What Businesses Need To Know About Gun Signage

The new open carry gun law has been in effect in Texas as of January 1, 2016. We don’t wish to enter the arms debate -there are recognized safety arguments on both sides of the issue. However, some of our clients have questions regarding requirements of businesses to disallow open carry firearms on their property, so we thought we would share this information with everyone.

 

 

The short answer is “No”. Employers have every right to prohibit workers from bringing firearms into the workplace, however they cannot prohibit employees from storing lawfully owned licensed firearms in personal vehicles in the company parking lot. 

 

 

If no signs are posted on the premises prohibiting the possession of open and/or concealed carry firearms, then gun carriers will not have been notified the business does not want firearms on the property. However, business owners may still notify gun carriers that guns are not welcome in the establishment if no signs are posted.

 

If statutory notice signs disallowing firearms in the establishment are posted, however, a business owner can also verbally consent to a person entering the property while carrying a firearm. This would effectively establish consent and allow the person to enter the property, with either concealed or open carry, despite the posted sign.

 

 

Any business that wishes to prohibit open carry of firearms on a property in Texas must follow specific signage requirements word for word. Otherwise, a licensed handgun holder would not have received effective notice that firearm(s) are not to be brought onto the property.

 

 

A sign that prohibits open carry on company property must be in 1” high letters (in English and in Spanish) and must say the following:

 

“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.”

 

 

The old signs prohibiting concealed gun carry on a premises are no longer valid. Effective January 1, 2016, businesses must display a new sign, which must state:

 

“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.9”

 

 

Businesses that want to prohibit both concealed and open carry firearms must properly display both signs as required by Sections 30.06 and 30.07 of the Penal Code.

 

We recommend consulting with a licensed, reputable and knowledgeable attorney regarding specific requirements and questions about open carry gun laws in Texas if more information is desired.

 

Safety First Consulting helps businesses identify OSHA compliance issues in their workplaces, manage their safety programs, and we become accountable for the results.  In addition to offering custom written safety programs for companies, Safety First Consulting provides required safety training, industrial hygiene sampling, noise sampling, and workplace inspections.