TexasCHLforum.com

Keith B wrote:

Txmarine2 wrote:So what I have learned is...

1. Employers probably aren't supposed to post 30.06 in employee lots, but there is nothing anyone can do about it if they do.

2. If I drive past the sign, I will most likely get fired, probably go to jail and might get convicted.

Nice job on the "Employee Parking Lot Protection Act" Austin.

Wrong. The employee parking lot bill was a major victory and gave us the freedom to have a firearm in the vehicle. Prior to that my company COULD fire me for having it. They even had to change the company firearms policy to reflect that parking lots were allowed.

Can they fire you? Yes, they can fire you for anything, but you will be able to beat them in court for wrongful termination.

Can you be arrested? Sure, you can be arrested for anything, but you will not be convicted because a 30.06 is not enforceable on the parking lot in your vehicle, and you will be able to sue the city for false arrest.

An unenforceable law, per the AG, that does not protect you from arrest if the employer breaks it by posting. You call that a major victory and freedom? We should expect more from our lawmakers. They will pass a law against individuals and throw us in jail for breaking it without a second thought. They pass a law telling business not to do something and no ramifications whatsoever.

We can agree to disagree, but I think you are DREAMING if you think you could win a wrongful termination one the basis of TLC 52.061. Remember, Texas is an at will employment state. I don't think that suit even flies here if you aren't suing based on protected class status.

SB 321 is a worthless bill that has no practical enforcement. A right with no remedy which means that we have no right to take our guns to work.

So what I have learned is...

1. Employers probably aren't supposed to post 30.06 in employee lots, but there is nothing anyone can do about it if they do.

2. If I drive past the sign, I will most likely get fired, probably go to jail and might get convicted.

Nice job on the "Employee Parking Lot Protection Act" Austin.

jbarn wrote:

Txmarine2 wrote:

Your point was that CHL does not apply to car carry therefor I can ignore the 30.06. I disagree and my counter was that if CHL isn't in play for car carry that 30.05 would be. One of the two would have to apply.

Since a 30.06 sign states that it applies to a person who carries a handgun under 411(h) of the Government Code, it does notnapply to people carrying under another a different authority, like the MPA. A 30.06 sign is not a de facto 30.05 sign.

Jbarn,

The attorney's statement on this was one could argue that they are not carrying under authority of CHL while in their car. That implies that the law is unclear and that it would be up to the judge or jury. I'm not interested in becoming the case law tester so I'm just going to assume it does apply for now.

Thanks for the feedback! Always good to get multiple opinions from the experts! I appreciate it.

Mdreed911,

Thanks for continuing the discussion. I had several exchanges with attorneys at [Pre-paid legal service]. The main point they made is that 52.061 does absolutely nothing to the 30.05 or 30.06 criminal trespass law. It says employers can't prohibit employees from lot carry (which may or may not mean they aren't supposed to put the sign up) but it does not change any criminal implications if you do. The additional thing to know is that the parking lot act 52.061-.063 is not enforceable.

All that to say, if driving past a sign was illegal prior to 52.061 then it is still illegal now. So are discussion is about which laws apply for car carry. Attorney said 30.05 and 30.06 postings can be on any"real property" which absolutely includes parking lots or garages.

Your point was that CHL does not apply to car carry therefor I can ignore the 30.06. I disagree and my counter was that if CHL isn't in play for car carry that 30.05 would be. One of the two would have to apply.

As others pointed out, the fact that you have to notify CHL during a traffic stop is a pretty good indication that CHL rule are in effect during car carry.