The focus of this paper is specifically on the federal and statewide gun regulations which affect the hospitality industry. Citizens and entities are subject to the authority of both the state and federal governments, and therefore subject to all federal and state laws.
The right to keep and bear arms is protected by the Second Amendment of the US Constitution. Federal law restricts or prohibits certain types of guns,
sets age limits, and prohibits possession of firearms in certain places.
1. Weapon Regulations
The National Firearms Act (NFA) regulates the following types of weapons: machine guns (any weapon which shoots, is designed to shoot, or can
readily be restored to shoot, automatically more than one shot, without manually reloading, by a single function of the trigger), and certain parts designed for
weapons that allow fully automatic fire; short barreled rifles; modified shotguns; destructive devices such as bombs, grenades, rockets, and missiles; and nonsporting firearms with bores over 1/2″.
The NFA makes it a federal felony for any person other than the registered owner to possess an NFA firearm. To register an NFA item in a person’s name, he or she must pay a transfer tax, submit an application to the Bureau of Alcohol, Tobacco, Firearms, and Explosives (“ATF”) and receive approval before the transfer. ATF maintains a registry of these weapons known as the National Firearms Registration and Transfer Record. Some states impose an outright prohibition on possession of NFA items. Texas allows possession of NFA items as long as they are kept in compliance with federal law.
Due to the Firearm Owner’s Protection Act civilians may only legally own and transfer machine guns registered before May 19, 1986. Machine guns that were
not registered as of that date may only be legally transferred or possessed by the federal government, a State, or a department, agency, or political subdivision
thereof.5
2. Federal Age restrictions
Persons under 18 years of age may not lawfully possess handguns or ammunition that are only usable in handguns. There are certain exceptions involving
specific circumstances. It is illegal for a gun dealer to sell a rifle or shotgun to anyone under 18 years of age, or to sell any other firearm (including handguns and
NFA items) to anyone under 21 years of age. It is illegal for a gun dealer to sell ammunition for a handgun, shotgun, or rifle to anyone under 21 years of
age.
3. Law Enforcement Officers and Retired Law Enforcement Officers
Congress passed the Law Enforcement Officers’ Safety Act (“LEOSA”) in 2004. The Act allows current and retired law enforcement officers to carry concealed handguns nationwide, regardless of state or local laws (with some notable exceptions, discussed below). Whether or not a person is privileged by LEOSA
(and its amendments) to carry a concealed firearm depends on whether or not he or she meets the federal definitions for either a “qualified law enforcement
officer” or a “qualified retired law enforcement officer.” If a person meets the criteria, then “notwithstanding any other provision of the law of any
State or any political subdivision thereof”, he or she may carry a concealed firearm that has been shipped or transported in interstate or foreign commerce. As a
result, an individual who qualifies under LEOSA does not require a state-issued permit for carrying a concealed firearm in any state. Although LEOSA preempts state and local laws, it also carves out two notable exceptions: “the laws of any State that (1) permit private persons or entities to prohibit or restrict the possession of concealed firearms on their property” (including bars, private clubs, amusement parks, etc.), or “(2) prohibit or restrict the possession of firearms on any State or local government property, installation, building, base, or park.”10 Additionally, LEOSA does not override other coexisting federal laws, including the federal Gun-Free School Zone Act (GFSZA), as well as any federal laws and federal agency policies that restrict the carrying of concealed firearms in certain federal buildings and lands, as well as federal regulations prohibiting the carriage of firearms on airplanes. An officer exercising these rights must carry his
or her photo identification and may not be under the influence of alcohol or drugs.
4. Federal Prohibition of guns in certain places
Federal law makes it illegal to take any “dangerous weapon” into a “federal facility,” which means any building or part thereof owned or leased by the federal government, where federal employees are regularly present for the purpose of performing their official duties.12 Dangerous weapon is defined to include guns. Federal law also prohibits or restricts the carrying of guns into post offices, national parks, military bases, and school zones.
