Openly Confused:
Key Points Texas Businesses Need to Know
About “Open Carry”
January 2016 • Lockton ® Companies
Individuals who hold valid concealed handgun licenses
JAY R. GNADT, MS, CSP,
CRM, ARM
Senior Vice President
Loss Control Manager
214.969.6740
[email protected]
in Texas are now allowed to openly carry handguns
in belt or shoulder holsters. While Texas is one of 46
states to enact similar laws (Hethcock, 2015), many
unanswered questions remain about the impact this
law will have on businesses and other organizations.
Understanding the
Texas Open Carry Law
Effective date:
January 1, 2016
Unfortunately, this confusion will not be cleared up for
months or years as regulatory agencies and the courts
Who can open carry?
render opinions. This bulletin will attempt to answer
Concealed Handgun License (CHL) Holders
some of the most pressing questions that exist right
Where is open carry not allowed?
now.
Higher education campuses
Who will be allowed to carry a handgun openly?
What can a business or other organization do if they
choose not to allow handguns on their premises?
According to the Texas Department of Public Safety, only
persons who hold a valid concealed handgun license (CHL)
Post the “30.06 sign” to prohibit concealed
handguns and the “30.07 sign” to prohibit
unconcealed handguns
will be permitted to carry an unconcealed handgun. The
handgun must be carried in a belt or shoulder holster, whether
the weapon is loaded or unloaded (Texas Department of
Public Safety, 2015).
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Other prohibited locations include:
Where is the carrying of an
unconcealed (“open carry”)
handgun not allowed?
™™
Locations where high school, college, or professional
sporting events are taking place.
Under the new law, open carrying
™™
of handguns on the campus of a
On the physical premises (in the building) of a
school or educational institution and grounds or
public or private institution of higher
building on which an activity sponsored by a school
education is prohibited. However, a
or educational institution is being conducted. This
holder of a valid CHL may carry a
prohibition may be extended to school board
concealed handgun on such campuses,
meetings according to some interpretations of the
subject to restrictions that the
law.
educational institution may establish
(Texas Department of Public Safety,
2015).
™™
Hospitals, nursing homes, places of worship, and at
government meetings if signs prohibiting carrying
What is meant by “concealed
handgun?”
“A ‘concealed handgun’ means that the weapon cannot
be visible, and that its presence cannot be discernible
concealed handguns are posted.
What can a business or other organization do
if they choose to not allow handguns on the
premises?
Texas law has specific requirements that organizations
through ordinary observation. It is a criminal offense
for a license holder to carry a handgun in plain view, or
to intentionally fail to conceal the weapon (Texas CHL
Online, n.d.).”
must follow to prohibit CHL holders from carrying
concealed or unconcealed handguns on their premises.
To prohibit the carrying of concealed handguns, an
organization must post the following language, often
referred to as the “30.06 sign”:
Where is the carrying of a concealed
handgun not allowed?
Handguns and other weapons may not be carried (Texas
CHL Online, n.d.) at schools, on school buses, at polling
places, in courts and court offices, inside secured areas
Pursuant to Section 30.06, Penal Code (trespass by holder
of license to carry a concealed handgun), a person licensed
under Subchapter H, Chapter 411, Government Code
(concealed handgun law), may not enter this property with a
at airports, and at some other facilities as specified in
the Texas Penal Code. Handguns may not be carried at
a business where alcohol is sold if 51% or more of the
business’s revenue is from the sale of alcohol for on-
concealed handgun.
Such language must be posted exactly as written above in
both English and Spanish, appear in contrasting colors
premises consumption.
with block letters at least one inch in height and displayed
in a conspicuous manner clearly visible to the public
(Texas Department of Public Safety, 2014).
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January 2016 • Lockton Companies
To prohibit the carrying of unconcealed handguns, the organization
must post signage with the following verbiage (Anon., n.d.), often
called the “30.07 sign”:
Summary
The Texas “Open Carry” law that took effect on
Pursuant to Section 30.07, Penal Code (trespass by license holder with an
January 1, 2016, extends the right of CHL holders to
openly carried handgun), a person licensed under Subchapter H, Chapter
carry handguns by allowing them to be carried either
411, Government Code (handgun licensing law), may not enter this
concealed or unconcealed. Unconcealed handguns
property with a handgun that is carried openly.
must be carried in a belt or shoulder holster. “Open
The same requirements apply to posting of signs to prohibit CHL
holders from carrying both concealed and unconcealed handguns. A
business or other organization that desires to prohibit the carrying
of both concealed and unconcealed handguns on the premises must
post both the 30.06 sign and the 30.07 sign. Signage of any other
Carry” is not allowed on higher education campuses
or into other specified facilities. Businesses and other
organizations that desire to prohibit handguns on their
premises must post both the 30.06 sign and the 30.07
sign to cover both concealed-carry and open-carry
situations. Lockton recommends seeking the advice of
type, such as “no weapons” signs or “no firearms” signs, are not
legally sufficient to prohibit CHL holders from carrying handguns
into a business or other organization’s premises (Texas CHL Online,
n.d.). CHL holders who fail to abide by posted signs that meet the
requirements of Sections 30.06 or 30.07 may be charged with a
qualified and licensed legal counsel when developing
or implementing policies, procedures, or programs
regarding firearms.
The “Open Carry” law is also a good reminder that all
organizations should reexamine their overall workplace
criminal offense (Texas Department of Public Safety, 1995).
policies for continued employee safety. Lockton can
provide you with an in-depth analysis of your policies
What about rifles and shotguns (also called “long
guns”)?
and implement effective strategies that are unique to
The State of Texas does not require licensing of rifles and shotguns.
your business and potential exposures.
In general, state law does not prohibit carrying of these weapons
in a public place. People are generally allowed to carry rifles and
shotguns in public places (Houston, 2015).
B I B L I OGR AP HY
Anon., n.d. Texas Penal Code, Section 30.07, s.l.: s.n.
Hethcock, B., 2015. Dallas Business Journal. [Online]
Available at: http://www.bizjournals.com/dallas/blog/
morning_call/2015/08/how-landlords-employers-shouldprepare-for-open.html
[Accessed 17 12 2015].
Houston, S., 2015. Cities and Firearems: Legal Q&A, s.l.:
Texas Municipal League.
Texas CHL Online, n.d. Texas CHL Frequently Asked
Questions. [Online]
Available at: http://www.texaschl.us/faq.htm#definition
[Accessed 17 December 2015].
Texas Department of Public Safety, 1995. Attorney
General Opinions. [Online]
Available at: http://www.txdps.state.tx.us/RSD/CHL/
Legal/ago.htm
[Accessed 18 12 2015].
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Texas Department of Public Safety, 2014. Texas
Concealed Handgun License Laws and Selected
Statutes, Austin: s.n.
Texas Department of Public Safety, 2015. New laws for
Handgun Licensing Program. [Online]
Available at: https://www.txdps.state.tx.us/RSD/CHL/
Legal/newlegislation.htm
[Accessed 18 12 2015].
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