Search found 9 matches

by Keith B
Thu Sep 08, 2011 3:54 pm
Forum: General Texas CHL Discussion
Topic: Passage of TX Senate Bill 321
Replies: 73
Views: 13544

Re: Passage of TX Senate Bill 321

Iunnrais wrote:Well we got clarification of the policies for our location from the owning company today. The policy is that employees of the property owner are able to keep firearms in their vehicle. Employees of companies leasing space in the buildings are expected to follow all restrictions imposed by the property owner. The property owner considers all employees of the leasing companies to be contractors for the purposes of SB 321
So, is the property posted with 30.06? If not, then IMO you are free and clear. The property owner is not your employer, and your employer can't prohibit you from having it in your vehicle. :thumbs2:
by Keith B
Fri Sep 02, 2011 1:27 pm
Forum: General Texas CHL Discussion
Topic: Passage of TX Senate Bill 321
Replies: 73
Views: 13544

Re: Passage of TX Senate Bill 321

Stormwatcher wrote:FYI for those who are interested....

I ran across an article from the Texas Firearms Coalition, written by a Charles Cotton. I really hope it is the Charles Cotton of this forum. It was an article written about Texas SB 321. The following is an excerpt from that article dated June 13, 2011.

In order to get the Bill out of committee, it was necessary to limit the application of SB321 to CHLs in chemical manufacturing plants and refineries. These companies wanted to be completely exempt from SB321 and, failing that, they wanted CHLs to be able to have only handguns in their cars. Fortunately, our friends in Austin stood firm and the only concession made was limiting SB321 to CHLs, but allowing them to have any type of firearm and ammunition they wish in their cars.

Here is a link to the entire article.....it's well worth the read!

https://www.texasfirearmscoalition.com/ ... Itemid=248" onclick="window.open(this.href);return false;

I was also reading at http://www.nradefensefund.org" onclick="window.open(this.href);return false; and found this about a Charles Cotton.

Charles L. Cotton, Trustee
Friendswood, Texas

Current member of the National Rifle Association's Board of Directors. Married with two sons. Committees: Finance, Legal Affairs, Bylaws and Resolutions, Action Pistol. Civil trial attorney and partner with successful Houston, Texas law firm. Consulted with Texas House of Representatives and Texas Senate sponsors of Texas' Concealed Handgun License (CHL) bills from 1993 through 1997, 1999, and 2003. Contributed language to the CHL statute and its amendments, and testified for CHL and anti-lawsuit legislation. At the request of the CHL authors, testified on implementation of the Texas CHL statute. Second Amendment advocate as interviewee on television, radio and talk shows and newspaper articles both before and after passage of Texas CHL statute. Seminar speaker on Texas' CHL statute and Texas firearms laws and state constitutional protections. Competitive shooter, hunter, collector and NRA Certified Instructor. Member TSRA, IDPA, IPSC, NSSR, LEAA, co-founder and Match Director of PSC-IDPA Match.

Please tell me this man and the Charles Cotton of this forum are the same person!

Needless to say.......I am much happier today than I was yesterday. I'll be armed on the way to and from work tomorrow! Thanks everyone for your help!
Yes, it is one and the same Charles Cotton. Charles owns and personally provides this forum for free, as well as is the head of the Texas Firearms Coalition. Charles is a past Executive Director of the Texas State Rifle Association and is a long standing board member of both the TSRA and NRA from a legislative and legal advisory point. His contributions, guidance and lobbying of bills in the Texas legislature have done more to help us regain our firearms rights in this state than we can even fathom.
by Keith B
Fri Sep 02, 2011 11:20 am
Forum: General Texas CHL Discussion
Topic: Passage of TX Senate Bill 321
Replies: 73
Views: 13544

Re: Passage of TX Senate Bill 321

There's your answer Stormwatcher.

Thanks for the input canvasbck. :tiphat:
by Keith B
Fri Sep 02, 2011 10:28 am
Forum: General Texas CHL Discussion
Topic: Passage of TX Senate Bill 321
Replies: 73
Views: 13544

Re: Passage of TX Senate Bill 321

Stormwatcher wrote:Ok.... Are you say the parking lot must meet all three or will only one of these prevent a CHL holder from stowing at a plant. Because ........ At my plant.....
(i) that contains the physical plant ( my plant is further into the complex and secured entry is needed for access.
(ii) that is not open to the public; and ( our gates stay open 100 % of the time during daylight hours and anyone can enter and park. At night..... Mostly after10:00pm the gates are closed.... Cause the really can't monitor the lot well anytime and traffic drops to nothing. During the day....it's a free for all)
(iii) the ingress to which is constantly monitored by security personnel. ( this is debatable. We do have security... This security has view of the ingress but rarely if ever monitor who enters the parking lot during the day due to the sheer volume of traffic and the opposite is probably true at night. Anyone enters during the day and late at night no one enters.

What's your thoughts!
I believe that the parking lot must meet all three criteria to be off limits, because of the AND statement at the end of (ii). However, it may be that (ii)&(iii) are together and (i) is stand alone with the combination of the last two.

Maybe Charles can weigh in on that part.
by Keith B
Fri Sep 02, 2011 8:46 am
Forum: General Texas CHL Discussion
Topic: Passage of TX Senate Bill 321
Replies: 73
Views: 13544

Re: Passage of TX Senate Bill 321

Stormwatcher wrote:OK guys......people keep telling me that I should be able to keep my weapon stowed in my locked vehicle while parked at my chemical plant job.

The way I read it....