]]>1. Update the Employee Handbook
Under the revised statute, a hotel may still prohibit its employees from carrying guns—whether in a concealed or open manner—while on hotel premises, in hotel vehicles, or in the course of a hotel’s business. A hotel’s policy on concealed or openly carried weapons should be set forth in the employee handbook and other personnel policy manuals. It is important to remember that while “premises” includes buildings and hotel vehicles, it does not include locked, personal vehicles in a hotel’s parking lot, garage, or other parking area. Under Texas law, an employee may lawfully store and transport firearms and ammunition in the trunk of a personal vehicle while the vehicle is in a hotel’s parking area.
The following is a sample handbook policy:
Employees of the Hotel are not permitted to carry (either openly or in a concealed manner) any firearms while on the Hotel’s premises, while at client work locations on Hotel business, while in Hotel vehicles, or while acting as a Hotel representative at any work-related activities, meetings, or functions. This prohibition against the possession or carrying of firearms applies even if the employee is licensed to carry a concealed handgun or to openly carry a handgun by the state of Texas. Employees are permitted to transport and store in a safe and discrete manner a legal firearm and ammunition in a personal vehicle while the vehicle is in the Hotel parking lot. This policy is intended to comply with all applicable state laws concerning employee rights to possess and carry firearms and shall be interpreted and enforced accordingly.
In addition, while employees may lawfully store and transport a firearm in the trunk of a personal vehicle, the law does not allow them to talk about it or threaten to use it. Thus, hotels may want to consider including one additional provision in a handbook and/or policy manual:
Employees are prohibited from making any statements or actions that draw attention to the presence of a lawfully transported weapon or that threaten or intimidate other employees, clients, or visitors with regard to the employee’s lawful possession of a weapon.
2. Display a Notice to Guests and Visitors
The revised statute allows hotels to prohibit licensed holders from entering a hotel with a concealed or openly carried weapon if written notices are properly posted to that effect. Under Texas law, a posted written communication must contain the language set forth below, must be written in contrasting colors with block letters at least one inch in height, and must be displayed in a conspicuous manner clearly visible to the public. It should appear in both English and Spanish.
Sections 30.06 and 30.07 of the Texas Penal Code Annotated require two notices to be posted: one for concealed handguns and one for openly carried handguns. The following notice should be posted to inform those entering a hotel that they may not carry a concealed handgun on the premises:
PURSUANT TO SECTION 30.06, PENAL CODE (TRESPASS BY HOLDER OF A LICENSE TO CARRY A CONCEALED HANDGUN) A PERSON LICENSED UNDER SUBHAPTER H, CHAPTER 411, GOVERNMENT CODE (CONCEALED HANDGUN LAW), MAY NOT ENTER THIS PROPERTY WITH A CONCEALED HANDGUN.
The following notice should be posted to inform those entering a hotel that they may not openly carry a handgun on the premises:
PURSUANT TO SECTION 30.07, PENAL CODE (TRESPASS BY LICENSE HOLDER WITH AN OPENLY CARRIED HANDGUN), A PERSON LICENSED UNDER SUPCHAPTER H, CHAPTER 411, GOVERNMENT CODE (HANDGUN LICENSING LAW), MAY NOT ENTER THIS PROPERTY WITH A HANDGUN THAT IS CARRIED OPENLY.
These signs must be posted at all public entrances or, if all visitors must pass by a single reception area despite multiple entrances, a single sign may be posted in the reception area. It is also recommended that signs be posted in areas where other employment-related notices are posted.
3. Disclose Gun Policies at the Time of Reservation
Texas law also requires that any policy prohibiting a guest’s right to bring firearms onto a hotel premises be disclosed in the terms and conditions of guest reservations on the hotel’s website at the time a reservation is made. Under Texas Occupations Code § 2155.103 (2015), if a guest makes a reservation by phone, the hotel’s written confirmation of the reservation must include information about how guests may access and review the applicable gun policy..
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