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by srothstein
Fri Dec 08, 2017 9:16 am
Forum: General Texas CHL Discussion
Topic: Unlicensed Carry on Private Property
Replies: 27
Views: 5906

Re: Unlicensed Carry on Private Property

I thought I would post to break the tie between Vol Texan and Bubba84. I believe Vol Texan gave you the best answer, but I thought I would explain it a little more.

The current state of Texas law is that you may always carry on property you own or that is under your control. As such, you can carry in your business, either openly or concealed. I will caution that open carry may alienate some potential customers and may or may not be the proper tactical choice in the case of a robbery.

Your managers would be legal to carry when they can say the property is under their control (and you get to define how much control they have while you are present). This leads to some very interesting legal questions on what is control. Some places, such as most gun shops, allow all employees to carry openly at work. It is commonly expected and their clientele are not offended by such. I am not sure of the real legality of allowing the sales clerk to carry but it is almost never questioned. You could do the same with your employees if you and your lawyer agree on what constitutes their control of the property.

It is illegal for anyone to carry a handgun, either openly or concealed, on any property they do not own or control unless they have a license from the state. There is no method for a property owner to say that a person may carry on their property in violation of the law. But it is possible to encourage licensed carry. To ban a licensed carrier from carrying on your property requires some very specific signs. If you do not post any signs, you are allowing people with licenses to carry, either openly or concealed. And you can encourage it by posting signs that specifically tell people that licensed carry is welcome. There have been a few places that post signs like this and it generally gets the business some free advertising when it is noticed by a carrier as we talk to each other, such as in forums like this one.

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