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by RottenApple
Wed Feb 06, 2013 12:01 am
Forum: General Texas CHL Discussion
Topic: Handgun locked in Fire Station parking lot
Replies: 8
Views: 1984

Re: Handgun locked in Fire Station parking lot

Gungirl wrote:My understanding is that the law does not matter in an employment issue. Meaning, even if ou may legally carry, if your employer says no carry, and finds out you do, they can fire or reprimand and you have no recourse. This is for premises or property or parking lot, employers can make up rules and fire or reprimand for not following them...if they find out. Your choice on taking the risk. I am fortunate my employer wants me to carry at work.
The part about the parking lot is not correct except in a few specific areas.
Labor Code Subchapter GA
52.061. Restriction on Prohibiting Employee Access to or Storage of Firearm or Ammunition.
A public or private employer may not prohibit an employee who holds a license to carry a
concealed handgun under Subchapter H, Chapter 411, Government Code, who otherwise lawfully possesses a firearm, or who lawfully possesses ammunition from transporting or storing 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.
Sec.A52.062.AaExceptions. (a) Section 52.061 does not:
(1) authorize a person who holds a license to carry a concealed handgun under Subchapter H, Chapter 411, Government Code, who otherwise lawfully possesses a firearm, or who lawfully possesses ammunition to possess a firearm or ammunition on any property where the possession of a firearm or ammunition is prohibited by state or federal law; or
(2) Apply to:
(A) a vehicle owned or leased by a public or private employer and used by an
employee in the course and scope of the employee ’s employment, unless the employee is required to transport or store a firearm in the officia discharge of the employee ’s duties;
(B) a school district;
(C) an open-enrollment charter school, as defined by Section 5.001, Education
Code;
(D) a private school, as defined by Section 22.081, Education Code;
(E) property owned or controlled by a person, other than the employer, that is
subject to a valid, unexpired oil, gas, or other mineral lease that contains a provision prohibiting the possession of firearms on the property; or
(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)A that contains the physical plant;
(ii)A that is not open to the public; and
(iii)Athe ingress into which is constantly monitored by security personnel.
Of course, if that's why they fire you, would they even tell you? And if not, then how do you prove it.

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