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by srothstein
Fri Nov 06, 2009 12:00 am
Forum: General Texas CHL Discussion
Topic: Landlord Lease restricting firearms
Replies: 17
Views: 2966

Re: Landlord Lease restricting firearms

Dragonfighter,

I think there are two distinctions you are missing.

The first distinction is that a hotel or an apartment is a residence under the law. You have some strong rights in a residence in Texas, even if it is temporary. A business lease (like the original poster had mentioned) gives you much less power in those same rights. This is like the difference between personal free speech and commercial free speech. SCOTUS has recognized a difference.

The second, and more important, difference is what the consequences of violating the contract are. It doesn't matter if it is your home, and apartment, a business, or a hotel, if you rent it you can legally have your gun there. The law in Texas is clear that it is not illegal to have a gun in a place you own OR CONTROL (and a lease is control). But, violating a contract can get you evicted from the lease, whether it is your home, hotel room, or business. Another area that Texas has fairly strong laws on is contract law. You can put almost anything that is not illegal in a contract and be bound by it.

And these distinctions would go for speech, religion, etc. If you violate your contract, you get evicted even if you cannot be criminally charged. One example of a lease that limits free speech is the dorm room and posting signs in the window. I recall a small dustup about that a couple years ago too. Students wanted to post things in the windows and were not allowed to. No criminal charges, but punishment from the school for violating the school rules.

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