Texas Open Carry Law and Your Business
How the Texas Open Carry Law affects your business and your liability.
“J.R.” Frausto – Concealed Handgun Instructor, Texas DPS Security Instructor & Firearms Instructor.
Contact me to schedule a presentation at your club, organization, or luncheon.
jr@StateOfTexasCHL.com – (979) 236-7785
- When does the OPEN CARRY law go into effect.
- Employer’s rights with regards to the Open Carry law.
- How the new law affects employer liability.
- Allowing or not allowing both the public and/or employees from carrying a licensed handgun on your premises. How to post no firearms notices.
- The new Penal Code 30.07 sign requirements for NO OPEN CARRY on your premises.
- How an open carry handgun must be carried as prescribed by law.
- What is the definition of premises with regards to the Handgun Law.
- Employee’s rights with regards to having a firearm in their vehicle at work.
Understanding the Texas Open Carry Law will help protect your business liability.
Open Carry FAQ for Business Owners
The Open Carry law goes into effect:
January 1, 2016
Employer’s rights with regards to the Open Carry law.
- Employers MAY ban firearms on their premises for employees and/or visitors, BUT… Premise for the section of the Labor Code has the definition of P.C. 46.035 which means a building of a portion of a building the term DOES NOT include any public or private driveway, street side walk or walkway, parking lot, parking garage or other parking area.
- A “No Firearms” policy for employees may be verbal or written. To prohibit non-employees from carrying on the premises a PC 30.06 and/or PC 30.07 sign must be posted. An employer may allow their employees to carry but not visitors.
- Parking Lot Law – Employee Parking Areas: LC §52.061. RESTRICTION ON PROHIBITING EMPLOYEE ACCESS TO OR STORAGE OF FIREARM OR AMMUNITION. A public or private employer may not prohibit an employee who holds a license to carry a concealed handgun under Subchapter H, Chapter 411, Government Code, who otherwise lawfully possesses a firearm, or who lawfully possesses ammunition from transporting or storing a firearm or ammunition the employee is authorized by law to possess in a locked, privately owned motor vehicle in a parking lot, parking garage, or other parking area the employer provides for employees.
What this simply means is an employer can’t restrict a CHL holder from having their handgun and ammunition locked and concealed in the employee’s vehicle in the company provided parking area. There are a few exceptions to this law. The below has been abbreviated for content size but the link is provided for the full text. The below employers can restrict their employees if the following applies:
Sec. 52.062. EXCEPTIONS. (a) Section 52.061 does not:
(1) apply where the possession of a firearm or ammunition is prohibited by state or federal law; or
(A) a vehicle owned or leased by a public or private employer
(B) a school district;
(C) an open-enrollment charter school, as defined by Section 5.001, Education Code;
(D) a private school, as defined by Section 22.081, Education Code;
(E) property owned or controlled by a person, other than the employer, that is subject to a valid, unexpired oil, gas, or other mineral lease that contains a provision prohibiting the possession of firearms on the property; or
(F) property owned or leased by a chemical manufacturer or oil and gas refiner with an air authorization under Chapter 382, Health and Safety Code, and on which the primary business conducted is the manufacture, use, storage, or transportation of hazardous, combustible, or explosive materials, (unless they provide a secure monitored parking area)
How the new law affects employer liability.
Allowing or not allowing both the public and/or employees from carrying a licensed handgun on your premises. How to post no firearms notices.
The new Penal Code 30.07 sign requirements for NO OPEN CARRY on your premises.
How an open carry handgun must be carried as prescribed by law.
What is the definition of premises with regards to the Handgun Law.
Employee’s rights with regards to having a firearm in their vehicle at work.