What About Owners of Residential Leased Property?

The Texas Legislature passed a law in 2019 to specify in Section 92.026 of the Property Code that a residential landlord may not prohibit a tenant or a tenant’s guest from “lawfully possessing, 携带, 运输, or storing a firearm” in the tenant’s rental unit or other places on the property necessary to transport the firearm.

Privately owned businesses must post signs corresponding to the type of carry they wish to limit.

德州立法机关通过了HB 1927, 枪支携带法案, during the regular session earlier this year. 这项新法律, 将于9月1日生效, allows any individual 21 years of age or older to carry a handgun in public. There is no longer any requirement for a permit or training. The bill does not allow individuals to carry a firearm under this law if they are otherwise prohibited from owning a firearm by law, such as a person with a felony or a domestic violence conviction.

The new law brings up the question of appropriate signage a privately owned business is required to post to prohibit entry to property by unlicensed individuals 携带 firearms. 根据第30条.《刑法典》第05(c)条, a sign prohibiting unlicensed individuals from 携带 a handgun onto a property must:

  • Include language substantially similar to the following: “Pursuant to Section 30.05, Penal Code (criminal trespass), a person may not enter this property with a firearm.”
  • Include the language in English and Spanish
  • Appear in contrasting colors with block letters at least 1 inch in height
  • Be displayed in a conspicuous manner, clearly visible to the public.
Unlicensed carry of a firearm is still prohibited in some locations even without a sign, 比如大学, 医院, 法院建筑, 和其他人.

This new signage only prohibits unlicensed individuals from entering the property while 携带 firearms.

In order to prohibit licensed individuals from 携带 firearms onto a property, a property owner must follow the signage requirements that were already in place prior to the new unlicensed carry law. There are two separate types of allowed carry to consider.

  • 根据第30条规定的标志.06 of the Penal Code prohibits a licensed individual who is 携带 a concealed handgun from entering the property.
  • 根据第30条规定的标志.07 of the Penal Code prohibits licensed individuals who are openly 携带 firearms from entering the property.

经常, signs also contain pictures of a handgun with the prohibition symbol on it—a circle with a diagonal line through it. Note that a sign with only this image is not sufficient, as the sign must contain the specified language outlined above.