HOA Rules On Guns: Can Guns Be Banned Or Prohibited In HOA Communities?

Can communities impose HOA rules on guns? This is a question many board members and homeowners ask, but the answer isn’t black and white.

HOA Rules on Guns: A Rising Interest in Gun Safety

Gun safety is a hot topic in the United States and an increasingly debated issue among homeowners associations. And there’s a good reason behind this. According to the BBC, there have been more than 130 mass shootings this year alone — and that figure is only as of March 2023. That means there have been more mass shootings than there are days in the first 3 months of the calendar year. In 2021, a total of 12,520 recorded homicides were committed by firearm.

Gun ownership is also relatively high among Americans. In fact, 45% of households in the United States own some type of firearm. This percentage has remained largely the same since the 1970s, though it spiked from 37% in 2019.

And while firearms are prohibited by law in many spaces, such as federal buildings, HOA communities have mostly remained outside of the conversation. But, the interest in gun safety among HOAs is understandable. Mass shootings are on the rise, and it is not unheard of for a disgruntled resident or board member to threaten — or even kill — their neighbors with a firearm. Even the mere sound of a gun firing in a community can instill fear in residents.

So can the HOA prohibit firearms in the neighborhood? What can associations do to limit liability exposure?

Can HOAs Ban Guns in the Community?

The U.S. Constitution protects the right to own guns under the Second Amendment, but this right is not all-encompassing. It does not extend to all places. As per District of Columbia v. Heller, the only absolute right to a gun that the U.S. Supreme Court has acknowledged is the right to keep a gun in the home for self-protection.

Based on this, homeowners associations can’t prohibit residents from keeping guns in their homes. As far as HOA rules on gun safety go, associations also can’t check whether or not residents have guns in their homes.

Can HOAs Restrict Guns in Common Areas?

Associations can’t stop residents from keeping guns in their homes, but what about the common spaces? Does an association have the power to impose HOA rules on concealed carry in common areas?

Broadly speaking, yes. An association may have the ability to enforce gun restrictions in the common areas of the community. However, there are a few things to consider as well. First, HOA boards should look at state laws. Every state has different gun control laws, so what may be allowed in one HOA may not be allowed in another.

For instance, in Minnesota, “stand your ground” laws don’t exist. There is also a local ordinance that an owner may not discharge a firearm if they are within X feet of a dwelling. Minnesota also allows the banning of guns on private property. Businesses and commercial establishments can prohibit patrons from carrying firearms.

If an HOA does end up enacting gun rules, it is important to go through the proper channels and procedures. Such a rule might require the board to amend its governing documents, which would need a vote from the membership. Sometimes, if the governing documents already allow for such a rule, the board might only need to adopt a resolution.

Once the rule is in place, it is imperative to notify the membership. Send out a written notice according to the requirements imposed by law and your CC&Rs. Boards should also post signs outside of common areas indicating that they are gun-free spaces or buildings.

Regulating Guns in Your HOA: Homeowner Pushback

In general, homeowners associations can prohibit guns or any kind of weapon in the common areas. But apart from state laws, HOAs should also gauge the level of concern residents have about this issue.

In some communities, homeowners might actively push for HOA rules on guns. In others, homeowners might not even care enough to bring it up. If it’s a non-issue in your community, it might not be worth your time even to consider enacting gun rules.

Pushing for HOA gun rules in an otherwise unconcerned community may only ignite the fury of residents. Many homeowners believe that they have a legal right to carry guns. As such, boards should expect some negative reactions and pushback from the membership if the topic is brought up.

Of course, some board members might push for such rules to protect themselves from angry homeowners. Without gun rules in common areas, there’s nothing stopping owners from bringing a gun to a meeting. HOA boards can circumvent this issue by holding meetings in a public place or establishment that prohibits weapons.

Analyzing the Liability Angle

As explained above, an HOA board might want to act preemptively by imposing HOA rules on guns. Yet, there may be no need for these rules if homeowners aren’t clamoring for them. You might argue that the HOA is exposing itself to liability if it does not enforce gun rules, but the opposite may be true.

At a glance, it might seem like a good idea to ban firearms in common areas and meetings to limit potential liability. But, by imposing such a rule, the HOA might be taking on more liability by declaring that it’s responsible for homeowner safety.

Homeowners will now expect the association to police the community and take measures to prevent crime. In that case, if something does happen, homeowners and a court might hold the HOA liable.

It’s best to tread carefully regarding gun restrictions. If the board thinks it’s necessary to implement these rules, they can also choose to regulate guns in smaller ways. For example, instead of banning them altogether, they could implement a rule that prohibits homeowners from brandishing weapons in common areas.

The board can also opt to restrict them from firing these weapons within the community, regardless of what they’re shooting at. Meanwhile, if the problem involves one irresponsible resident, the board may consider fining the member for violating the CC&Rs.

Apart from these, the board can ensure community safety by hosting a firearm safety class. They can also consult an expert and create an active shooter response class in case of emergencies.

Since there is no one-size-fits-all answer to whether or not it is recommended to prohibit guns in common areas, associations should examine their circumstances individually. It is also best to have your HOA board consult an attorney for guidance. In doing so, you can act within your authority while minimizing your association’s exposure to potential liability.

What Are Some Examples of State Gun Laws?

Federal law disallows guns in the following buildings and establishments:

• Federal buildings and courthouses
• Prisons
• Buildings rented by the federal government
• Bureau of Land Management
• Post offices
• National cemeteries
• Native American reservations

However, each state will have its respective laws when it comes to carrying firearms. The three states with the highest number of HOAs include California, Florida, and Texas. Let’s examine each state’s laws regarding guns. The state of Florida bans firearms at government body meetings, legislature or legislature committee meetings, bars, athletic events, colleges, schools, polling stations, and airports.

Meanwhile, the same is true for California. On top of these places, firearms are also not allowed on college, university, and school grounds. They are also banned in state wildlife management areas, childcare facilities, and the Cal Expo center. Moreover, people who are drinking alcohol and those who conceal their identity with a mask cannot carry firearms.

Finally, Texas has the same rules on guns as Florida and California. However, the state also adds racetracks to the list of locations. Furthermore, Texas law prohibits people from carrying unholstered guns. Those involved in criminal activities are also not allowed to carry a concealed handgun.

Can HOAs Put Up ‘No Weapons’ Signs?

It depends on the state. In California and Florida, these signs are usually unenforceable unless they fall under the Off Limits Law. When in doubt, HOA boards should consult the residents before putting one up. Meanwhile, Texas allows these signs only if they meet specific requirements. It’s ultimately best to consult a lawyer before putting up these signs.

A Logical Solution

When it comes to HOA rules on guns, associations should thoroughly check state and local laws and their governing documents. Additionally, it is worth examining whether or not the members of your community are even interested in enforcing such rules.

Then, balance these findings with the HOA’s risk of liability to come up with a rational decision for your association. And, when in doubt, it is always best to seek advice from a lawyer.

Find reputable HOA lawyers and management companies with ease. Start browsing our online directory today!

RELATED ARTICLES:

• How To Prevent Crime In Your Neighborhood & Increase Resident Safety
• Pool Safety: How To Keep Your Community’s Pool Safe For Residents
• Keeping The Neighborhood Safe For Aging Residents In An HOA Community