TexasCHLforum.com

TrueFlog wrote:Now here's the payoff. When I was hired, I had to go through an orientation session during which they told us that guns were not allowed anywhere on company property, even the parking lot. Now that I have my CHL, I look back on that and consider it to be effective verbal notice under 30.06. This means that keeping a gun locked in my car in the parking lot would constitute both a violation of company policy and criminal trespass by a license holder (unless MPA applies). As such, I could not only lose my job but also my right to carry and possibly wind up with a fine and/or jail time. However, if you're correct in stating that car carry falls under MPA and not CHL, then having a gun in my car would violate company policy, but not the law. I could be fired but not prosecuted and would not lose my CHL. Am I interpreting this correctly? Thanks.

You have it correct as I understand the law.

But, you are also right to be skeptical. I have my opinion and my interpretation. That would only really matter if I am the officer responding to the call. Never take legal advice off the internet, especially from non-lawyers. I would suggest not taking it from a lawyer over the internet either. You are the one at risk and the local officer and DA may have different opinions than I do. You have to make the decision for yourself on this.

You might consider asking a good lawyer in your area for his opinion. If you are going to carry, you really need to know a good lawyer to call anyway, just in case things go further downhill than you ever really expected them to.

Trueflog,

I understand why you might think it is a gray area, and why DPS even may have it wrong on their FAQ. But it really is not that gray.

First, the contradiction you mention is not really a contradiction. The law requiring you to show your CHL does not mention how you are carrying it, just if you have a CHL and a pistol on or about your person. Technically, this law would require you to show your CHL even if you were in your own home when the officer asked for the ID, if you were armed there.

The confusion arises over authority to carry and when what laws apply. When you read 30.06, it specifically says it only applies when you are carrying under the authority of your CHL. As a different example that shows this point, can a police officer carry his weapon into a place that is posted if he also has a CHL? Of course he can since he is not using the authority of the CHL. The MPA can act the same way. If the parking lot is properly posted, you cannot carry under the authority of your CHL, but you can still carry under any other authority you might have, such as the MPA or a peace officer license.

My question on the DPS FAQ is if they updated it since the MPA and who checked the law for them. They have been known to have some anti-gun personnel and lawyers working for them.

To answer the original poster, it is clear in the law that you can have the gun in your car. You cannot carry on your person into the stadium.

To answer the other question, 30.06 only applies when you are carrying under the authority of your CHL. In a car, you car not violating any law (MPA made it so), so you are not carrying under your CHL's authority (which would be an exception to the law), so you could have the gun in your car or home in the infield. You could not take it out of the vehicle though.

Well, that is how I read the laws anyway.