What’s Required to Restrict Concealed and Open Carry on a Property

Can landlords prohibit concealed carry and open carry on their rental property?Yes. Landlords can prohibit open carry, concealed carry, or both in the common areas on the rental premises. Written notice to prohibit both open and concealed carry in common areas or on the property outside of a tenant's private unit 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 if landlords want to prohibit both open and concealed carry in the common areas of the rental property. 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 open and/or concealed carrying of handguns in the common areas of their property. Tenants should also be notified of the landlord’s handgun carrying policies. Be aware though, that Sections 30.06 and 30.07 of the Penal Code explicitly state that it's a defense against trespass charges for tenants and their guests if the carrying of the handgun occurs in the rental unit, en route to or from it, or in a vehicle in a tenant-designated parking area.