On and after July 1, 2025, this bill prohibits a landlord from prohibiting a tenant or tenant's guest from lawfully possessing, carrying, transporting, or storing a firearm, any part of a firearm, or firearm ammunition in the tenant's home, apartment, or business; in a vehicle located in a parking area provided for tenants or tenants' guests by the landlord of the leased premises; or in other locations controlled by the landlord as necessary to enter or exit the tenant's home, apartment, or business, to enter or exit the leased premises, or to enter or exit a vehicle located on the leased premises or in a parking area provided by the landlord for tenants or tenants' guests. LEASE TERMS This bill provides that an existing lease that is in effect on July 1, 2025, that contains lease terms relative to firearms that are in violation of this bill may, for purposes of other lease terms that do not violate this bill, remain in effect and must be amended to comply with this bill prior to July 1, 2026. However, on and after July 1, 2025, any such lease terms relative to firearms that are in violation of this bill are void and unenforceable. However, an existing lease described in the above provision is not in violation of this bill until July 1, 2026, as long as the lease terms relative to firearms that are in violation are not enforced and the lease is amended to comply prior to July 1, 2026. This bill does not prohibit a landlord and tenant from voluntarily entering into a new lease agreement prior to July 1, 2026, to replace an existing lease that contains lease terms relative to firearms that are in violation of this bill. PROCEEDINGS This bill authorizes a tenant who is adversely affected by a violation of this bill to bring a suit against the landlord for actual damages, punitive damages, and recovery of attorney fees. ON FEBRUARY 2, 2026, THE SENATE ADOPTED AMENDMENT #1 AND RESET SENATE BILL 350, AS AMENDED. AMENDMENT #1 rewrites the bill to, instead, prohibit a landlord from prohibiting a tenant or a tenant's guest from lawfully possessing, carrying, transporting, or storing a firearm, any part of a firearm, or firearm ammunition in the tenant's home, apartment, business, or other leased premises; a vehicle located in a parking area provided for tenants or tenants' guests; or other locations controlled by the landlord necessary to enter or exit any such location in leases entered into, amended, extended, or renewed on or after July 1, 2026. Further, this prohibition applies to any rules or regulations adopted or amended on or after July 1, 2026. This amendment allows a tenant who is adversely affected by a violation of this prohibition to bring suit against the landlord or declaratory or injunctive relief, in addition to those damages described in the above summary. However, there is no civil liability for a landlord solely for complying with these provisions. This amendment clarifies that the above provisions do not apply to any premises leased to a state agency or department, an entity or facility that is licensed or contracted with the department of mental health and substance abuse services, or school properties.

Statutes affected:
Introduced: 66-28-402(a), 66-28-402