Can landlords ban concealed carry and open carry from their property?
Yes. Landlords can give verbal or written notice that handguns are prohibited and can ban open carry, concealed carry, or both.
Written notice to prohibit both open and concealed carry can be provided in a document such as a lease or through a posted sign.
To provide written notice to tenants in a lease, you must use the language found in Section 30.06(c)(3)(A) of the Texas Penal Code to prohibit concealed carry, and the language found in Section 30.07(c)(3)(A) of the Texas Penal Code to prohibit open carry. Both notices must be included in the lease to prohibit both open and concealed carry. An appropriate place to write these notices in the lease is in Special Provisions.
Another way to provide notice to tenants and other people entering the property is through a sign. You must conspicuously post two signs at each entrance of the property—one with the language from the Texas Penal Code Section 30.06(c)(3)(A) to forbid concealed carry, and the other with language from the Texas Penal Code Section 30.07(c)(3)(A) to forbid open carry. The language from the Texas Penal Code must be in both English and Spanish and must be printed in contrasting colors with block letters at least one inch in height.
Landlords should review their rules and regulations and update them to reflect their policy for handguns on their property. Tenants should also be notified of the landlord’s handgun policies.
I suspect Texas Penal Code Section 46.02 (2)(A) might reveal something to the contrary.
Very interesting topic, I have not come across this yet. Would love to hear if others have and what others take is on this subject.
That is the moment I would be out of the deal. I would not list nor would I show a property that displayed these signs. I would forfeit the listing and or the tenant. I refuse to fly, attend church – I refuse to go anywhere I can’t carry. With the exception of my doctor’s office and a bar – no reason to ever have a gun in a bar.
Actually a bar would probably be off limits at all times (51% rule)
I just spoke to an attorney friend who said: “I don’t know how a court would rule on a lease contract that prohibited possession of a handgun by a lessor. The express language of §§30.06/30.07 would seem to apply to lease contracts. However, since we are dealing with someone’s home, I think there’s a very good argument that such provisions violate Art. 1, Sec. 23 of the Texas Constitution that reads: “Sec. 23. RIGHT TO KEEP AND BEAR ARMS. Every citizen shall have the right to keep and bear arms in the lawful defense of himself or the State; but… Read more »
Why “The language from the Texas Penal Code must be in both English and Spanish…”? The last time I checked Spanish is not an official language in Texas.
Post it without spanish or have any verbiage or grammitcal portion wrong or out of place and the entire 30.06 and 30.07 is null and void.
Ok. I guess I’m a bit slow. But if the article is trying to say that a landlord can put into a lease that a tenant cannot have a firearm on the property after they take possession of the property , why don’t they just say it clearly and unequivocally?
It seems that every time this comes up they dance around it a bit.
Also….. I wonder how that might hold up in court. TAR seems to be sticking their necks out a bit on this one. According to the second amendment I can have a gun on my own property, which it technically becomes after I lease it.
What other rights can be restricted in a lease? Maybe a lease can say I’m only allowed to put a certain political parties sign in my yard. If tgey can restrict one right guaranteed by the constitution (2nd amendment), why not restrict free speech?
Or the 3rd amendment, they could place soldiers in your home.
I can’t agree with the logic on this. I am a residential property manager (single family). It does not make sense to me to use the terms “concealed carry” or “open carry” in a private residence. That is just called “possessing a firearm”. In my opinion there are too many logical issues with this to try to work into a residential lease.
I think TAR might want to revisit this position. If you are telling me that a landlord can restrict a single family tenant from having a gun in their home I think you are looking at a huge violation of the second amendment to the Constitution of the United States and this would open everybody up to a huge lawsuit. I wouldn’t even consider this for any property under management with my company.
Is it legal to conceal carry on private property?