Bradenton Housing Authority forced to change firearms policy

Florida Carry, one of the state’s largest gun rights organization, has again backed the Bradenton Housing Authority into a legal corner over potentially illegal policies.

Florida Carry attorney Eric Friday sent a letter to the BHA on June 30, demanding it remove its “no firearms” language from its public housing leases.

“Florida Carry will seek to hold you personally liable for the actions of the BHA and any contractors who have been given contracts by BHA who are also violating Florida law,” Friday said in his demand letter.

According to Friday, BHA violated Florida statute 790.25, among other statutes that protect Florida residents from having policies in place that contradict lawful ownership, possession and use of firearms and other weapons. Housing authority rules, according to Florida Carry, cannot supersede state and federal gun laws.

The BHA is responsible for most of its housing, but contracts with Washington, D.C.-based Telesis Corp. to manage public housing units at Bradenton Village Apartments and other housing units nearby. Those units include a house where a 12-year-old boy was accidentally shot and killed by his younger brother a week before Florida Carry sent the demand letter.

Police said Thursday the shooting remains under investigation.

Bradenton Village community coordinator Rodney Jones, employed by Telesis, mentioned the no firearms policy in the aftermath of the shooting, a statement noticed by at least one public housing resident, Leticia Marshall.

“I was surprised to read that,” Marshall said. “These are the projects and you don’t know who has what. I don’t think it was right when people are allowed to have guns everywhere else. We have to have a way to protect ourselves.”

Florida Carry’s June 30 letter notified the BHA it was violating state and federal laws and put Telesis on notice, as well. Friday said the BHA “cannot avoid liability by contracting to a third party.”

In May 2016, BHA executive director Ellis Mitchell Jr. attempted to initiate a no firearms policy in BHA offices. Florida Carry intervened at that time and the policy never went forward.

“This is not the first time we have had to address this issue with you,” Friday wrote in the most recent case.

Mitchell responded to Friday’s demand letter on Monday, stating the BHA was already in the process of removing the no firearms policy language from its leases to ensure the public housing agency was not violating the residents’ rights. The exception will be for illegal firearms.

Mitchell said residents will be notified within 30 days that the existing language in the lease will not be enforced, and that the language would be removed in subsequent lease renewals or new lease signings.

Mitchell said Telesis has been notified, but a representative did not immediately return a call for comment. Neither Mitchell nor Friday were immediately available for comment.

This story was originally published July 6, 2017 at 1:17 PM with the headline "Bradenton Housing Authority forced to change firearms policy."