I can see how your instructor might believe this, but this is incorrect. I also suspect that a certain DPS attorney who believes "close is good enough" when it comes to the wording of a 30.06 sign might have expressed such an opinion in the instructor's school, but this is mere speculation on my part.barres wrote:This is what I was told by my CHL class instructor: Employers are not bound to use the wording of PC §30.06 to effectively ban CCW.
Relative portion of Government Code:
GC §411.203. RIGHTS OF EMPLOYERS. This subchapter does not
prevent or otherwise limit the right of a public or private employer to
prohibit persons who are licensed under this subchapter from carrying
a concealed handgun on the premises of the business.
In other words, since the policy is no handguns, and you were made aware of that policy, you could be charged with trespass by a CHL, even without a PC §30.06 - worded sign/written notice.
For what it's worth, I am not a lawyer, and this should not serve as legal advice. Perhaps someone more familiar will chime in with a more definitive answer.
GC §411.203 is actually meaningless; nothing more than a statement of public policy. It was added to the CHL bill in response to opponents' contentions that employers wouldn't be able to stop CHL's from carrying their guns into the building.
An employer wanting to ban handguns from their property can do so by one of two means, or both. They can fire a person for violating a "no gun" policy, or they can use the criminal statutes. If they choose to use the criminal statutes, they have to meet the requirements of the Texas Penal Code and for CHL's this means TPC §30.06.
If an employer is relying upon TPC §30.06 to exclude handguns, they have to either 1) post a sign with the statutorily required language; 2) give each employee a written document containing the exact same language; or 3) give verbal notice that handguns are prohibited. If an employer chooses to use the employee handbook for this purpose, they typically require the employee to sign something acknowledging they have received and will read the handbook.
There are two very common misunderstandings about compliance with TPC §30.06 without the use of a sign; i.e. by using verbal notice or handing someone a card or other document. A document such as the employee handbook or a card given out at the door must contain the exact same language as required for a sign. However, verbal notice does not have to use that specific language. If an employer makes a statement that no guns are allowed, such as during a staff meeting, during a new employee orientation, or in response to an employee's question, then the employer has met the requirements of TPC §30.06 and the employee could be prosecuted for Criminal Trespass.
Regards,
Chas.