3 minute read

Legal Matters

The Impact of Constitutional Carry on Health Care Providers

By Mark S. Armstrong, J.D. Jason T. Weber, J.D. Polsinelli, PC

Effective September 1, 2021, the Texas Firearm Carry Act of 2021, (commonly known as the “Constitutional Carry Bill”) permits legally eligible gun owners 21 years and older to carry their firearms without a Texas License to Carry. Previously, a license to carry a handgun, either openly or concealed, was required and the individual had to complete up to six hours of training, a written exam, and a shooting proficiency exam. Under the new law, a license to carry a handgun is no longer necessary in some instances. Under the new law, a person, other than by a licensed peace officer, may not intentionally, knowingly, or recklessly possesses a firearm on the physical premises of hospitals, nursing homes and mental hospitals, among other identified premises.

While there are good faith defenses to this statute, these defenses will not apply if (1) a sign was posted prominently at each entrance to the premises or other property, or (2) at the time of the offense, the actor knew that carrying a firearm or other weapon on the premises or other property was prohibited.

In accordance with Texas Penal Code § 46.03(o), hospitals, nursing homes, mental hospitals, or other applicable entities may provide notice that firearms are prohibited on the property by posting a sign at each entrance to the property that: • Includes language that is identical to or substantially similar to the following: PURSUANT TO SECTION 46.03, PENAL CODE (PLACES WEAPONS PROHIBITED), A PERSON MAY NOT CARRY A FIREARM OR OTHER WEAPON ON THIS PROPERTY. • The notice language is in both English and

Spanish; • The notice appears in contrasting colors with block letters at least one inch in height; and • The notice is displayed in a conspicuous manner clearly visible to the public.

Assuming the hospital, nursing home or mental hospital has posted the appropriate sign at its entrances, an individual who simply carries a firearm onto a prohibited premise would be subject to a Class A misdemeanor or third-degree felony.

In addition, the new law permits a property owner, or tenant, to prohibit the unlicensed carrying of firearms on their property if the property owner posts a sign at each entrance to the property, pursuant to Texas Penal Code § 30.05(c), that: • Includes language that is identical to or substantially similar to the following: PURSUANT TO SECTION 30.05, PENAL CODE (CRIMINAL TRESPASS), A PERSON MAY NOT ENTER THIS PROPERTY WITH A FIREARM. • The notice language is in both

English and Spanish; • The notice appears in contrasting colors with block letters at least one inch in height; and • The notice is displayed in a conspicuous manner clearly visible to the public.

The maximum penalty for possessing a firearm when a business