New Open Carry Law In Texas - A Sign Of The Times

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.

Under the new law, a property owner may prohibit open carry of a handgun by properly displaying a Section 30.07 notice while still allowing concealed carry on the property. If the business elects to prohibit concealed carry, effective January 1, 2016, they will have to display a new sign which must state that:

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 must display both signs in a manner required by Sections 30.06 and 30.07 of the Penal Code.

The above statutory signs are used to give notice to licensed gun owners that entrance onto an owner’s property, with a concealed and/or open carry handgun, is not permitted. If there are no signs posted on the premises, no notice is given that carrying is prohibited, although owners will still be able to orally tell gun carriers they aren’t welcome. If statutory notice signs are posted, however, a property owner can presumably also verbally consent to a person entering the property while carrying. This would effectively establish consent and allow the person to enter the property, with either concealed or open carry, notwithstanding the posted sign.

While employers can prohibit employees from bringing guns into the workplace they can’t prohibit employees from storing lawfully owned licensed firearms in their vehicles in the employers’ parking lot.