Can I prohibit handguns from my house?

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01/26/2016 | Author: TAR Legal Staff

I’m selling my house, and I don’t want anyone carrying guns during a showing or an open house. Can I prohibit agents and prospective buyers from carrying handguns on my property?

Yes. You can prohibit concealed carry, open carry, or both through verbal or proper written notice.

The Texas Penal Code does not outline specific requirements for providing verbal notice. However, it does describe how to give written notice. One way to provide written notice to prohibit both open and concealed carry is to conspicuously post two signs at each entrance of your property—one with language from Texas Penal Code Section 30.06(c)(3)(A) to forbid concealed carry, and the other with language from Texas Penal Code Section 30.07(c)(3)(A) to forbid open carry. The language from the Texas Penal Code for each sign must be in both English and Spanish and printed in contrasting colors with block letters at least one inch in height.

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Categories: Sellers, Homeowners
Tags: legal faq, consumers, sellers


Comments

Laura on 02/04/2016

So the possible injury from the gun by the person on the seller’s property is not respected by you all 3 commenters. I as a home buyer would be hesitant to hire you as my Realtor. I can see all the sides, including yours,  why can’t you?

Lauren White on 01/27/2016

I wouldn’t show a property where I leave myself open and at risk.  I have been a CHL carrier for years.

Phil on 01/26/2016

Agree. Agents go places with people they don’t know every day. Many are women, and need self defense protection. I personally carry daily. I carry concealed, so they wouldn’t know anyway. Besides, if the seller is not there, I don’t understand why they would care.

Realtors must undergo a pretty good background check, and licensed carriers go through a similar, but additional check. If someone has both licenses, it’s a good bet they are a good guy (or gal)...

Barbara on 01/26/2016

So, this seller can expect resistance to show by agents and a resistance by agents to hold an open house.  We are at risk as Realtors; if seller is not home, they should not care.  I would be wary of listing with this seller.


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Legal disclaimer

The material provided here is for informational purposes only and is not intended and should not be considered as legal advice for your particular matter. You should contact your attorney to obtain advice with respect to any particular issue or problem. Applicability of the legal principles discussed in this material may differ substantially in individual situations.

While the Texas Association of REALTORS® has used reasonable efforts in collecting and preparing materials included here, due to the rapidly changing nature of the real estate marketplace and the law, and our reliance on information provided by outside sources, the Texas Association of REALTORS® makes no representation, warranty, or guarantee of the accuracy or reliability of any information provided here or elsewhere on texasrealestate.com. Any legal or other information found here, on texasrealestate.com, or at other sites to which we link, should be verified before it is relied upon.

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