Sec 52.061. Says that I can

then

Sec 52.062. says "Exemptions" (a) Sec 52.061 does not
(2) apply to:
(F) property owned or leased by a chemical manufacturer or oil and gas refiner with an air authorization under Chapter 382, Health and Safety Code, and on which the primary business conducted is the manufacture, use, storage, or transportation of hazardous, combustible, or explosive materials, except in regard to an employee who holds a license to carry a concealed handgun under Subchapter H, Chapter 411, Government Code, and who stores a firearm or ammunition the employee is authorized by law to possess in a locked, privately owned motor vehicle in a parking lot, parking garage, or other parking area the employer provides for employees that is outside of a secured and restricted area:
(i) that contains the physical plant;
(ii) that is not open to the public; and
(iii) the ingress into which is constantly


What part of this gives a CHL holder the right to stow? Everything I read says Sec 52.061 does not apply to......
Does the"except" except the "Exemptions"? This is way too confusing!
The except means you are the exception as an employee if you have a CHL, and they cannot bar you from keeping it in your car as long as the parking lot at the petrochemical plant meets the guidelines in blue above.

Employees without a CHL can be barred from having a gun in their car at a petrochemical plant by company policy, just like prior to 9/1.
by Keith B
Thu Sep 01, 2011 7:19 pm
Forum: General Texas CHL Discussion
Topic: Passage of TX Senate Bill 321
Replies: 73
Views: 13544

Re: Passage of TX Senate Bill 321

Hans wrote:Hi all,

I'm new to the site. Been lurking for a while and I figured its time to start contributing. I wanted to share this email I received yesterday regarding SB 321. My understanding of the section of the Texas labor code Mr. Cotton shared is that a company is prohibited from treating contractors differently from employees when it comes to laws regarding labor relations (including SB321). However, one of the local refineries sent out an email stating SB321 does not protect contractors and visitors (I've attached it below slightly redacted to focus on the content rather than the company). SB321 is a new law and has not been tested in the courts yet. Opponents may attempt to circumvent the intent of the law using methods already discussed here. The following email may be one of those attempts. Any thoughts?

Hans


Re: New Texas Firearms Law

You may be aware that on September 1, 2011, a new Texas firearms law (Senate Bill 321) will go into effect. Although this new law may Affect some (company) employees, it has no effect with respect to Contractors or visitors at (company) facilities.

Accordingly, contractors and visitors continue to be prohibited from transporting or storing firearms or ammunition on (company) property, including, but not limited to, buildings, operational areas, and parking facilities.

If you have any questions, please do not hesitate to contact me.

(name)
Contract Administration Section Supervisor Phone (XXX-XXX-XXXX)
Email: name@company.com
Hi Hans, and welcome to the forum. :tiphat:

Unfortunately, this is correct. The bill only covers employees, not contractors, vendors or other visitors to the company.

An example is if the company posted 30.06 signs on the parking lot, it would not apply to the employees, but no other CHL's can come onto the lot with a firearm in their vehicle.

The other thing to realize is the refineries have some more restrictions that they can place on employees with CHL's as to where they are allowed to park.
by Keith B
Fri Jul 08, 2011 8:18 am
Forum: General Texas CHL Discussion
Topic: Passage of TX Senate Bill 321
Replies: 73
Views: 13544

Re: Passage of TX Senate Bill 321

Iunnrais wrote:Hi Keith,

It's a little more complicated than that. Company B doesn't provide staff (aside from the odd consultant/pm for joint projects) in lieu of staff, it provides partitioned access to Company A to infrastructure owned by Company B. I sent a PM with some details to Charles.
Yeah, there may be some of those convoluted types of arangements like that which are really hard to determine how it affects your ability to keep the firearm in the car.
by Keith B
Fri Jul 08, 2011 7:31 am
Forum: General Texas CHL Discussion
Topic: Passage of TX Senate Bill 321
Replies: 73
Views: 13544

Re: Passage of TX Senate Bill 321

Charles L. Cotton wrote:
Iunnrais wrote:Would the same apply where Corp A contracts Corp B to provide X services where Corp A then leases several floors in it's facility to Corp B for Corp B to run it's local business (which includes providing similar ervices to companies other than Corp A using the leased floors)? Or do the policies of Corp A preventing any person on site from possessing weapons on site (including parking lots in vehicles) override SB321 for the employees of Corp B?
Sorry, I can't answer that without a lot more detail. If Corp. B controls the work of it's employees, sets the work hours, provides tools, and all Corp. A does is contract with Corp. B to get the job done, then Corp. A is likely not an employer. However, this is just a very general overview and specific facts could change everything.

Chas.
The dictionary defines 'Employee' as "a person working for another person or a business firm for pay". So, even if a person is contracted to perform work for the company in-lieu of a company employee on a regular basis, then I would say they constitute being a 'contracted for employee' and are covered. My company has a lot of these types of employees that work for us and are hired through temporary agencies. We consider these types of workers as employees and they must follow the rules just as any direct company employee does. The 'Contractors' that I would consider who would not be covered are those contracted for services like electricians, plumbers, maintenance workers, etc that are actually only there on calls for service, etc.
by Keith B
Thu Jul 07, 2011 3:28 pm
Forum: General Texas CHL Discussion
Topic: Passage of TX Senate Bill 321
Replies: 73
Views: 13544

Re: Passage of TX Senate Bill 321

Quite a few other states have passed parking lot laws over the past 3-4 years and we haven't heard of issues in those locations. I doubt many, if any, companies will go through that much trouble to try and find a loophole in the law to work around it. Usually after the initial fight, they just go along with the ruling.

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