I found this piece in the Sun Sentinel, and it appears that leftists who have control of homeowners associations are using them to try and ban guns.
Gary Singer, writer and real estate attorney, responded to a question he got:
“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? — Margie”
In response, Singer wrote:
This is the type of question that attorneys will disagree about. In my opinion, enacting this rule would overstep the board’s authority and not be enforceable.
Without getting into the politics of firearm ownership, the law is well-settled that people can keep firearms in their homes.
The Supreme Court sees the right to keep a gun in your home for self-defense as a fundamental right. Your association cannot put other restrictions, such as requiring guns to be kept unloaded, since “[t]his makes it impossible for citizens to use them for the core lawful purpose of self-defense and is hence unconstitutional,” as stated by Justice Scalia in the landmark Heller case on the issue. If someone can legally own a firearm, the association cannot restrict them from keeping the gun in their home.
The other part of the discussion is whether the HOAs could ban the carrying of concealed firearms in common areas like clubhouses. Which would more than likely end up in court but there is a bigger issue here.
An HOA is not only trying to take a Constitutional right away, they are trying to dictate what is in a person’s home.
It’s bad enough they dictate what type of outdoor decorations you have or what type of fence you have to put up.
What’s next, HOAs won’t allow gas-powered vehicles? You joke, but did you really think that gas stoves would be banned three years ago?
