Work and Right of Protection

CHL discussions that do not fit into more specific topics

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mnewlander
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Work and Right of Protection

#1

Post by mnewlander »

Waiting on the mail today for my CHL i thought of this.
I work in a place that has a no weapons policy and is stated in the handbook. now on days i drive this is no problem for i can leave my weapon in the car, but my wife and i only have one car we share and every other week i have to rely on city transportation to get home from work.
My question is this, If policy is i cannot have a weapon at work is this in violation of my right to protect myself to and from work? i know that there is some law about this.

NEB
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Re: Work and Right of Protection

#2

Post by NEB »

The crux of it is that your company has the right to create and enforce a no-weapon's policy at the workplace. They can no longer say that you can't have it in your vehicle (with a few exceptions), but when you agree to work for them, you are putting yourself under their policies.

If no 30.06 sign is posted and you haven't been given verbal or appropriate written notice, you can still legally carry into work as long as it's not a restricted area. However, they can also legally fire you.

Concealed is concealed.
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Jumping Frog
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Re: Work and Right of Protection

#3

Post by Jumping Frog »

Three points.

1. A private property owner has the right to say they do not want firearms on their property. In certain circumstances, employers must allow firearms in employee cars, but an employer absolutely has the right to ban them inside the workplace.

2. Texas is employment at will. This means an employer can terminate employment for almost any reason, or even for no reason at all: "your services are no longer required".

3. If you do not like your employer's pay, working conditions, policies or anything at all, you have the right to find different employment.
Last edited by Jumping Frog on Thu Jun 27, 2013 12:27 pm, edited 1 time in total.
-Just call me Bob . . . Texas Firearms Coalition, NRA Life member, TSRA Life member, and OFCC Patron member

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mnewlander
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Re: Work and Right of Protection

#4

Post by mnewlander »

there are no 30.06 signs anywhere. i should also say i work at a country club. without these signs posted does it not mean that members and guest can carry? This would also mean that guns are allowed on the premises.

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Re: Work and Right of Protection

#5

Post by Dave2 »

mnewlander wrote:there are no 30.06 signs anywhere. i should also say i work at a country club. without these signs posted does it not mean that members and guest can carry? This would also mean that guns are allowed on the premises.
The membership agreement might contain the 30.06 language. They can't really hold guests to that, though, unless they make them sign a waiver or something that has it.
I am not a lawyer, nor have I played one on TV, nor did I stay at a Holiday Inn Express last night, nor should anything I say be taken as legal advice. If it is important that any information be accurate, do not use me as the only source.
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Jumping Frog
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Re: Work and Right of Protection

#6

Post by Jumping Frog »

The rights of members and guest regarding criminal issues have absolutely nothing to do with firearms and your employment relationship.

Without effective notice, a member or guest could not be charged criminally. However, you absolutely could be fired.
-Just call me Bob . . . Texas Firearms Coalition, NRA Life member, TSRA Life member, and OFCC Patron member

This froggie ain't boiling! Shall not be infringed! Μολών Λαβέ

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mnewlander
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Re: Work and Right of Protection

#7

Post by mnewlander »

Thanks for all the insight, guess my job pays for all the ammo so will be without every other week.

Panda
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Re: Work and Right of Protection

#8

Post by Panda »

mnewlander wrote:Waiting on the mail today for my CHL i thought of this.
I work in a place that has a no weapons policy and is stated in the handbook. now on days i drive this is no problem for i can leave my weapon in the car, but my wife and i only have one car we share and every other week i have to rely on city transportation to get home from work.
My question is this, If policy is i cannot have a weapon at work is this in violation of my right to protect myself to and from work? i know that there is some law about this.
The company is not violating your rights. You chose to work there. You chose to take public transportation.

If you don't like the consequences of your choices, make different choices.

