Texans Gain the Right to Store Firearms in their Cars While

[rp_photo]

Here's a scenario I sometimes face and see no easy solution to:

My day job sometimes requires day or overnight trips to refineries in which I have drive-in privledges. As I see it, there is no way to carry other than risking some type of deep concealment in the vehicle or if staying overnight, checking into the hotel first and/or out last, which would usually incur an extra day of expense.

In some other cases, parking is outside security in which case I would feel comfortable leaving it in the car unless there was a lot entrance 30.06, which I've never seen.

[2farnorth]

Interesting interpretation from DPS. Says applies to CHLs according to this DPS release: http://www.txdps.state.tx.us/director_s ... 083111.pdf" onclick="window.open(this.href);return false;

Employers may not prohibit employees with a concealed handgun license from having firearms or ammunition in their personal cars in the employer’s parking lot. This does not apply to employees of public, private or charter schools, or employees of chemical manufacturers or oil and gas refiners. (SB 321)

[tbrown]

Interesting interpretation from DPS. Says applies to CHLs according to this DPS release: http://www.txdps.state.tx.us/director_s ... 083111.pdf" onclick="window.open(this.href);return false;

Employers may not prohibit employees with a concealed handgun license from having firearms or ammunition in their personal cars in the employer’s parking lot. This does not apply to employees of public, private or charter schools, or employees of chemical manufacturers or oil and gas refiners. (SB 321)

Maybe it was written by the same DPS lawyer who thinks a sip of alcohol means you're intoxicated for the rest of your life.

Or maybe it's a quick summary and they didn't want to rehash the conditions where MPA applies, and the differences between MPA and CHL in SB 321 for some locations. They also didn't go into detail about "chemical manufacturers or oil and gas refiners" and the conditions where it does or doesn't apply. For example, Chevron employees in the old Enron building are protected by SB 321 the same as people who work for Continental in downtown Houston (until their jobs get moved to Chicago) but you wouldn't know that from the quick summary.

[rp_photo]

(until their jobs get moved to Chicago)

I'm so sorry.

[Boxerrider]

Does the new law apply to employees of a university keeping guns in cars on staff lots

As I understand things yes, it applies.

A university is NOT a school district, an open-enrollment charter school, or a private school, as defined by Section 22.081 (§ 22.081. DEFINITION. In this subchapter, "private school" means a school that: (1) offers a course of instruction for students in one or more grades from prekindergarten through grade 12; and (2) is not operated by a governmental entity.).


Now here's my situation, somebody please tell me if I go wrong somewhere:

I am employed by Central Texas College so I'm protected in a campus parking lot as long as that lot is not on federal property, such as Fort Hood. Correct?

Central Texas College has a contract with Windham School District ( http://www.windhamschooldistrict.org/ ) to provide college classes to offenders inside of TDCJ units. Windham has a no firearms policy and I am not protected in a Windham parking lot because I am a contract employee. Correct? It also calls itself a school district but I'm not sure it meets the legal criteria since it is not really private, not really public and all adult.

I would also be considered a contract employee at TDCJ so I am not protected in their (not gated or guarded) employee parking lot either, correct?

What about a Central Texas College regional office, which is not guarded or gated and is open to the general public, located on TDCJ property where I park in a TDCJ visitor parking lot (also not guarded or gated)?

Most of my time is spent on a TDCJ unit but sometimes I travel and prefer to do that armed. Especially in Killeen. Maybe next year I'll be able to carry on campus too?!?

Thanks!

[rp_photo]

Central Texas College has a contract with Windham School District ( http://www.windhamschooldistrict.org/ ) to provide college classes to offenders inside of TDCJ units. Windham has a no firearms policy and I am not protected in a Windham parking lot because I am a contract employee.

Wow, they sure have the opportunity to claim whatever status is most convenient at the time, most likely to the detriment of law-abiding gun owners.

[srothstein]

Central Texas College has a contract with Windham School District ( http://www.windhamschooldistrict.org/ ) to provide college classes to offenders inside of TDCJ units. Windham has a no firearms policy and I am not protected in a Windham parking lot because I am a contract employee. Correct? It also calls itself a school district but I'm not sure it meets the legal criteria since it is not really private, not really public and all adult.

while it is a minor point and really kind of a moot point, I thought I would point out that Windham School District is a real school district created by Chapter 19 of the Education Code. Since the school are all inside correctional facilities, I am not sure if it makes much of a difference to anything.

[Boxerrider]

Thanks guys.
Yes, I get to follow everybody's rules.

[cadecool]

I work for a large Co. that has never posted 30.06 signs but has a strict no gun policy. Simple, if they find a weapon during a search you are getting fired.

