L.C. from New Haven County writes:
Dear Mister Condo,
Can condo association limit your 2nd amendment rights? If I have a legal permit to own a firearm, can they deny that?
Mister Condo replies:
L.C., no one can limit your constitutional rights. However, the association can ban firearms from the property, meaning if you want to own a gun, you would have to keep it somewhere else. You may see this as a challenge to your rights but it isn’t. The courts have held that condos and HOAs are not governmental agencies and are therefore not violating your right by disallowing firearms on the property. You may see it differently (I’m guessing you do) but unless the courts change their minds, the association can prohibit firearms. Of course, they cannot take away your right to live elsewhere, which might just be the best solution for you if you insist on bringing firearms into a condo that doesn’t allow it. All the best!
1 thought on “Can the Condo Association Limit My 2nd Amendment Rights?”
This is a multi-faceted subject.
It may be possible to ban firearms only common areas. Additionally the laws may vary in each state, especially regarding concealed or non concealed weapons and permits.
As is often stated, it is best for boards to consult with their attorney before making any decisions regarding firearms.