Defending Our Castle: A Look at Gun Regulation by Community Associations

Two tragic shootings in Florida involving homeowners associations have sparked debate on gun control. The U.S. and Florida constitutions protect the right to bear arms, but courts can impose restrictions on private entities in certain cases. Whether Florida community associations can regulate guns is a legal question that may end up in court. Shelley v. Kraemer was a landmark case that involved restrictive covenants in Missouri and Michigan. These covenants banned non-Caucasian people from living in certain areas. The Supreme Court had previously struck down laws and ordinances that discriminated based on race. This case established that the U.S. Constitution’s rights apply to actions by state governments. In the Shelley v. Kraemer case, the court said that private rules can’t be used to discriminate against people. In the Harris v. Sunset Islands case, the Florida Supreme Court said that a rule that discriminated against Jewish people was not allowed. So, the court said that the rule was not valid. In Florida, courts have addressed whether private rules for homeowners associations violate the U.S. Constitution. They found that simply recording these rules or possibly enforcing them in court doesn’t make them unconstitutional. They only become a problem if a court actually enforces a rule that violates the Constitution. There are also other tests for when private rules might be considered unconstitutional. If a private group is acting like a government, they have to follow the rules of the Constitution. A court case found that a mobile home park association was not acting like a government, so they didn’t have to follow those rules. But some community development districts might have to follow the rules because they act more like the government. So, if a rule in your neighborhood says you can’t have a gun, it might be a problem if it’s being enforced in court. If a homeowners’ association tries to make a rule against having firearms in your home, it might go against your constitutional rights. Recent court cases have said that complete bans on owning handguns in your home are not allowed. So, if the association tries to enforce this rule, they probably won’t be successful in court. The Supreme Court ruled that the government can make some laws regulating guns, but they can’t completely ban people from having handguns for self-defense. The Second Amendment isn’t unlimited, and there are rules about who can have guns and where they can be carried. So, a community group can make rules about guns, as long as they don’t violate the Constitution or public policy. The law says that it’s important to promote gun safety and prevent guns from being used in crime. But people still have the right to own guns for self-defense, target practice, and hunting. However, just because something is legal doesn’t mean a neighborhood association can’t make rules about it. There’s a difference between things that are allowed by law and things that are protected as a matter of public policy. There are laws in Florida about carrying and using firearms. There are rules for where people can bring their guns, but they can usually have them on private property. There was a case where a man shot at Florida Power & Light employees who came onto his property to turn off his power. The employees said he attacked them, but the man said he felt threatened when they climbed over his fence. The court had to decide if he had the right to defend himself with a gun. The court used the Stand Your Ground law to decide that Mr. Vino was allowed to defend himself with force, including deadly force, if he believed it was necessary to prevent harm to himself or someone else. The court said that there was enough evidence to support Mr. Vino’s version of what happened, and dismissed some charges against him. The state appealed, but the appeals court agreed with the trial court’s decision. Community associations in Florida may be able to adopt regulations that prohibit firearms at meetings or gatherings in common areas, with some exceptions for off-duty law enforcement officers. They may also be able to enact restrictions on the discharge of firearms within the community, as long as it is done lawfully and defensively. However, there are some restrictions that are more questionable, such as prohibiting persons with a concealed weapons license from carrying their weapons on the common areas for self-defense. Overall, the legality of firearm regulations for community associations in Florida is still unclear and may be subject to legal challenges. Florida courts allow community associations to create rules that benefit the well-being of the community’s residents, even if it limits individual freedoms at home. While a complete ban on owning guns at home might not be allowed, some restrictions on gun use and ownership, especially in common areas, would likely be upheld. Public policies supporting gun rights in Florida will also be considered when making these decisions. The state courts intervened to stop homeowners from occupying a property without restriction. There are laws about regulating firearms in community associations, and some court cases have dealt with issues like selling signs and alcohol bans in condos. The law also allows power companies to enter private property to shut off power, and certain activities can be considered a nuisance even if they follow the rules. The Ninth Circuit Court of Appeal said that the Second Amendment doesn’t guarantee the right to carry a concealed weapon in public. It’s not clear if the U.S. Supreme Court will hear the appeal. This information was provided by the Real Property, Probate and Trust Law Section.

Source: https://www.floridabar.org/the-florida-bar-journal/defending-our-castle-a-look-at-gun-regulation-by-community-associations/