It may be a coincident but 30.06 signs showed up today along with "no unauthorized guns allowed" signs. I went to the weapons policy and found that in response to SB321 I must be "authorized". to be authorized I must have a CHL (I do) and fill out a declaration. This declaration requires my name, phone, work location, car license plate #, Make and serial number of gun and number of bullets.

I don't have a problem letting my employer know that I have a CHL and I may or may not have a firearm in my car. It seams to me that wanting the model, serial number,and number of bullets is just over the top. I shoot rifles, pistols and shotguns at the range and i feel that to be compliant I would have to give them an inventory of all my guns along with serial numbers. What if I said 8 bullets and had a box of shells? what if I get a new gun and it not on big brothers list? I know that when I submit the declaration to the home office they will notify local management, but don't know who or how many people that may be or if any of them know what the word discretion means. Would they get the list of all my guns?

Am I looking at this the wrong way or are they trying to make it too difficult. I looks like it would be a lot easier to keep parking on the street when i am packing but then I might as well post a "I have a gun in this car" sign when I go in the building. It also means they get what they want regardless of the law.

Any opinions out there?

[Jusster]

It may be a coincident but 30.06 signs showed up today along with "no unauthorized guns allowed" signs. I went to the weapons policy and found that in response to SB321 I must be "authorized". to be authorized I must have a CHL (I do) and fill out a declaration. This declaration requires my name, phone, work location, car license plate #, Make and serial number of gun and number of bullets.

Wow! That IS way over the top if you ask me. I surely wouldn't want to provide that info to anyone (besides my insurance company), especially not my employer. Personally I would park on the street before I would do that. Maybe someone who has a better grasp of the law then I do could give you a better suggestion.

Best of luck with that one,

Jusster

[Boxerrider]

Are you a TSRA member?
https://www.tsra.com/

From a TSRA email update:

If you work for a Texas company and recently received information from your employer regarding your right to have a firearm in your vehicle while parked in your employer's parking lot, I'd like to know. I'd also like to see the document.
Alice Tripp
Legislative Director

It won't help you now, but lawmakers need to be aware of ridiculous stuff like that.

Good Luck!

[E.Marquez]

I admit to know little of LAW, after all IANAL.

Does the law as written allow a employer to create its own restrictions or qualifications to a citizen exercising his rights under this new law?
The new law states an employer other than those with exceptions under the law, cannot deny a person from storing there handgun in their car… But can that same employer insert requirements like giving up the gun SER #, make? Model? Ammo count? Or anything else they want?
If they can do the above, can they do what TX has done, say you can have your rights, but you have to pay for and take / pass a licensing course prior to being allwoed your rights under the law?
Can BofA banks in TX (or any company), make an employee rule that states,

we do not deny your right to store your hand gun in your car in our parking lot, but you must first take a 200 hour weapons safety course taught by the Brady Center to Prevent Gun Violence, it is taught Dec 10-31st each year.

Or other such nonsense.?

How does a employer derive the legal ability to impose restrictions on how a citizen exercises an action permitted under the law?

I’m sure I’m confused, but if all that is possible this law means nothing, it might as well not exist.. What good is this law stating the employer must let us store the gun, if the same employer can put any prerequisite requirements they want on such action. Are there legal limits on these employer rules?

[captainkbt]

As a hospital employee, I applaud this law. Too many times I've felt 'naked' driving to and from work, often at unbelievably odd hours. Thanks State of Texas for a move forward.

Does or did your hospital have a Texas Penal Code 30.06 sign at the entrance to the parking lot? If not I believe you could have legally stored your weapon in your locked vehicle all along. TPC chapter 46.035 says that the term "premises" in regards to where a CHL holder cannot carry.... "does not include any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area." So I believe you could have carried/stored if there was no 30.06 sign. The Texas DPS attorney told us at our instructors class that you "shouldt carry past a 30.06 sign into a parking lot because it could cause headaches for you but she felt it was not illegal to do so since Texas statutes did not define parking lots as the premisis".

I believe all this law does is to keep employers from posting 30.06 signs at the entrance to their parking lots and harrassing employees by restricting their 2nd amendment rights which is a good thing.

[captainkbt]

I am anxious to see what, if anything, my company does in response to the new law. Like requiring employees that intend to exercise their right under the law to register or agree to searches, or whatever. Further, my companies corporate HQ is not in Tx, so I wonder if they might try to get around the law in some manner because of that. Not that I don't trust.........well, nevermind.

It does not matter where the HQ is. If their parking lot is in Texas, they must abide by TX law.

[captainkbt]

This new law will be an important step in keeping us safe going to anf from work. Especialy those side trips that have to made on the way home. I will feel safer.

Amen.

My company's written policy didn't specifically mention the parking garage, so I quietly assumed that leaving my weapon in the car was O.K. It meant a lot to me to have that weapon coming and going to work.

Your assumption was correct. Texas Penal Code 46.035 (f) (3) states that the term "Premises" ....."does not include the parking garage."