Texas Parking Lot Law

[Gr8apmech]

Well, just got back from out of state and went to work today with my firearm locked inside my vehicle while on the premises of the company I work for. I immediately logged onto the computer to search the database for procedures and found that it is still against the 'rules' to have a weapon in my vehicle while on company property. I work for a large company so they have a 'exceptions' list showing other states where the parking lot exception is written...allowing other states, EX: Oklahoma, to keep a weapon inside their locked automobile.

Should I just wait till my company changes its procedures or continue to lock my weapon inside my truck and if caught, tell them they are breaking the law?

Thanks for your honest, professional opinions.

 

[Kliegl]

I would not compromise my personal protection because of my employer making an illegal rule, however, I would not compromise my employment by allowing myself to be caught by my employer breaking a rule.

In other words, leave it in the console, and make sure you lock the doors. If they want to search your car, refuse on the grounds of it being illegal and stand your ground.

 

[Owen Sparks]

When was the last time your employer searched your car?

 

[Gr8apmech]

Last time my car was searched was 2 years ago. My company was one of the lobbyist who were against the parking lot law. I'm still keeping my firearm in my vehicle while at work. I may put in a word to the Attorney General so they can push the change in the procedure.

 

[Mike1234567]

I work at a Federal facility so I definitely cannot have a firearm in my car. However, if I worked at a civilian facility to which no State or Federal laws applied AND I was never subjected to vehicle searches then I would definitely carry concealed in my car. I just would not tell ANYONE about it.

 

[dodo bird]

I know you don't what to say where you work and I understand that. However why would anyone every search your car where you work? You gotta give us something. Unless you drive in the "secure area" on an airport. Never let anyone ever search your car period!

 

[Kliegl]

Yeah, if my employer tried to search my car, I'd laugh at them, then call the police on them. Of course, my company employs some shoddy contractor security firm, like Securitas or something like that.

 

[Gun Geezer]

I am the Plant Manager of a facility in Texas. I made HQ (in a non-free state) aware of the change and submitted a revised weapons policy. That was a month ago and still nothing from HQ.

Lots of the guys have asked me about it and all I can tell them is that I know what the law says and what the policy says. In 6 years I have never inspected anyones vehicle.

In the mean time, I won't carry in the car.

 

[Gr8apmech]

I do work for an aviation company, on a retired AF base (now belongs to the Port Authority, not federal any longer).

I signed a paper saying I'd abide by the company's processes, one of which allows access to your vehicle for searches.

I'm beginning to believe my only alternative is to park 'outside the gate'.

I'm going to take it to Company Security and see what they've been told. Maybe it'll shed some light on any proposed changes or issues.

 

[dodo bird]

I understand your situation I am in the aviation bidness as well I figured from your screen name. I would not be too quick to stir the pot with letters. If you know you are not parking in secure area of your airport then you should be fine. Print out the new law and keep it in your car in case they want to search your car. Good question and thank you for keeping your airport safe and legal. Your a great American.

 

[tlynch]

I was excited because the law went into effect on opening day of dove season. Much easier getting out to the birds without having to go home first!

Regards,
Tom

 

[JohnKSa]

First of all, company policy documents are often confidential. If you release them to an advocacy group or other entity outside the company you may be fired for that even though they couldn't have fired you for having a gun in the car.

The company can search your car if they want. They can't legally force you to let them do it, but they can certainly fire you if you refuse. The law doesn't say that they can't search your vehicle, it just says that if they find a gun they can't fire you for it. They could always say they're searching for illegal drugs (most companies have a drug policy), for lost company property, etc.

TX is a right to work/at will employment state. Employers can pretty much terminate employees at any time for any reason unless there is an employer/employee contract that says otherwise. So if you make a point of violating the policy and get caught, they may not be able to fire you up front, but they can certainly fire you later for something else or maybe just put your name on a list for the next time they do a force reduction or layoff.

The law makes it less likely that employers will try to actively enforce policies against guns in the parking lot, but it can't actually keep them from firing you. It might offer you some recourse if you are terminated, but it would be totally on your shoulders to prove, in court, why you were fired. That might be impossible and it would certainly be expensive and difficult.

I'd say that you should be smart about what you do. If your company actually has a history of searching vehicles and has publicly made a point of the fact that they oppose the law, then maybe it would be wiser to not leave a gun in the car than to take your chances. If your company never searches cars then maybe some folks in that situation would feel comfortable with having a gun in the car even if the company doesn't seem to be going along with the letter & spirit of the law.

Ultimately everyone's going to have to do their own risk assessment based on their personal risk threshold, their personal circumstances, their employer's past actions and on how the employer seems to be reacting to the law.

 

[dodo bird]

First of all, company policy documents are often confidential. If you release them to an advocacy group or other entity outside the company you may be fired for that even though they couldn't have fired you for having a gun in the car.

The company can search your car if they want. They can't legally force you to let them do it, but they can certainly fire you if you refuse. The law doesn't say that they can't search your vehicle, it just says that if they find a gun they can't fire you for it. They could always say they're searching for illegal drugs (most companies have a drug policy), for lost company property, etc.

