Governor Abbott's signing of HB 910 into law seems imminent. When signed, it will authorize those with a carry license to openly carry a holstered handgun (Open Carry), a fact that has Texas property owners wondering how to protect themselves from potential liability. Here are a few steps to consider before the new law becomes effective in January 2016.
BRING IN THE EXPERTS
Texas gun laws are complex and the possible risk and impact on a business will differ. While this new law bestows the right for persons with a carry license (formerly, a concealed carry license) to openly carry, Texas property owners will still have the right to choose whether or not to permit such handguns on their premises at all. To develop a legally sound weapons policy that supports your preference is best done with guidance from your insurers and counsel. Further, it might be prudent to consider training and education for employees who may encounter persons with weapons, whether concealed and later revealed or Openly Carried.
REVIEW YOUR LEASE
Property owners and their lessee/ tenants are encouraged to enter into an open dialogue about how each wants to proceed in regards to banning or permitting weapons on site. Consider adopting a lease amendment that sets out the landlord and tenants' agreement regarding who may determine if guns, open or concealed, will be permitted on premises. Absent an agreement, a tenant might not have the power they'd like for the business they operate.
GIVE 'EM A SIGN – BANNING FIREARMS (CONCEALED OR OPEN CARRIED)
Some businesses may decide that prohibiting guns on premises is the best way to protect their company, its employees and customers. Tex. Penal Code §411.203 permits both public and private employers to prevent or otherwise limit the right of "persons who are licensed from carrying a concealed handgun on the premises of the business".
Although the heading of §411.203 reads "Rights of Employers" the actual language of the statute appears broader. Labor Code 52.062(b) clearly allows an employer to prohibit any employee with a carry license from possessing any firearm on the premises of the employer's business. However, the law also provides that the employer cannot prohibit the same handgun licensed holder from keeping a weapon or ammunition in a locked vehicle in a parking lot or garage or other parking area provided by the employer.
If you do decide to ban guns on premises, property owners and lessees need to comply with very specific statutory notice requirements in Texas Penal Code Section 30.06 and 30.07.
To learn more about those requirements, or to read the full article, click here.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