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mnewlander
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Re: Work and Right of Protection

#9

Post by mnewlander »

Panda wrote:
mnewlander wrote:Waiting on the mail today for my CHL i thought of this.
I work in a place that has a no weapons policy and is stated in the handbook. now on days i drive this is no problem for i can leave my weapon in the car, but my wife and i only have one car we share and every other week i have to rely on city transportation to get home from work.
My question is this, If policy is i cannot have a weapon at work is this in violation of my right to protect myself to and from work? i know that there is some law about this.
The company is not violating your rights. You chose to work there. You chose to take public transportation.

If you don't like the consequences of your choices, make different choices.

WOW, just looking for some insight, not a scolding. Oh and i make very good choices.
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carlson1
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Re: Work and Right of Protection

#10

Post by carlson1 »

mnewlander wrote:
WOW, just looking for some insight, not a scolding. Oh and i make very good choices.
You did nothing wrong by asking for help that is what the Forum is all about.

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DocV
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Re: Work and Right of Protection

#11

Post by DocV »

mnewlander wrote:there are no 30.06 signs anywhere. i should also say i work at a country club. without these signs posted does it not mean that members and guest can carry? This would also mean that guns are allowed on the premises.

Is your understanding of C 46.035 b.2 the same as mine? That is, you can not carry at the country club when it is holding a professional tournament or if a school is using the country club for a tournament. That would apply to members, guests, and employees.

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Re: Work and Right of Protection

#12

Post by Dave2 »

DocV wrote:
mnewlander wrote:there are no 30.06 signs anywhere. i should also say i work at a country club. without these signs posted does it not mean that members and guest can carry? This would also mean that guns are allowed on the premises.

Is your understanding of C 46.035 b.2 the same as mine? That is, you can not carry at the country club when it is holding a professional tournament or if a school is using the country club for a tournament. That would apply to members, guests, and employees.
Oh, yeah, I'd completely missed the connection between "country club" and "sporting events". Good point!
I am not a lawyer, nor have I played one on TV, nor did I stay at a Holiday Inn Express last night, nor should anything I say be taken as legal advice. If it is important that any information be accurate, do not use me as the only source.
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Keith B
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Re: Work and Right of Protection

#13

Post by Keith B »

Dave2 wrote:
DocV wrote:
mnewlander wrote:there are no 30.06 signs anywhere. i should also say i work at a country club. without these signs posted does it not mean that members and guest can carry? This would also mean that guns are allowed on the premises.

Is your understanding of C 46.035 b.2 the same as mine? That is, you can not carry at the country club when it is holding a professional tournament or if a school is using the country club for a tournament. That would apply to members, guests, and employees.
Oh, yeah, I'd completely missed the connection between "country club" and "sporting events". Good point!
Professional sporting event (i.e. PGA Tournament) yes. However, a school sponsored function may not be off limits. I would say unless the school had exclusive use of the club at the time, then I see it no different than a school field trip to the zoo. The only part that may throw a wrench into it is if you are working with the school event, then you would be participating and that would be a gray area.
Keith
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cb1000rider
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Re: Work and Right of Protection

#14

Post by cb1000rider »

mnewlander wrote: WOW, just looking for some insight, not a scolding. Oh and i make very good choices.
I wouldn't take it as a scolding. Some people get confused about rights when they are working for a private party or private company. You're not one of those people.
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sunny beach
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Re: Work and Right of Protection

#15

Post by sunny beach »

mnewlander wrote:Waiting on the mail today for my CHL i thought of this.
I work in a place that has a no weapons policy and is stated in the handbook. now on days i drive this is no problem for i can leave my weapon in the car, but my wife and i only have one car we share and every other week i have to rely on city transportation to get home from work.
My question is this, If policy is i cannot have a weapon at work is this in violation of my right to protect myself to and from work? i know that there is some law about this.
With a few exceptions, they are not allowed to prohibit employees from having a gun in personally owned vehicles in parking they provide for employees.

However, they can prohibit guns in buildings and on grounds that are not parking areas. They can do that by policy and fire the offenders. They can do that by giving 30.06 notice and having the offenders arrested. That is their right as property owners. In neither case are they violating anybody's rights.
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