Summer is in full swing and many members are taking vacations. While looking for a place to stay, many are turning to Airbnb as an alternative to hotels. But a question has risen—can an AirBnB owner prohibit my gun? Watch Independent Program Attorney Edwin Walker explain the law in Texas.
You may be thinking that you would rather spend your summer vacation at a quiet private residence rather than a crowded hotel, and are surfing through the available Airbnb or VRBO listings online. The issue of whether or not you can possess a firearm in another person’s house is a generally a matter of private contract law since nearly every state allows a private person to possess a firearm in a structure that is serving as their dwelling even for a short period. Be sure to review your short-term rental agreement closely to see if it restricts the possession of firearms. Further, individuals who use Airbnb are “required to provide notice of and obtain consent for any secured weapons prior to booking, and should use the messaging feature to do so.” In the event that a property owner does not want firearms brought into their homes, the host may cancel the reservation without penalty.
In some circumstances, a person’s possession of firearms on private property could be criminalized. In Texas, if a private property owner does not want an LTC holder to bring in their handgun onto the property, they must provide adequate TPC 30.06 and/or 30.07 criminal trespass notice, this could written into the rental agreement or it could be a posted sign.
Whenever and wherever you are with a firearm always be mindful of the rules and regulations of safe handling and safe storage. Be very mindful to prevent accidental discharges because of the certainty that another’s property will be damaged. Further, whether you are in Texas or another state, most of them have laws prohibiting the reckless storage of firearms where there is the possibility that children may handle them unsupervised.
Finally, one of the most common problems we hear about are folks who have accidentally forgotten to bring home their firearm after a weekend stay. Nothing causes that sinking feeling in your stomach more than a lost firearm. Even if your firearm is found by an honest person who turns it in, it is highly likely that you will have to return to the local of your vacation and prove ownership to the local police in order to have it returned.
Want to learn more information about traveling with your firearm? Download our Travel Guide now. Texas LawShield wishes you safe travels wherever and whenever you may go.
In the video, Mr. Walker says that the posting of a 30.06 or 30.07 sign on a property you have rented has no effect because, once you have rented the property, you are no longer carrying under the authority of your LTC.
However, contrary to Mr. Walker’s words, the text below the video says, “In Texas if a private property owner does not want an LTC holder to bring in their handgun onto the property, they must provide adequate TPC 30.06 and/or 30.07 criminal trespass notice, this could written into the rental agreement or it could be a posted sign.”
Which is it?
So, wait. First, “No matter what the owner of the property or the rental service says, there is no criminal liability for possessing a firearm at your rental.” Texas law specifically allows you to carry a firearm in your rental. Then, the property owner CAN prohibit you from carrying. So which is it? Or is this basically saying you can’t be criminally charged for carrying at an AirBnB but they can cancel on you at any time without penalty?
So??? Which is it?!
The property owner can stop you from carrying on their property. Texas law allows you to transport your firearms to and from your vehicle while staying at a rental. Common sense should explain the rest.