Carrying in the Workplace (No CHL)

[2A Citizen]

He needs to seek legal Advice? You bet he does!

 

[mgkdrgn]

mgkdrgn, I sorta doubt that over 1% of business owners or managers ever had anything in writing about being armed or not being armed. A verbal yea or nay took care of the issue.

Until, as my Mom would say, "someone puts an eye out". Then, when the owner is being deposed for the lawsuit, he is asked if he granted permission for his employees to carry deadly weapons at work.

Answer "yes", loose your business.
Answer "no", toss the employee under the bus and keep your livelihood

I wonder what answer they will give ....

 

[Art Eatman]

mgkdrgn, that's irrelevant to what Texas law says, with regard to the OP's question.

Whether before or after Texas having a CHL law, a business manager could take his handgun to his car, drive to the business he manages and take the gun inside. Therein, it was his choice for open carry or concealed carry if he chose to carry, or keep it in a drawer in his desk or under the counter by the cash register.

The whole deal is based on "property under your control".

 

[Madcap_Magician]

Why does he want to go out of his way to find a way to carry a gun at work without a permit when simply getting the permit will solve all of these issues?

 

[mgkdrgn]

mgkdrgn, that's irrelevant to what Texas law says, with regard to the OP's question.

Whether before or after Texas having a CHL law, a business manager could take his handgun to his car, drive to the business he manages and take the gun inside. Therein, it was his choice for open carry or concealed carry if he chose to carry, or keep it in a drawer in his desk or under the counter by the cash register.

The whole deal is based on "property under your control".

In a "criminal case", yes, I can see that.

But what of a civil case brought by an injured customer (or even the robber)? Remember this is a "manager", an employee, no the owner ... and it is the owner being deposed.

 

[GunBugBit]

Your friend is depending on you to get the answer to this very important question, where? On an Internet gun forum? This doesn't add up.

 

[Art Eatman]

mgkdrgn, you're in the "woulda/coulda/shoulda", not the legality of carrying at work. Texas law says he can carry, now as in the past. Results from use are an entirely different matter.

Sure, the carrying might result in a criminally-wrong misuse, or result in some civil action, but that's not the subject of the thread.

What's pertinent is that in Texas, being armed has always been legal in or on property under your control.

 

[MICHAEL T]

Buy him some pepper spray and wish him luck. My feeling is he wouldn't use gun if he had it.

 

[shiftyer1]

I have to side with Art on this one, as long as he is on private property he's good.

A chl would be a good idea but it's not necessary.

Speaking from my personal experience.

IN TEXAS

 

[leadcounsel]

1. Sounds like he's got no experience with guns and just 'wants one' when he thinks he might need one. Sounds VERY naïve and inexperienced. I know many people like this. He needs long term and deep education, not just handing him a gun and hoping for the best.

2. Being a gun owner/carrying a gun is a really important decision, not a whimsical one. With it comes responsibility of life and death decisions, and following the law.

3. If the law there requires a carry license, he's a fool if he ignores it. If he is called on to use a gun he could face criminal charges himself, and if he hurts/kills someone it gets really bad...

He's tempting fate, which might be worse than an armed robbery...

 

[Art Eatman]

The carrying is legal. Period. End of story.

Criminal charges of whatever sort or civil suits for whatever cause have to do with the judgement and actions of the user. That holds true for anybody who legally carries a gun of any type, anywhere. At home, on the street or at the deer lease.