Gun safety is a big topic and an important one. People have the right to feel safe and secure, and also to have guns, and some people feel safer with a firearm, and others feel more unsafe. It’s a tricky topic and one you should discuss with your attorney. 

Can the HOA board of directors ban guns in my HOA?

You can’t tell a homeowner they’re not allowed a gun in their home, and you don’t have the right to check whether they have guns. What goes on in someone’s home has nothing to do with the HOA. It’s also just not worth it to even try to regulate guns throughout the community because it’s such a divisive issue.

If you’d really like to pursue this I’d recommend talking to an attorney to see what your options are. However, disallowing firearms in peoples’ homes does seem to go against the Second Amendment. That could get you in serious legal trouble if any resident took you to court.

Can I regulate guns in common areas?

The answer to this question depends on a few factors. The first is your State laws, as you must follow them. You should talk to an attorney to ensure that you’re doing the right thing.

The second is people’s opinions, are you going against your neighbors’ views? If you’re changing your community’s CC&Rs you’ll need other residents to vote for the change. If your neighbors have guns then they might have issues with not being able to bring them into common areas. If not many HOA members carry weapons, then you may be starting a tense debate without necessity. 

Depending on your state laws and current CC&Rs, the board could create a rule around preventing homeowners from brandishing their weapons in common areas or firing within the community, even if they’re shooting at cans, glass, or in the air. 

If the issue is that one resident is being irresponsible with his gun, then a possibility is fining residents for violating CC&Rs, noise pollution, or nuisance to their neighbors. Of course, if it’s an emergency, always call 911.

What are the laws around gun carrying in my State?

According to Federal law, guns are not allowed in all federal buildings, or buildings rented by the federal government, federal courthouses, and prisons. Other than that firearms are banned at all National Cemeteries, Post Offices, Bureau of Land Management, and all Native American reservations. 

To check all 50 States, look at this website on gun law. Based on it these are the laws in the top three states with the most HOAs: Florida, California, and Texas. 

Florida: 

Firearms are disallowed at polling stations, meetings of government bodies, schools/colleges or athletic events, airports, and bars. Also elementary and secondary schools and administration buildings, any meetings of the Legislature or any Legislature committees.

California: 

As well as the places that are banned in Florida, in California, arms are impermissible at school, college, and university grounds. As well as childcare facilities, state wildlife management areas, while masked to conceal your identity, if you’re drinking alcohol, and at the Cal Expo center.

Texas: 

Texas also doesn’t allow guns in some of the same places as Florida and California, and they’re also not allowed on racetracks or if someone’s intoxicated, and no one’s allowed to carry a handgun unholstered. If an individual is involved in criminal activities they’re also banned from carrying a concealed handgun.

Is a ‘No Weapons’ sign enforceable?

In Florida and California, they’re normally not enforceable. But people shouldn’t take weapons into these spaces in case they’re asked to leave, or accused of trespassing. In both Florida and California, they may be enforceable if they’re in fall within the Off Limits law. You shouldn’t put one up in your community without consulting residents as you could get into trouble.

In Texas, they can be legal if they meet certain criteria, so if you’re thinking about putting one up you should check with an attorney first. Unless it’s a specific sign it won’t be enforceable, and you could get in trouble. You should always consult an attorney or residents before making such a radical move.

What can the board do to ensure safety?

If gun violence has been an issue in your community or area, then the board could pass a rule to ban firearms in common areas, for instance, meeting rooms, the clubhouse, etc. This could be presented as being in the best interest of residents’ health, happiness, and safety. However you should seek legal advice before doing so.

The board could also host a firearm safety class, or active shooter response class with an expert.

Communicating your rules by email, or newsletter is also a good idea. You can also remind people of gun safety rules if there is a crime in the neighborhood. 

Concluding HOA rules on guns

Before looking at adjusting rules on firearms in your HOA, the board needs to talk to an attorney to ensure that you’re following state laws. You should also discuss if it’s worth starting a difficult debate and rule change.