Employer Guidance on Texas "Constitutional Carry" Law

Effective September 1, 2021, the Firearm Carry Act of 2021 (the “Act”) will allow individuals 21 years of age and older to possess and carry a handgun in public and nonprohibited places.  However, this Act does not substantively change current state laws that allow employers to prohibit employees and the public (e.g., vendors, contractors, visitors) from bringing firearms inside the workplace.   

• The Act does not interfere with an employer’s right to prohibit employees and the public from bringing a firearm inside the workplace (i.e., building or portion of a building) if the employer properly displays both a “no concealed carry” and a “no open carry” signs that comply with the statutory sign requirements.  

• It remains unknown how the Act may affect the workplace from an insurance and risk management perspective.  Regardless, employers and their employees and agents have statutory immunity in a civil action for personal injury, death, property damage, or any other damages unless there was gross negligence.  The mere presence of a firearm does not constitute a failure by the employer to provide a safe workplace.