FARMERS BRANCH, Texas–A law that will go into effect in this state allowing the open carry and concealed carry of handguns has credit unions here scrambling to respond with new policies, and to ensure any signs they post are in compliance with specific rules.
Under the law, House Bill 910, which goes into effect Jan. 1, 2015, employers and business owners do retain the right to prohibit people from carrying a gun into their facilities; however, employers are not permitted to prohibit employees from keeping a gun in a locked, privately owned vehicle in the parking lot or garage. Business owners, regardless of any sign that is posted, will also be able to orally tell people that a gun is prohibited.
Texas already had laws in place allowing the open carry of rifles and shotguns. But contrary to popular belief, the state has had a long prohibition in place on the open carry and display of handguns.
The Cornerstone Credit Union League is reporting that questions about the new law and policies credit unions need to have in place in response have been “rolling in.”
Issues To Address
Among the issues credit unions will need to address is making sure any signs announcing a prohibition on guns inside a CU’s offices meet new regulations. Since the mid-1990s implementation of laws in Texas allowing open carry, private property owners have been permitted to post signs announcing gun prohibitions. That has led to a variety of different kinds of signs, which the legislature attempted to standardize in the new legislation. Now, Texas businesses that prohibit open carrying of handguns must post a sign that:
- Must appear in contrasting colors with block letters at least one inch in height.
- Must be in both English and Spanish.
- Must be displayed in a “conspicuous manner” at the property’s entrance.
- Must say: “Pursuant to Section 30.07, Penal Code (trespass by license holder with an openly carried handgun), a person licensed under Subchapter H, Chapter 411, Government Code (handgun licensing law), may not enter this property with a handgun that is carried openly.”
The Cornerstone league noted that to prohibit concealed handguns, a credit union may provide a written communication (card or document) stating the following: "Pursuant to Section 30.06, Penal Code (trespass by license holder with a concealed handgun), a person licensed under Subchapter H, Chapter 411, Government Code (handgun licensing law), may not enter this property with a concealed handgun."
Any credit union with a sign already in place announcing a ban on concealed handguns must update their signs with the new language.
“Continuing to display the old sign may result in the state refusing to prosecute an offender for what could have been a class C or A misdemeanor,” the CCUL noted.
But credit unions do not have to prohibit people from carrying handguns into their offices.
CU Approaches Varying
How are other credit unions handling this?
“After speaking with numerous credit unions, it appears that credit unions are taking various approaches,” the Cornerstone league said. “Some will display both signs. Some will display the open carry sign only. Some will not display any signage, permitting holders of a gun license to carry openly or concealed onto the credit union premises. Ultimately, it is a credit union business decision.”
In making that business decision, the Cornerstone league said that some issues to consider include:
- Could a person carrying a gun into a financial institution cause fear and panic among members and staff, which could negatively affect credit union business?
- Would the use of guns, even by the "good guys" result in injury or death to credit union members and staff, opening up possible liability to the credit union?
- Would some staff and members, in fact, feel safer with the presence of guns?
- Could prohibiting guns negatively affect credit union business if second amendment enthusiasts protest or withdraw from membership?
The Cornerstone league also urged credit unions to check with their respective insurers regarding the issue.