A South Carolina condominium association has told residents they may no longer carry firearms through many of the shared spaces surrounding their own homes, including parking lots, sidewalks, and the community mail kiosk.
The sweeping restriction at Forest Pines Condominiums in Horry County is drawing objections from residents and raising serious questions about how far a homeowners association may go in regulating the lawful carry of firearms.
According to an email obtained by WMBF News, firearms, “whether openly carried or concealed,” are prohibited in Forest Pines common areas, including:
- The pool and pool deck
- The clubhouse and restrooms
- The mail kiosk
- Parking areas
- Sidewalks and landscaped grounds
- All other HOA-maintained outdoor spaces
Can a South Carolina HOA Ban Firearms?
The email goes on to say residents may lawfully possess firearms inside their private residences, and may even transport firearms to and from their vehicles, as long as it is not “displayed, handled, or carried” through the common areas more than what is “reasonably necessary”.
A serious question arises about the HOA’s authority to do this and/or what is required by state law in order to do this.
HOAs can make rules for people who live in the property covered by the HOA. The HOA cannot impose criminal penalties. They may impose fines or sanctions, such as limiting access to HOA facilities.
South Carolina Has Strict Gun-Ban Sign Requirements
Private property owners can ban people who are not owners from bringing firearms onto the private property. South Carolina Code § 23-31-235 (2025) concerns signs that are required to be posted in order to prohibit the carrying of concealable weapons, whether openly or concealed.
In order to be enforceable by law, the signs must meet particular criteria. For buildings, signs must be posted at all entrances. If there is a door, the signs need to be eight inches by twelve inches tall. The letters on the sign need to be in black, one-inch-tall letters. The sign needs to include a seven inch diameter circle with the black silhouette of a handgun and a diagonal line which runs from the upper left to the lower right of the circle. When a door does not exist, the sign has to be 36 inches wide by 48 inches tall.
WMBF reported that no signs meeting South Carolina’s statutory requirements were visibly posted at Forest Pines Condominiums. A resident likewise said there were no firearms-prohibition signs at the pool, clubhouse, or elsewhere in the development.
The absence of compliant signs raises questions about whether the HOA has provided the notice required to pursue a firearms-related trespass charge under South Carolina law. It does not necessarily invalidate the HOA policy or prevent civil enforcement against residents. Whether the association may impose fines, suspend access to amenities, or otherwise sanction owners depends on the authority granted by Forest Pines’ recorded declaration, bylaws, and other governing documents.
Those documents are especially important because condominium owners generally possess an ownership interest and access rights in the development’s common elements. Without reviewing them, it is impossible to determine conclusively whether the HOA may prohibit residents from carrying firearms on sidewalks, in parking areas, or while retrieving their mail.
Florida HOA Faced Similar Backlash
A Florida HOA was recently warned by Florida Attorney General Uthmeier HOA policies banning firearms from common areas were a violation of Florida law. The Florida HOA announced the policy in May of 2026. Florida law is not the same as South Carolina law.
The South Carolina AG does not appear to have issued a statement on the Horry County HOA firearms ban as of this writing.
About Dean Weingarten:
Dean Weingarten has been a peace officer, a military officer, was on the University of Wisconsin Pistol Team for four years, and was first certified to teach firearms safety in 1973. He taught the Arizona concealed carry course for fifteen years until the goal of Constitutional Carry was attained. He has degrees in meteorology and mining engineering, and retired from the Department of Defense after a 30 year career in Army Research, Development, Testing, and Evaluation.
