TexasCHLforum.com

Keith B wrote:

oohrah wrote:Thanks Keith, but the law notwithstanding, the employee (me) would be challenging their system, and I'm not sure I'm ready to go there.

The TSRA wants to know about employers who are not following the law and still prohibit employees from legally possessing a firearm in their vehicle. I would suggest you contact them with details.

oohrah wrote:Thanks Keith, but the law notwithstanding, the employee (me) would be challenging their system, and I'm not sure I'm ready to go there.

Keith B wrote:

nightmare69 wrote:
Actually, this is not 100% correct. MPA does not exempt a person carrying in their vehicle from the Gun Free School Zone Act. They can be arrested and charged under federal law if they are within 1000' of a school and unlicensed. However, the question comes up if local law enforcement can actually enforce that federal law. Either way, the school can ask the person to leave and if they don't then they can be charged with criminal trespass.

Keith B wrote:
That has been in 46.035 as long as CHL has been in existence. The bottom line is school districts are exempt from the parking lot exception and do not have to allow employees to be able to keep a gun in their vehicle on school property.

In your case it sounds like you work for a level headed district with a decent attorney (did I say that? ) who feels it is right for employees to be able to store their firearms in a car if they have a CHL.

Because the law has always been written that a school district can allow CHL holders to carry in the buildings, I know several of the CHL Instructors across the state have been approached by various school districts to do training for their teachers. Harrold ISD in the panhandle area has allowed teachers to carry for 3-4 years if they have a CHL and are approved by the school district process. I think we will see a lot more of a movement toward that here over the next few years.

Keith B wrote:[quote="nightmare69"

Wrong. Your ISD's attorney may have read it and they changed the policy, but the law specifically exempts a school distrcit from having to allow it. However, a school district has always had the capability to allow storage on thier parking lot OR carry in the schools by a CHL holder if they so chose to do so. Below is the law as enrolled during last session.

PREMISES
EXCEPTION

It is an exception to the application of this law that the property on
which the license holder carries a handgun is owned or leased by
the District 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.
Penal Code 30.06 [See also FNCG]

An employer subject to section 52.061 of the Labor Code may not ban the transport and storage of handguns in locked private vehicles by employees with concealed handgun licenses in employee parking areas by posting the notice authorized by section 30.06 of the Penal Code.

A federally approved facility security plan under either the Maritime Transportation Security Act or the Chemical Facility Anti-Terrorism Standards is not federal law that would preempt section 52.061 of the Labor Code.

No statute of which we are aware provides a specific remedy for employees whose employers violate section 52.061. And the Legislature has not authorized this office or any other state agency to take corrective action. Despite the lack of a statutory remedy, an aggrieved employee may, depending on the circumstances, have the ability to sue an offending employer under the Uniform Declaratory Judgments Act.