TX is a right to work/at will employment state. Employers can pretty much terminate employees at any time for any reason unless there is an employer/employee contract that says otherwise. So if you make a point of violating the policy and get caught, they may not be able to fire you up front, but they can certainly fire you later for something else or maybe just put your name on a list for the next time they do a force reduction or layoff.

The law makes it less likely that employers will try to actively enforce policies against guns in the parking lot, but it can't actually keep them from firing you. It might offer you some recourse if you are terminated, but it would be totally on your shoulders to prove, in court, why you were fired. That might be impossible and it would certainly be expensive and difficult.

I'd say that you should be smart about what you do. If your company actually has a history of searching vehicles and has publicly made a point of the fact that they oppose the law, then maybe it would be wiser to not leave a gun in the car than to take your chances. If your company never searches cars then maybe some folks in that situation would feel comfortable with having a gun in the car even if the company doesn't seem to be going along with the letter & spirit of the law.

Ultimately everyone's going to have to do their own risk assessment based on their personal risk threshold, their personal circumstances, their employer's past actions and on how the employer seems to be reacting to the law.

I think this guy got it right. Just like to add take off any NRA firearms type decals on your car if there are any. I think it is a good idea for anyone.

 

[Gr8apmech]

Company put out a message today. Since the company does not own the property, and is leasing the property - and the fact that the property is adjacent to an Air Force installation, the rule will not change - no guns allowed in the parking lots. The city owns the property, but has not put any signs out saying no weapons allowed in the premises... In other words, I can keep my weapon in my vehicle parked outside the fenced area (on city property, but not on company leased property), but can not keep my weapon in my locked vehicle while inside the fenced area (on-site, company leased parking).

 

[Owen Sparks]

Have there been any vehicle searches at your company before? As long as you keep your mouth shut it is very unlikely that they will search your car at random. Something like this happened in my town years ago when a local factory had a problem with an employee who was arrested for selling drugs in the parking lot. They tried random searches but abandoned the plan when a bunch of employees refused and threatened to quit. This sort of thing makes for terrible publicity in a competitive labor market.

 

[JohnKSa]

Since the company does not own the property, and is leasing the property...

That's not relevant. Since they are leasing it they control it and they make the policies that control it unless there is something in their contract with the lessor that says otherwise. In this case there can't be because...

The city owns the property, but has not put any signs out saying no weapons allowed in the premises...

It is my understanding that Texas municipalities can not legally do so because they are only allowed to use the 30.06 signs in specific instances and parking lots don't qualify as one of those instances.

Texas Penal Code 30.06
(e) It is an exception to the application of this section that the property on which the license holder carries a handgun is owned or leased by a governmental entity and is not a premises or other place on which the license holder is prohibited from carrying the handgun under Section 46.03 or 46.035​

...can not keep my weapon in my locked vehicle while inside the fenced area (on-site, company leased parking).

That's not within the letter or spirit of the law.

 

[Gr8apmech]

Well, it's official...(as the company is going to be anyway). They just placed a 30.06 sign at the front gate...I had to pull over to the sign to read it, but it's there.

Stay vigilant, and thank you for all your opinions and experience.

 

[Bartholomew Roberts]

If you have not already, you should contact TSRA. You are a member, right?

 

[Frank Ettin]

If you have not already, you should contact TSRA....

That's an excellent suggestion, and I hope the OP follows through.

It looks like the OP's employer is taking a tack that's inconsistent with the parking lot law. That being the case, a third party, like the TSRA or NRA or SAF, needs to get involved. It's entirely possible that the only way this will get sorted out is litigation, or at least the credible threat of litigation.

 

[Gr8apmech]

TSRA Member now...

I am a member of TSRA now...

 

[Apocalypse-Now]

Should I just wait till my company changes its procedures or continue to lock my weapon inside my truck and if caught, tell them they are breaking the law?

they're not breaking any law. pretty much ever large corporation in america has a policy against guns on their property. if found, they will fire you, or it can be stolen.

is it worth risking your job? is that gun going to help you out sitting in your car? weigh your priorities.

 

[rondog]

Wow, what kind of a namby-pamby country is this becoming?

 

[acmax95]

I don't live in Texas, but wanted to share a related story.

I work at company that is based out of state with facilities across the country. At our annual HR training they always tell us that firearms are not permitted on company property. KY has a law that allows employees to maintain firearms in their vehicle as long as the employee can legally possess the firearms and it is legally stored in the vehicle. I was aware of the law and had always kept my ccw weapon in my truck during work hours, along with a printout of the KY law.

I was very surprised at our last HR meeting when they brought up the law and changed their policy to coincide with the law.

 

[Flintknapper]

rondog wrote:

Wow, what kind of a namby-pamby country is this becoming?

1st Class.....sounds like.

 

[Frank Ettin]

...they're not breaking any law. pretty much ever large corporation in america has a policy against guns on their property...

Actually, the OP's employer probably is.

See this article:

Gov. Rick Perry has signed legislation championed by Fort Bend State Sen. Glenn Hegar that allows employees to store legally owned firearms in their locked, privately owned motor vehicles while at their workplace....