Q: Some of the board members in our community are considering a rule that no firearms can be kept anywhere on the grounds, including in our own homes. Can they do this?
_ Alan
A: No. This proposed rule is far overstepping the board's authority and would be unenforceable. Considering the close living arrangements and thin walls in a condominium, I can understand why the board may be concerned. However, this is not an area that a condo association should be addressing. The law is well-established that people are allowed to keep a firearm in their homes.
The right to keep a gun in your home for self-defense is seen by the Supreme Court as a fundamental right. Similarly, your association can't put any restrictions on the firearm, such as requiring it to be kept unloaded.
"This makes it impossible for citizens to use them for the core lawful purpose of self-defense and is hence unconstitutional," Justice Antonin Scalia said in 2008.
For the same reason, the type of weapon can't be restricted to only rifles, for example. If the owner may otherwise legally own a firearm, the association can't place additional restrictions on keeping it in the home.
The issue of carrying guns in the common areas of the community is a little more complicated. Still, there is a strong preference against allowing the association to make restrictions. Under state law, there are certain places where people who can otherwise legally carry firearms are restricted, such as schools and courthouses. There also are restrictions on how a gun may be carried in public, such as making sure the gun is out of view. All of the same restrictions will apply in condo common areas even though the unit owner technically owns a small portion of the common areas of the community. These areas are not considered part of the person's home.
If your community has a good reason for a restriction on concealed carry in a common area, it needs to consult with an attorney to make sure that it is not opening itself to an expensive and difficult lawsuit.
