Tex. Prop. Code Ann. §§ 92.001–92.355 § 92.026
POSSESSION OF FIREARMS OR FIREARM AMMUNITION ON LEASED PREMISES.
Operative Text
Sec. 92.026. POSSESSION OF FIREARMS OR FIREARM AMMUNITION ON LEASED PREMISES. Unless possession of a firearm or firearm ammunition on a landlord's property is prohibited by state or federal law, a landlord may not prohibit a tenant or a tenant's guest from lawfully possessing, carrying, transporting, or storing a firearm, any part of a firearm, or firearm ammunition:(1) in the tenant's rental unit;(2) in a vehicle located in a parking area provided for tenants or guests by the landlord of the leased premises; or(3) in other locations controlled by the landlord as necessary to:(A) enter or exit the tenant's rental unit;(B) enter or exit the leased premises; or(C) enter or exit a vehicle on the leased premises or located in a parking area provided by the landlord for tenants or guests. Added by Acts 2019, 86th Leg., R.S., Ch. 39 (H.B. 302), Sec. 6, eff. September 1, 2019. SUBCHAPTER B. REPAIR OR CLOSING OF LEASEHOLD
Texas Property Code § 92.026 limits a landlord's ability to ban firearms and firearm ammunition on leased property. Specifically, as long as possession is not otherwise prohibited by state or federal law, a landlord cannot bar a tenant or the tenant's guests from lawfully possessing, carrying, transporting, or storing firearms, firearm parts, or ammunition inside the rental unit, in vehicles parked in landlord-provided parking areas, or in common areas that must be crossed to enter or exit the unit, the premises, or a vehicle. The rule does not override any existing state or federal firearms prohibitions—it simply prevents landlords from adding their own contractual layer of restriction on top of those laws.
Plain English — not legal advice.
Under Tex. Prop. Code § 92.026, property owners and managers generally cannot include lease clauses, rules, or policies that prohibit tenants or their guests from lawfully keeping or transporting firearms, firearm parts, or ammunition in their units, in landlord-provided parking areas, or in common-access areas. Compliant operators review their lease agreements and community rules to ensure no such blanket firearm prohibition exists. Restrictions that are independently required by state or federal law remain permissible, so operators often consult those legal frameworks when evaluating what, if any, firearm-related policies may still be applied.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Tex. Prop. Code § 92.026 establishes that a tenant has the right to lawfully possess, carry, transport, and store firearms, firearm parts, and ammunition in their rental unit, in vehicles in landlord-provided parking, and in areas necessary to access those spaces—regardless of any lease language attempting to prohibit it. If a lease contains a clause that conflicts with this provision, that clause may be unenforceable under Texas law. Tenants who believe their landlord is attempting to enforce a prohibited restriction may wish to review their lease, contact a tenant-rights organization familiar with Texas law, or seek guidance from a licensed Texas attorney.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 28, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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