The Senate Commerce and Energy committee has advanced a bill limiting how homeowner associations can restrict firearms.
Senate Bill 39 would prohibit associations from banning firearms on their property. It faced its first legislative test Tuesday.
Sen. Michael Rohl introduced the bill. The Aberdeen Republican said constitutional rights outweigh private property rights.
“I certainly believe in business having the right to control what happens inside their business. But, I don’t think they have the right to take away a constitutional rights of people protecting themselves,” said Rohl.
Not all committee members agreed.
Democratic Sen. Reynold Nesiba said homeowner associations have property rights too.
“I would say that everybody should be able to have a right to be able to have a firearm in their own home if they wish. What I am more concerned about is that if you have a homeowner’s association that simply wants to ban it at the community center," said Nesiba. "That would be my concern, if there is a democratic process by which they decide to do that. I respect that private property right.”
The bill passed the committee on an eight to one vote. It now moves to the Senate floor.
