Texas CHL/Employment Question


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goings_51
June 10, 2006, 11:37 PM
Company policy where I work specifically states that weapons are not allowed on company property, even if you have a CHL. GC 411.203 specifically states that CHL laws do not limit the right of employers to control the premisis of the business. However, PC 46.305 f3 specifically defines premises as a building. It also states that parking lots, garages, private roads, etc., are NOT included in the definition of a premises. In all other cases (schools, bars, airports, etc.) I can legally have the gun in the car, just not in the building.

Question...is it legal under Texas law for me to leave my gun in my car in this case? Please be specific.

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rbernie
June 10, 2006, 11:56 PM
Regardless of the legality of it all, your employee WILL most likely terminate your employment if they find out that you have a weapon anywhere on company property, including the parking lot. Doesn't matter if state law could be construed to make it legal or not - if you're an 'at will' employee then you're probably gonna get canned. If you can't afford to lose the job, don't push the envelope. If you can, then you can follow the letter of the law and roll the dice.

Having said that - most employers that I know in Texas that prohibit weapons on company property do NOT post the legally mandated 30-06 sign anywhere. This tells me that, while I may get fired if I work for them and they find a handgun in my possession/vehicle, they can't criminally prosecute me. There are a few businesses that I know that post 30-06 at the entrance to their parking lot. If I enter their lot with a handgun, I believe that I'm legally toast.

goings_51
June 11, 2006, 12:18 AM
I took the CHL class today...the 30-06 sign only applies to the premises and the premises means inside the building... I asked my question about employers in class as well. The answer I was given was the same definition of premises. Like you alluded to, this really sounds like a gray area. I would be really interested if anyone is aware of court cases.

American By Blood
June 11, 2006, 12:19 AM
Off-topic, but the fact that the required anti-CHL signage in Texas is called "30-06" never fails to elicit a chuckle from me.

Snarlingiron
June 11, 2006, 12:29 AM
I work at a company that has the same restrictions. I also happen to know that the CEO, the CFO, Myself (the Operations Manager), and the Operations Manager of a Sister Company are all Texas CHL holders. The restriction was imposed by a multi-billion dollar, Global customer that has a contractual requirement that its vendors must have this restriction in their policy manuals. With all that said, I carry everyday, and lock my Glock 19 in my truck while I am in the building. I am certainly not an attorney, but my assesment is the same. While I could get fired (highly doubtful here), I could not be prosecuted.

Carry on.

Art Eatman
June 11, 2006, 01:51 AM
"Question...is it legal under Texas law for me to leave my gun in my car in this case?"

It's legal in ANY case.

Your primary protection from unwarranted behavior on the part of the employer is "It also states that parking lots, garages, private roads, etc., are NOT included in the definition of a premises."

The owner or agent of any business of any sort, if he knows you're carrying, can legally tell you to remove the firearm from the premises. No 30-06 sign is needed. If you do not leave to do so, you're then trespassing. The 30-06 sign is merely a warning ahead of entering while armed.

An employer has no legal right to search the trunk of your car, but he can offer you the choice of proving you meet his conditions of employment or be fired.

Art

Gray Peterson
June 11, 2006, 02:11 AM
I work at a company that has the same restrictions. I also happen to know that the CEO, the CFO, Myself (the Operations Manager), and the Operations Manager of a Sister Company are all Texas CHL holders. The restriction was imposed by a multi-billion dollar, Global customer that has a contractual requirement that its vendors must have this restriction in their policy manuals. With all that said, I carry everyday, and lock my Glock 19 in my truck while I am in the building. I am certainly not an attorney, but my assesment is the same. While I could get fired (highly doubtful here), I could not be prosecuted.

What kind of company makes it a "contractual requirement" that their vendors ban guns? I wanna know so I can refuse to give them money in the future.

hoji
June 11, 2006, 09:35 AM
Texas is an "At Will Employment State".
This means you can be fired for any reason, at any time.
While it is legal for you to carry, or store in your car, you can still be fired if you violate your company's policies.

atlctyslkr
June 11, 2006, 10:39 AM
Don't ask don't tell.

We have similar laws here (atcually there is no specific legal language that a sign must contain).

I can't and don't worry about it. I keep it under my hat and quiet and have not had any problems. If a company doesn't have metal detectors then how would they know?

dracphelan
June 11, 2006, 12:21 PM
They wouldn't be able to have you arrested. However, they could have you fired.

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