Texas-Book-Gun Law Armed And Educated - Flipbook - Page 332
The Second Amendment rights of renters (and their guests) are
protected thanks to Texas Penal Code Sections 30.05(f-1)-(f-3).
These sections of Texas law prohibit “no firearms” clauses by
building owners in lease agreements or amendments entered into
after September 1, 2019. This protects tenants’ rights to possess
lawfully owned firearms and ammunition in dwelling units (condos
and apartments) and to transport their guns directly between their
personal vehicles and their homes. Additionally, this same law
provides that there is a defense to prosecution for an alleged
violation of Texas Penal Code Sections 30.06 and 30.07 (criminal
trespass), if the notice was posted in an area needed to access the
rental unit or vehicle of the tenant or guest.
Whether carrying under the authority of an LTC or Texas
Constitutional Carry, a non-prohibited person facing prosecution for
an alleged violation in this situation would have the legal argument
they were lawfully carrying their handgun into a location protected
by Texas’s version of the Castle Doctrine if they moved directly en
route to or from their vehicle to their (or the leaseholder’s) rental
unit or vehicle.
It is important to note that this change in the law does not infringe on
the right of landlords or building owners to prohibit the possession
or carrying of firearms or ammunition in common areas not used to
travel directly en route to a dwelling unit. Therefore, firearms and
ammunition can still be prohibited in leasing offices, swimming
pool areas, workout facilities, mailbox areas, community rooms,
etc. with proper notice. See Tex. Penal Code §§ 30.05(f-1)-(f-3);
see also Tex. Prop. Code §§ 82.002, 82.121, 92.026, 94.257.
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