Tag Archives: Open Carry

Texas Employers Wrestle with Open Carry of Handguns

Texas employers are still confused and wrestling with the laws regarding the open carry of handguns in their workplaces.  I’ve written about this before (here and here), but I understand that this issue is on the minds of many employers in the state right now.

As of January 1, 2016, Texas now allows the more than 825,000 residents who are licensed to carry a handgun to openly display the gun in a shoulder or hip holster. They may also choose to conceal the handgun and carry it with them on their bodies or in bags or purses.

The state has only banned handguns completely in the following workplaces: bars or restaurants earning more than 51% of their revenue from alcohol sales (they’ll have a sign up stating that fact), correctional facilities, high school, collegiate and professional sporting events, school grounds and school buses, polling places, courtrooms and court offices, racetracks and secure areas of airports. It is also illegal under federal law to carry handguns in federal governmental buildings, such as post offices, courthouses, the IRS office, etc.

If the required signs are visible, then hospitals, nursing homes, amusement parks, churches and private businesses like yours can prohibit the carrying of pistols onto the premises by employees and/or visitors.

Even without hanging the required signs, employers can put a written policy in their employee manual prohibiting employees from bringing handguns into the workplace. Should you do this? It depends on your beliefs about guns in general, how comfortable your employees are being around gun-toting coworkers, whether you are located in a safe area of town, whether you have other ways to keep your employees secure, whether you want to face firing a volatile employee wearing a sidearm, and how your customers will react to seeing your employees armed. Have a conversation with your employees to determine the best option for your business.

Once you have decided whether to allow your employees to carry handguns and have adopted a written policy explaining the employee rule, the next question is whether to prohibit customers, vendors and other visitors to your workplace from carrying any kind of handgun on your private property. Continue reading Texas Employers Wrestle with Open Carry of Handguns

Texas Employers Face Open Carry Law

It appears almost certain that the Texas legislature will pass and Governor Abbott will sign a bill allowing the open carrying of handguns in Texas. The law will go into effect by 2016. Visible handguns in belt or shoulder holsters can be carried by anyone currently licensed to carry a concealed handgun in Texas. There are 841,500 Texans, or about 5% of Texans 21 or older, who are current concealed handgun license holders.

Openly carrying a handgun will be prohibited in areas where concealed carrying is now banned: schools, bars, sporting events and businesses that have posted signs banning handguns on the premises.

Employers in Texas need to decide now whether employees will be allowed to openly carry a handgun in the workplace. When concealed carrying was the rule, employers could take a sort of “don’t ask, don’t tell” stance on guns in the workplace. Now decisions have to be made because the issue will be so evident.

Texas employers may completely ban all guns on the premises, allow customers to openly carry but choose to prohibit employees from doing so, or also allow licensed employees to openly carry in the workplace. Considerations include deciding how your particular clientele and your workforce will feel about guns. Continue reading Texas Employers Face Open Carry Law