Inc. has adopted a rule prohibiting firearms in all common areas within its community,” Uthmeier wrote. “This prohibition on lawful firearm possession in public areas violates Florida law.”
The rule, adopted by the association’s board in December 2025, prohibits people from carrying or possessing firearms — openly or concealed — in common areas owned or maintained by the HOA. The restriction applies to residents, guests, contractors and others in areas including the town square, splash pad, dog park, parks, trails and town hall.
The policy sparked backlash from some residents and local officials after it became public earlier this month.
In his letter, Uthmeier argued that Florida statutes prohibit private employers from discriminating against employees or invitees who lawfully exercise their right to carry firearms. He said the association qualifies as a private employer because it has employees and contractors.
“Therefore, the Association’s employees cannot be terminated or discriminated against for exercising their constitutional right to keep and bear arms,” Uthmeier wrote. “Similarly, any person visiting the common areas — residents, potential residents, and guests alike — are invitees under the statute and cannot be expelled for exercising their constitutional right to keep and bear arms.”
Uthmeier also warned the association that failure to reverse the rule could result in legal action from the state.
“Please certify to me in writing by June 1, 2026, that the Association will not enforce its Rule Regarding Carrying of Weapons on Common Areas,” he wrote. “In the event the Association refuses, my office will take appropriate action to enforce the law.”
He closed the letter with a pointed statement: “This is not New York or California. In Florida, the right of the people to keep and bear arms ‘shall not be infringed.’”
The attorney general’s position goes further than comments previously made by legal experts, who questioned whether the rule could be enforced but noted that private associations generally have broad authority to regulate conduct on private property.
Jonathan Marshfield, a law professor at the University of Florida, previously told WQCS on May 20 that constitutional protections do not automatically apply to agreements made between private parties.
“Generally speaking, things like the Second Amendment and other federal constitutional rights, they do not apply directly against private associations,” Marshfield said. “So, the sort of background default rule is that people can privately agree to do various different things, and the Second Amendment or any right in the Bill of Rights is not a direct limitation on what people can do by private agreement.”
Still, Marshfield said enforcement becomes more legally complicated when government involvement is required.
“Those agreements have to be enforced somewhere, and so the Supreme Court has a strong line of cases that prevents state courts and federal courts from enforcing agreements that would violate constitutional rights,” Marshfield told WQCS on May 20.
Port St. Lucie Police Chief Leo Niemczyk also publicly distanced the department from the HOA’s policy in a statement issued to residents.
“It is important to clarify that the letter distributed by the HOA is not a law, ordinance, or official directive issued by the Port St. Lucie Police Department or the City of Port St. Lucie,” Niemczyk said. “The Port St. Lucie Police Department enforces Florida State Law — not private HOA policies or community association rules.”
Niemczyk said the department supports the constitutional rights of law-abiding residents and emphasized that HOA rules are not criminal violations.
“While private property owners and associations may establish certain policies governing their properties, those policies do not constitute criminal violations and will not be enforced by PSLPD,” he said.
The chief added that officers would continue evaluating calls involving private property disputes “based on the totality of the circumstances and applicable Florida law.”
Neither the HOA policy nor the original community notice explained how violations would be handled.
Attempts to reach HOA officials for comment were unsuccessful in previous reporting.
Port St. Lucie Councilman Anthony Bonna previously criticized the policy online, calling it “unenforceable and asinine.”
The restriction does not apply throughout all of Tradition. Firearms remain permitted on private rights of way, sidewalks, inside vehicles and for law enforcement officers.