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.