The State of Texas now allows licensed handgun owners to openly carry their handgun in a shoulder or belt holster in public. In the absence of notice otherwise (or a specific statutory exclusion), the new law, which went into effect on January 1, 2016, permits a license holder to carry her or his handgun openly or concealed on most private property. The new law has led many business owners to consider whether they will allow open carry on their premises. A gun owner violates the new law if he or she carries a licensed handgun on property after the property owner has provided proper notice that it is forbidden.
The following are guidelines on how a property owner may forbid handguns on their property or at their business.
Banning Open Carry Only:
Under Section 30.07 of the Texas Penal Code, an owner of property, or someone with apparent authority to act for the owner, may provide notice that entry on the property by a license holder openly carrying a handgun is forbidden by doing one of the following:
- Orally communicating that open carry is forbidden.
- Providing a card or other document that states, verbatim: “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.”
- Posting a sign on the property that states, verbatim: “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 sign must:
(a) contain this exact language in both English and Spanish;
(b) appear in contrasting colors;
(c) contain block letters at least one inch in height; AND
(d) be displayed in a conspicuous manner that is clearly visible to the public at EACH entrance to the property.
Banning Concealed Carry Only:
Under Section 30.06 of the Texas Penal Code, the owner of the property, or someone with apparent authority to act for the owner, may provide proper notice that entry on the property by a license holder with a concealed handgun is forbidden by doing one of the following:
- Orally communicating that concealed carry is forbidden.
- Providing a card or other document that states, verbatim: “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.”
- Posting a sign on the property that states, verbatim: “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.” The sign must:
(a) contain this exact language in both English and Spanish;
(b) appear in contrasting colors (i.e. black and white);
(c) contain block letters at least one inch in height; AND
(d) be displayed in a conspicuous manner that is clearly visible to the public.
Note, the required language for a 30.06 sign has changed slightly from prior requirements. All 30.06 signs must contain language identical to the abovementioned, and old 30.06 signs must be replaced.
Completely Banning Fire Arms:
In order to completely ban the carrying of handguns on private property, the property owner, or someone with apparent authority to act for the owner, must provide either oral notice as to both restrictions, provide a written card or document that complies with the requirements under 30.06 and another card or document that complies with the requirements under 30.07, or display both 30.06 signage and 30.07 signage. The 30.07 signage must be posted at every entrance to the property, no matter how little that entrance is used.
In Summary:
Displaying signage that complies with Section 30.06 and/or Section 30.07 provides the best evidence that a business owner has given notice that concealed carry and/or open carry on their property is forbidden. However, a business owner that is concerned about the signs’ cost, large size, or unsightly appearance may choose to provide notice by card or oral communication. Note, however, some business owners and employees may hesitate to approach someone carrying a handgun to inform that individual they may not carry on the property.
A business owner that chooses to post signs providing notice of the restriction must be especially careful to use signage that complies precisely with the statute’s requirements. Several websites have been created that map out and list businesses whose signs do not meet the statutory requirements, or 30.07 signs that are not placed at each entrance to the premises. The Department of Public Safety does not provide or sell 30.06 or 30.07 signs; rather, a business owner must print their own signs or purchase them from a commercial printing company.
Hotels must take additional steps to inform their guests of their firearm policy. Under Section 2155.103(a) of the Texas Occupations Code, a hotel must include its policy regarding the possession, storage, and transportation of firearms on its reservation website. If a guest makes a reservation over the telephone, the hotel must include information on how the consumer may review applicable guest policies, which must include the hotel’s firearm policy, on the written confirmation provided to the consumer. A hotel owner or keeper’s failure to comply with Section 2155.103 of the Texas Occupations Code is considered a misdemeanor offense, punishable by a fine of not more than $100.
Lauren Crouch & Laura McClellan
K&L Gates LLP
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