JANUARY 5, 2016
National Employment
Perspective
Focus on Texas
New Open Carry Law Has Substantial Impact on Businesses
In June 2015, Texas Governor Greg Abbott (R) signed into law House Bill 910, legalizing “open carry,” which allows licensed firearm owners to openly carry handguns in most places as of January 1, 2016. Texas law previously allowed only concealed carry of weapons. The new open carry law does, however, permit private businesses to ban open carry, provided they post the required signage.
Pursuant to Section 30.06 of the Texas Penal Code, a business may now prohibit concealed carry on its premises by posting a sign that meets the following requirements:
- Includes text in both English and Spanish;
- Provides the following language: “Pursuant to Section 30.06, Penal Code (trespass by license holder with a concealed handgun), a person licensed under Subchapter H, Chapter 411, Government Code (handgun licensing law), may not enter this property with a concealed handgun”;
- Appears in contrasting colors with block letters at least 1 inch in height; and
- Is displayed in a conspicuous manner clearly visible to the public.
Pursuant to Section 30.07 of the Texas Penal Code, a business may now prohibit open carry on its premises by posting a sign that meets the following requirements:
- Includes text in both English and Spanish;
- Provides the following language: “Pursuant to Section 30.07, Penal Code (trespass by license holder with an openly carried handgun), a person licensed under Subchapter H, Chapter 411, Government Code (handgun licensing law), may not enter this property with a handgun that is carried openly”;
- Appears in contrasting colors with block letters at least 1 inch in height; and
- Is displayed in a conspicuous manner clearly visible to the public at each entrance to the property.
A business must post both signs (under both Section 30.06 and Section 30.07) to prohibit both concealed carry and open carry on its premises. The Texas Department of Public Safety advises that businesses may print these signs or purchase them from a commercial printing company.
This newsletter is prepared by Shook, Hardy & Bacon's National Employment Litigation & Policy PracticeTM.
Contributors to this issue:
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Ashley Harrison
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Bill Martucci
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Attorneys in the Employment and Litigation & Policy Practice represent corporate employers throughout the United States in all types of employment matters. To learn more, please visit SHB.com.