TexasCHLforum.com

Captain wrote:As for the whole work situation... I already know I can't carry at work... not only is it in the HR employee policy... but I work at a church. So the only way I can carry is to get permission... which I won't get. Funny thing though, I'm taking the CHL class with my boss. What a weird world.

Your church has an HR department?

Your boss would be the one to ask and get permission from, I would think. How large of an organization is this?

Oops. I didn't realize that I wasn't reading the last page. Sorry for the unnecessary late reply.

Captain wrote:Well, no, but from what I've read of the Texas laws, you can't carry in a church unless given express permission... did I read something wrong?

Yes.

PC §46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE
HOLDER. (a) A license holder commits an offense if the license
holder carries a handgun on or about the license holder's person
under the authority of Subchapter H, Chapter 411, Government Code,
and intentionally fails to conceal the handgun.
(b) A license holder commits an offense if the license holder inten-
tionally, knowingly, or recklessly carries a handgun under the authority
of Subchapter H, Chapter 411, Government Code, regardless of
whether the handgun is concealed, on or about the license holder's
person:
(1) on the premises of a business that has a permit or license is-
sued under Chapter 25, 28, 32, 69, or 74, Alcoholic Beverage Code, if
the business derives 51 percent or more of its income from the sale or
service of alcoholic beverages for on-premises consumption, as deter-
mined by the Texas Alcoholic Beverage Commission under Section
104.06, Alcoholic Beverage Code;
(2) on the premises where a high school, collegiate, or profes-
sional sporting event or interscholastic event is taking place, unless
the license holder is a participant in the event and a handgun is used
in the event;
(3) on the premises of a correctional facility;
(4) on the premises of a hospital licensed under Chapter 241,
Health and Safety Code, or on the premises of a nursing home li-
censed under Chapter 242, Health and Safety Code, unless the li-
cense holder has written authorization of the hospital or nursing home
administration, as appropriate;
(5) in an amusement park; or
(6) on the premises of a church, synagogue, or other established
place of religious worship.
(c) A license holder commits an offense if the license holder inten-
tionally, knowingly, or recklessly carries a handgun under the authority
of Subchapter H, Chapter 411, Government Code, regardless of
whether the handgun is concealed, at any meeting of a governmental
entity.
(d) A license holder commits an offense if, while intoxicated, the
license holder carries a handgun under the authority of Subchapter H,
Chapter 411, Government Code, regardless of whether the handgun is
concealed.
(e) A license holder who is licensed as a security officer under
Chapter 1702, Occupations Code, and employed as a security officer
commits an offense if, while in the course and scope of the security
officer's employment, the security officer violates a provision of
Subchapter H, Chapter 411, Government Code.

(f) In this section:
(1) "Amusement park" means a permanent indoor or outdoor
facility or park where amusement rides are available for use by the
public that is located in a county with a population of more than one
million, encompasses at least 75 acres in surface area, is enclosed
with access only through controlled entries, is open for operation more
than 120 days in each calendar year, and has security guards on the
premises at all times. The term does not include any public or private
driveway, street, sidewalk or walkway, parking lot, parking garage, or
other parking area.
(2) "License holder" means a person licensed to carry a handgun
under Subchapter H, Chapter 411, Government Code.
(3) "Premises" means a building or a portion of a building. The
term does not include any public or private driveway, street, sidewalk
or walkway, parking lot, parking garage, or other parking area.
(g) An offense under Subsection (a), (b), (c), (d), or (e) is a Class A
misdemeanor, unless the offense is committed under Subsection
(b)(1) or (b)(3), in which event the offense is a felony of the third
degree.
(h) It is a defense to prosecution under Subsection (a) that the
actor, at the time of the commission of the offense, displayed the
handgun under circumstances in which the actor would have been
justified in the use of deadly force under Chapter 9.
(i) Subsections (b)(4), (b)(5), (b)(6), and (c) do not apply if the actor
was not given effective notice under Section 30.06.
(j) Subsections (a) and (b)(1) do not apply to a historical reenact-
ment performed in compliance with the rules of the Texas Alcoholic
Beverage Commission.

John wrote:

KBCraig wrote: Here's the upside of that: unless the written company policy exactly matches the 30.06 language, you're not legally barred from carrying or keeping a gun in your car. (I'm basing that on a strict reading of what ejector wrote: that he was required to read the policy, and then verbally confirm that he understood what he'd read.)

and most do not match 30.06 language. some places are using video training now and in the video they will mention that no firearms are alowed on company property. I think this would meet the verbal notification requirement. Anyone know if that would be the case?

As video is a recorded medium, I would say that it does not meet the requirements. Video is simply a reproduction of a statement, just as writing is. That being said, I'm not sure how it would play out in a court; I'm not a lawyer and am guessing this probably hasn't been tested yet.

My situation is similar, in the fact that I was notified in a text conversation with my manager. Since this was an actual interactive conversation instead of a recording, I tend to think that it would meet the requirement of verbal notification. Then again, a court may not ultimately agree. Does verbal notification via telephone count? This seems to be a good parallel for my situation. Perhaps some of the more lawyerly types can chime in with their opinion.