After a very considerable amount of personal debate, I have decided to raise my employers awareness of their policies regarding CHL by an employee. I have seen the issue raised numerous times here on the boards and understand the pros and cons of doing so. I remain resolute and will submit the following letter to our HR and Legal departments pending your review. Without further-a-do:
To Whom It May Concern,
I have enjoyed gainful employment of COMPANY for just over two and a half years. During this time I have obtained a concealed handgun license issued by the state of Texas. The laws pertaining to possession of firearms by licensee holders on private property are very clear, unfortunately, company policy and written notice posted on company premises are not. I am asking that the appropriate entities review this issue and provide clarification.
I have brought my concern to our Human Resources Department and was told that the Employee Handbook was sufficiently clear and specifically prohibited the possession of firearms. I further inquired as to how one could obtain “authorization” as noted in the section below:
I was then told that authorization could not be given due to the section “Employee Conduct and Workplace Rules” which reads:Workplace Violence Prevention
Employees are expected to refrain from… Firearms, weapons, and other dangerous or hazardous devices or substances are prohibited from the premises of COMPANY without proper authorization"
Again, the term “unauthorized” is used, but I was not able to locate any documentation specifically referring to what materials or substances are considered “dangerous or unauthorized”. I could very well be in violation already as there is approximately fourteen gallons of highly combustible gasoline already in my vehicles’ gas tank. Despite this, I was then told that I could “keep it (firearm) in my car”. As the facilities parking lot is publically accessible and no notification is present preventing possession this may be the case, I do believe however, that my employment could very well be terminated (in addition to the at-will nature) for violation of the Workplace Violence Prevention policy as the term “premises” is employed and would encompass these areas.To ensure orderly operations and provide the best possible work environment, the Company expects employees to follow rules of conduct that will protect the interests and safety of all employees and COMPANY.
It is not possible to list all the forms of behavior that are considered unacceptable in the workplace. The following are examples of infractions of rules of conduct that may result in disciplinary action, up to and including termination of employment:
• Possession of dangerous or unauthorized materials, such as explosives or firearms, in the workplace”
Further obfuscating the issue, there are a number of signs that consist of a revolver that has been crossed out (similar in appearance to that of a “no smoking” display) which are present in proximity to selected entrances to the building. These displays are non-compliant with the above statute and as such do not provide significant written notice to a non-employee licensee.
It is not within the scope of this document to debate the issue of lawfully concealed handguns in the workplace. I understand and respect COMPANY’s decision to restrict possession of firearms on company premises should that be their intent. I simply wish to clarify this intent and provide legal notification so as to fully educate other employees whom are concealed handgun licensees both within the employee handbook and with respect to posted written notification about the premises.Texas Penal Code 30.06c
In order to provide notice that entry on property by a license holder with a concealed handgun is forbidden, Penal Code Section 30.06(c)(3)(A) requires that a written communication contain the following language:
"PURSUANT TO SECTION 30.06, PENAL CODE (TRESPASS BY HOLDER OF A LICENSE TO CARRY A CONCEALED HANDGUN) A PERSON LICENSED UNDER SUBCHAPTER H, CHAPTER 411, GOVERNMENT CODE (CONCEALED HANDGUN LAW), MAY NOT ENTER THIS PROPERTY WITH A CONCEALED HANDGUN."
"CONFORME A LA SECCIÓN 30.06 DEL CÔDIGO PENAL (TRASPASAR PORTANDO ARMAS DE FUEGO) PERSONAS CON LICENCIA BAJO DEL SUB-CAPITULO H, CAPITULO 411, CODIGO DE GOBIERNO (LEY DE PORTAR ARMAS), NO DEBEN ENTRAR A ESTA PROPIEDAD PORTANDO UN ARMA DE FUEGO."
I will however raise the issue however that the unknowing possession of a firearm by a license holder where prohibited is not taken lightly and may result in the revocation of the license and disqualify reapplication for a five year period. Obtaining a license is a various strenuous process and requires a considerable investment of one’s time and monies.
Furthermore, I would ask that the company consider that they are inadvertently disarming their employees not only while about its’ property but also during our daily commutes. I am sure you have already be apprised as to the occurrence of a number of said incidents already. Should an incident arise which requires the immediate defense of our person from death or serious bodily injury, we will have been denied a significant capacity to do so.
Thank you very much for your attention to this matter.
-Idrathernot
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