I have a couple points and some have already been made. First, I am not sure that driving onto the parking lot with a pistol on your hip is going to be a violation of 30.06. the reason I say this is that 30.06 specifically states it applies when carrying under the authority of your CHL. If you are in amotor vehcile that you own (along with the other conditions) you are not carrying under your CHL authority. You are not even violating the law or meeting an exception. It is specifically written that this is allowed as part of the elements of the offense (the state needs to prove this is not true before an offense is even committed). Remember that a CHL is an exception to 46.02 applying and under these conditions it is not applicable to be excepted from.
Of course, I am not a laywer and this is my interpretation of the law. I recommend that you no tbe the test case.
Second, you can be forced to sign anything as a condition of employment. You can still refuse the consent to search since the SCOTUS has ruled many times that consent can be revoked at any time. You will be fired for refusing the consent at the time needed, but it can be done. If the search takes place after you refuse the consent (as some employers may be wont to do), the worst that can happen is you would be fired. The evidence would not stand up in court for any criminal case at all.
And finally, as has been pointed out, the deputies working for your boss off duty must still obey all of the laws. They are always peace officers and all the laws restricting them still apply. The laws on unreasonable searches apply to all people who are working for the govenrment, either directly (peace officer on duty) or indirectly ( a company employee making a search for evidence of a crime to take to the police, especially if asked to by the police).
So, the question you need to ask yourself is how important the job is to you. Do you want to obey thier rules and keep the job or break them and chance being fired? If you really feel the company is bad, I would recommend obeying the rules until you can find another job, then quit instead of being fired. Let them know exactly why you quit. If they lose enough good people, the policy will change.
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- by srothstein
- Tue Jun 03, 2008 4:36 pm
- Forum: General Texas CHL Discussion
- Topic: Employer says "NO!" to guns in cars.
- Replies: 50
- Views: 8066
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