FL HOA Demanding I not Conceal Carry in the Community - Public Streets and no Common Areas

I recently received Cease and Desist letters from my HOA claiming that they have received reports that I am walking through the community with a firearm and inappropriately displaying said firearm.
I have a CCP, but never carried my firearm in the community when I am out walking (I walk in the middle of the night with a 100+ lb aggressive dog). I am a night owl and I work overnights much of the time.
I know that their demand is a violation of my Second Amendment rights and Fla. Stat. §790.01 et seq. and have informed them as such but they are not taking it seriously.
I am really scared because as a professional person, those types of claims, even if unfounded are difficult to defend against. Not to mention the stress I would be under while trying defend myself.
Are there any agencies, that would be taken seriously, who would send them information on my behalf to outline that they are out of their bounds with demanding that I not carry a firearm and secondly repercussions if any for making such false claims to the Sheriff’s department?
Does anyone have any recommendations or insight?

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Welcome

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Thank you!

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Welcome to the community @Melissa39

You are unfortunately most likely going to need to hire a lawyer to determine what your rights are and how to protect them in this case.

This is one of the many significant draw backs of living in an HOA. Since the land it controls does not belong directly to the individual owners and the streets and sidewalks are not public right of ways they are not subject to the same restrictions against infringing on peoples rights as government entities would be. I don’t know if Florida has any laws protecting resident’s of HOAs from rules against carry and possession of firearms in common areas? A lawyer with experience in this field is going to be the best source for answers and possible remedies for the false claims made against you.

The other issue is someone figured out you are a firearm owner and turned you in to the HOA for whatever reason. Maybe it was a nosy neighbor who saw you loading up for a trip to the firing range or maybe it was someone you revealed you were a firearm owner to. Either way you need to cross them off your Xmas card list!

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Yet another reason I made sure there was no HOA when I bought my home!

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Sounds like you probably need to hire yourself an attorney. Find out if the are in fact in violation of that statute and if so, well, I’m not a lawyer myself but it seems you would have nothing to worry about if they are the ones violating the law? Ask your attorney

Any idea how someone knows that you carry in order to make these claims?

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Yeah HOAs suck generally. Somebody on the HOA council has figured it out or you were told upon. As previously mentioned lawyer up and sue if they don’t relent.

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If I’m correct it also violates Floridas Preemptive laws. In layman’s terms, federal law supersedes local laws. I’m no lawyer and could be wrong!

How does an HOA prove that you are carrying? Florida is now permitless carry. Doesn’t sound like you are violating any “law”.
Sounds like @Melissa39 your middle just became, “lawyer!”

Sounds more like someone has it out for you! Do you look like you carry?
Or is it possible someone doesn’t like your dog?
Sounds to me like you have already ceased and desisted.
Not advice at this time, but concealed means concealed.
Nobody can prove you are carrying a firearm!

Wait! I think I’m getting an image of you in your neighborhood…

IMG_4812

If this ain’t you get a lawyer and or consider moving!

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I’m not a lawyer either but I don’t think preemption applies to rules on private property, if that’s what this is [private property rules] then preemption may not mean anything at all

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No lawyer again, even on private property, holds no legal federal authority and surely no state “law” as stated they may be rules that were broken!

I stand corrected. HOA’s are free to act like communist blue states! Guess I would move in a heartbeat!

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I’m also no lawyer, but I live in Florida, and from what I understand the HOA doesn’t always own the roads. Around here at least, the usual process is the developer builds the roads, then when the developer forms the HOA, they “dedicate” the roads to the public, which means the county now typically takes ownership of them. You can go to your local property appraiser website and they pretty much all have property maps showing who owns every square inch of the county. Click on your road and see what it says about ownership.

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My HOA is against me for carrying also, the bears,wolves, coyotes, and cats have had a meeting. :grin::grin::grin:

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I did speak to an attorney. They told me that I could carry if I wanted to and even suggested that I start to carry when I was walking.
As far as a theory on me with a firearm. I am a female over 50 and I am thinking they believe that there is no way I would be walking at those hours without a firearm. I walk between midnight and 3 AM.

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Well, I look like a bum when I walk so no one will mess with me, I’m over 50 so I definitely am not in tactical gear and walking like I have a blackbelt or anything.
Ive never conceal carried, I dont even own a holster. I know I will get flack for that, lol.
I went as far as to call the Sheriff out and ask if there had been any reports and they said no.
I think they are making an assumption that I am carrying because its just me and the dog between midnight and 3 AM.

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I did verify with an attorney and they cannot demand that I not carry in the neighborhood, The streets are public with no common areas. There is also no mention of it in the CC&Rs, only that you cannot discharge a firearm in the neighborhood.

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I did verify with that the streets are indeed public in the community.
So the attorney I spoke to told me that they cant demand I not carry, if I chose to do so. He even recommended that I do so, but I am still concerned.

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Guess it’s time for that holster! And or deep off body concealment. Nobody knows you’re carrying, except us!

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Disclaimer: I am not an attorney and am not qualified to give legal advice. Consult a licensed attorney in your area for definitive answers to specific legal questions.

That said…

HOAs like that are on power trips. They think they ARE the law in their specific neighborhoods, and sadly, because of multiple court decisions, they’re proved right more often than not. And the more facts you throw their way, the bigger the dumpster they’ll toss those facts in if the facts don’t align with their goals.

Your only recourse that I can see is to ensure you are NOT openly carrying where any HOA member can see you, legal rights notwithstanding. In the words of a once-popular movie, you’re going to have to do it better and cleaner than the other guy, at least until they find someone else they want to go after for another imagined infraction.

And in the meantime, consult an attorney with regard to the apparent false accusations they’re leveling against you, especially if they’re affecting you professionally.

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Hello and welcome @Melissa39 that is an original first post. I hope the HOA realizes that they are only in charge of making sure you don’t have dandelions in your yard and not a law enforcement agency.
And yes, please get a holster.

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HOA can tell you to mow your lawn, anything relating to your person and how you live your life is quite frankly none of their business, and their cease and desist isn’t worth the paper it’s written on if you’re obeying the law.

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