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.


EXAMPLE OF SIGN PROHIBITING ALL FIREARMS (30.05):


EXAMPLE OF SIGN PROHIBITING CONCEALED CARRY HANDGUNS (30.06):


EXAMPLE OF SIGN PROHIBITING OPEN CARRY HANDGUNS (30.07):

Question

What if an employee discharges a firearm at the facility’s property in an act of self-defense: Is there any potential liability that would extend to the facility/facility owner?

Answer

In such a scenario, it would be unlikely that a business would be held civilly liable for such acts. Generally speaking, if someone uses force or deadly force in an act of self-defense in Texas, then that person is immune from civil liability for personal injury or death as a result of such force, per Section 83.001 of the Texas Civil Practice and Remedies Code. However, there does not appear to be any law that would protect a private business from civil liability from the use of deadly force which occurred on the grounds of the private business. In other words, there is a potential of being sued for damages should the hypothetical incident occur at your storage facility.

However, there is a clear difference between being “sued” and being “successfully sued” (i.e., held liable for damages). The plaintiff in any such case (i.e., the third party who instigated the incident via deadly force against the facility’s employee) would have to prove a cause of action against the facility owner. Generally speaking, Texas follows the doctrine of “respondeat superior” (i.e., an employer is responsible for the actions of its employees). In those cases, an employer could be held civilly liable in the event that an employee caused an injury by its own negligence or tortious acts. However, if in the hypothetical situation here, the employee was acting in self-defense (and was not found to be negligent or causing a “bad act”), it would be a heavy lift to say that the facility would be liable (given that, by statute, the employee would not be civilly liable).


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