Restricting Handguns at the Facility
by TSSA Legal Counsel
Question
Under Texas law, can a self-storage or RV/boat storage facility owner prohibit an employee from bringing a handgun onto the property? We already have a prohibition against handguns at the facility (and a sign that says so) but the manager has asked to carry a gun to work and has a concealed handgun license.
Answer
Can you restrict an employee from bringing a gun onto the property? The answer is both “Yes” and “No.”
Because of the media coverage on the topic, most Texans know that a new state law went into effect in 2021 addressing an individual’s right to legally “open carry” handguns in Texas. In short, individuals may now open-carry handguns in Texas without a “license to carry” or a “license to conceal,” subject to certain requirements.
However, private properties can still ban the general public from carrying firearms on their premises (if they choose to do) so by giving appropriate notice.
As to the general public, if a facility owner chooses to prohibit firearms/handguns on their property, property owners should provide appropriate signage at their property providing notice of such prohibition. There is certain statutory language in the Texas Penal Code that dictates what must be included on signage.
The Texas Penal Code dictates the requirements for three options for signage prohibiting firearms on a privately-owned business:
1) Section 30.05 dictates what must be on a sign prohibiting people from entering onto the property with any firearm;
2) Section 30.06 addresses prohibiting people from entering onto the property with a concealed handgun; and
3) Section 30.07 deals with prohibiting people from entering onto the property with a handgun that is carried openly.
Additionally, 1) the signage must be displayed in both English and Spanish; 2) appear in contrasting colors with block letters at least one inch in height, and 3) must be displayed in a conspicuous manner clearly visible to the public (i.e., outside of the front door/gate/entrance to the property). Examples of the different signs are readily available for sale online.
However, as to the member’s specific question (“Can an employer prohibit an employee from carrying a handgun?”), the answer is both “Yes, to an extent” and “No, not completely.” Under Section 52.061 of the Texas Labor Code, a private employer may not prohibit an employee who (a) holds a license to carry a handgun, (b) otherwise lawfully possesses a firearm, or (c) who lawfully possesses ammunition, from transporting or storing a firearm or ammunition the employee is authorized by law to possess
in a locked, privately-owned motor vehicle in a parking lot, parking garage, or other parking area the employer provides for employees.
An opinion from the Texas Attorney General’s office in 2012 effectively says that this Labor Code law is superior to the Penal Code law (relating to firearms signage) so that, regardless of whether an employer has the appropriate signage prohibiting firearms/handguns on a property, an employee may still keep their firearm in their locked car in the parking lot for employees. However, if the property owner has the appropriate signage, then the employee would still be barred from bringing a handgun/firearm into the building located at the property.
A resource on this issue (including specific references to Penal Code/Labor Code references and signage language) can be found on the following link to the Texas State Law Library’s website
here.
EXAMPLES OF SIGNAGE
Please note: If you reproduce these signs, there are size and readability requirements that must be considered. We recommend you purchase signs from a professional sign provider.