Lots of people are asking about Texas’ new Open Carry law because it takes effect next week. Many people are wondering if Texas businesses have to allow customers to openly carry firearms on their premises starting January 1. The short answer is: No, if you notify customers not to carry handguns on the premises. Let’s take a look at Texas’ new open carry law.
The open carry law is HB 910; it goes into effect January 1, 2016.
Read it in full here.
Previously, eligible Texans could apply for a license to carry a concealed handgun. This has been changed to a license simply to carry a handgun. In other words, a handgun license allows the holder to carry a handgun openly or to conceal it. An openly carried handgun must be holstered. Note that the open carry law only covers handguns. The new law does not apply to shotguns, rifles, assault rifles, or other long guns. In fact, Texas law is silent about carrying long guns in public except for Penal Code section 42.01(a)(8) which makes it a crime to intentionally or knowingly display any firearm in a public place in a way that is calculated to cause alarm.
Photo by: Eric Gay Scott Smith, a supporter of open carry gun laws, wears a pistol as he prepares for a rally at the Capitol on Jan. 26, 2015, in Austin, Texas. (Associated Press)
Businesses can prohibit both employees and customers from carrying handguns on their premises even if the person is licensed to carry a handgun. However, a business that wants to prohibit handguns must post a notice at every entrance. There are separate notices required to prohibit openly carried handguns and concealed handguns. The notices must be in 1 inch high block letters of contrasting colors in both English and Spanish. The contents of the notices are:
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.
Conforme a la Sección 30.06, Código Penal (traspasar portando armas de fuego), una persona con licencia bajo el Subcapítulo H, Capítulo 411, Código de Gobierno (ley de licencias arma de fuego), no puede entrar en esta propiedad con una pistola oculta.
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.
Conforme a la Sección 30.07, Código Penal (traspasar portando armas de fuego que se realiza abiertamente), una persona con licencia bajo el Subcapítulo H, Capítulo 411, Código de Gobierno (ley de licencias arma de fuego) no puede entrar en esta propiedad con un arma de fuego que se realiza abiertamente.
Many vendors sell notice signs that conform to the legal requirements. If a person carries a handgun into a business that has the notice sign posted, an employee or other authorized person should politely remind the handgun carrier that the business does not allow handguns and ask the carrier to remove the handgun from the building. Carrying a handgun on property where carrying is forbidden is a Class C misdemeanor – essentially the same as a traffic ticket. However, if a handgun carrier refuses to leave after being personally given oral or written notice of the prohibition, the offense is raised to a Class A misdemeanor. A person convicted of a Class A misdemeanor is subject to greater punishment than one who is convicted of a Class C misdemeanor.
Property owners can prohibit visitors from carrying long arms on their property by simply telling visitors that guns are not allowed on the property. No particular form of notice is specified to inform carriers of rifles, shotguns, or assault weapons.
Why are handguns treated differently than rifles, shotguns, assault rifles, and other long guns? Most likely because it is harder to hide a long gun. Handguns fit neatly into a purse, briefcase, or holster where they are not visible; whereas, rifles and other long guns are too large to easily hide on one’s body.
It is important to understand that the Legislature narrowly defined the word “premises” to essentially be inside a building. Even if a business owner prohibits carrying handguns on the “premises,” people may still keep a gun secured in their vehicle.