Pros and Cons of Texas Apartment Community Gun Control Leases

Gun control has become a major discussion nationwide as of late. With school shootings and other mass shootings happening more frequently, people are wondering what can be done to prevent these tragedies. While it is certainly not a foolproof solution, some apartment communities in Texas are taking gun control into their own hands by enforcing strict gun policies in their lease agreements.

However, are apartment owners in the area allowed to do that? Before discussing the pros and cons, you need to understand the legalities behind apartment communities and gun control.

Legalities

State laws are mixed when it comes to gun control in leased premises. For instance, Tennessee prohibits tenants from possessing firearms. On the other hand, Minnesota and Virginia property owners aren’t allowed to restrict tenants and guests from bringing their guns.

In 2019, the Texas government passed a law that restricted property owners from banning guns on residential property. According to Section 94.257 of the Texas Property Code, tenants of apartments, condominiums, and manufactured housing can bring firearms and ammunition into their homes and transport them from their residential units to their vehicles.

However, many apartment communities in Texas are now enforcing gun control in their lease. This means that tenants who want to bring firearms into their homes must agree to certain rules and regulations set forth by the community, such as storing the guns in a locked case or safe when not in use.

Pros and Cons

Some people believe that this is a step in the right direction when it comes to gun control. They argue that by having these restrictions in place, it will make it more difficult for people with ill intentions to get their hands on firearms. Additionally, they believe that this will help to create a safer environment for everyone living in the community.

Others, however, are not so sure. They believe that by restricting guns on property, it will only make it more difficult for law-abiding citizens to protect themselves. Additionally, they argue that criminals will simply find other ways to obtain firearms if they really want them.

Here are the pros and cons of enforcing gun control on your leased properties:

Pros

Pro #1: Safety

The most obvious advantage of enforcing gun control in apartment communities is safety. By keeping guns out of the hands of residents, there is less chance that a shooting will occur within your leased premises, especially with multifamily residents. This is especially important in densely populated areas where a stray bullet could easily injure or kill an innocent bystander.

Nearly half (48%) of Americans consider gun violence a major problem in the country. Knowing this, putting some sort of gun control in your rental residential properties may make some prospective tenants feel more comfortable about signing a lease with your company.

Pro #2: Peace of Mind

As a property owner, you can sleep well at night knowing you've placed measures that prioritize the safety of your tenants. If an unfortunate event should occur, especially in your leased premises, you'll be able to rest assured that it wasn't because you didn't have a gun policy in place.

Leasing an apartment or condominium isn't just about making money from your property, you have a bigger responsibility of ensuring your tenants' safety. As such, enforcing gun control measures in your lease can be seen as a way of making your property more secure and providing you and your tenants with peace of mind.

Although there's no easy way to completely prevent gun violence, making sure that your tenants are not carrying firearms willy-nilly on your property can help reduce the risks. By ensuring that guns are not allowed in your apartment complex, you can make it more difficult for criminals to access dangerous weapons and make it more likely that any potential incidents will be resolved without violence.

If you want to enforce gun control in your rental properties, create clear announcements and reminders about your updated policies. Aside from updating your contracts, you should also send emails to your tenants about the changes.

Cons

Con #1: Obstruction of Freedom

On the other hand, enforcing gun control as a lease violation in your Texas apartments may be seen as an obstruction of your tenants' right to carry firearms. As stated in the Constitution, the right to bear arms is an inalienable right granted to American citizens. This means that it cannot be taken away by anyone, including the government or your apartment complex. So, while you may have the legal authority to include a gun control clause in your lease agreement, you could be seen as infringing on your tenants' constitutional rights.

You also run the risk of being tagged as non-compliant if you impose strict gun control regulations in your lease, given that the Texas government has explicitly allowed residents to openly carry firearms in residential properties since 2019. In fact, Texas is one of only a handful of states that have adopted this policy. So, if you're not careful, you could end up with a lot of unhappy tenants (and potential legal trouble) on your hands.

Con #2: Possible Loss of Tenants

Speaking of unhappy tenants, you also increase the chances that some of your best tenants will move out if you start enforcing gun control measures in your lease contract. In a state like Texas where guns are such a big part of the culture, some apartment-dwellers simply will not want to live in a complex that doesn’t allow them to keep their firearms on hand.

A significant number (63%) of gun owners admitted that they purchased guns for their protection. So, it’s not surprising that many of them would want to live in an environment where they feel safe and secure. If your complex becomes known as a “gun-free zone,” you may start to see a decline in the number of applicants and an increase in the number of move-outs.

Takeaway

This is a great risk that you'll be taking, so you must really weigh the pros and cons before deciding to put an apartment gun control policy in place for your community. Of course, there's no one-size-fits-all approach to tackling the issue of gun violence and enforcing gun control in Texas apartments. But, by working with your residents, property management team, and local law enforcement, you can develop a plan that works best for your community.

Property managers can get in touch with ExactEstate, a property management software company, to help them keep track of their properties, tenants, and maintenance. Schedule a demo with us to learn more about how our software can support your rental properties.