By NANCY McDERMOTT
Texas’ new “Open Carry” law, which allows licensed holders to carry a holstered gun in plain view, raises serious concerns for Texas employers. The “Open Carry” bill (HB 910), was signed into law in June 2015 by Gov. Greg Abbott (R) and took effect on Jan. 1.
Current Law vs. New Law
Under the current “Concealed Handgun” law, enacted in 2011, individuals or employees licensed to carry concealed handguns may enter an employer’s property with the firearm unless the employer gives notice forbidding entry (Texas Penal Code §30.06). However, employers may not prohibit employees who hold concealed handgun licenses from storing firearms and ammunition in their parked cars in the employer’s parking lot or garage.
The “Open Carry” law expands licensed handgun owners’ rights by allowing them to openly carry a handgun onto company property, provided it is carried in a shoulder or belt holster. Like the concealed carry law, the new law also allows public and private employers to prohibit the open carry of firearms onto the business premises so long as proper legal notice that complies with newly-enacted Texas Penal Code §30.07 is provided. The notice is similar to the written notice prohibiting concealed handguns, but with slightly different language.
Written Notice Prohibiting Open Carry
The new law (§30.07) establishes an offense for trespassing with an openly carried handgun if a licensed holder enters the employer’s property without effective consent. It also establishes strict requirements for the written notice that employers are required to display if they choose to prohibit the open carry of handguns. A licensed handgun owner receives notice “if the owner of the property or someone with apparent authority to act for the owner provides notice to the person by oral or written communication.” The written notice must:
- contain specific language, as stated in §30.07;
- be posted in English and Spanish;
- have contrasting colors with block letters at least one inch in height; and
- be conspicuously displayed and clearly visible at each entrance to the property.
What Should Employers Do?
If employers decide to prohibit the “open carry” of handguns on company premises, they are required to post written notices at all public entrances to their buildings. The notice or posting must contain the mandatory language and meet all the specified requirements. Employers should inform and train supervisors about the new law and ensure notices are posted by Jan. 1, 2016. Existing company policies may need to be updated to comply with the new law.
NOTE: The Open Carry posters are required only if the decision is made to prohibit individuals from openly carrying handguns in the business. Otherwise, no posting is required. If the decision is made to ban both the open carry and concealed carry of firearms in the workplace, then the employer is required to post both Open Carry and Concealed Carry notices.