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SB 321 employer requesting license?
Posted: Wed Oct 19, 2011 6:51 am
by Jdawz
Anyone have their employer enact policy that states to comply with new weapons rules you must submit a copy of your CHL to Human Resources to have a gun in your car in the parking lot? My employer says failure to do so will result in termination. Any info or thoughts appreciated.
J
Re: SB 321 employer requesting license?
Posted: Wed Oct 19, 2011 6:58 am
by Purplehood
Well, I know that it is not a requirement of the new law. Especially since the law applies to the MPA also.
Re: SB 321 employer requesting license?
Posted: Wed Oct 19, 2011 7:15 am
by AEA
Discreetly inform your employer he should READ the STATE LAWS before implementing "Policy" that is illegal.
Specifically the part where you are only REQUIRED to provide your License to LEO's when asked for identification.
Re: SB 321 employer requesting license?
Posted: Wed Oct 19, 2011 7:24 am
by kjolly
I wouldn't tell them. concealed is concealed and this is my privacy. By state law you are legal. There is nothing that says they cannot ask but legaly you do not have to tell. What the employer knows or doesn't know can hurt you. Texas is a at will state and you can be fored for any cause or no cause. My company has a policy in its HR handbook against keeping the gun in the car and if they ask to search you refuse you will be terminated. These was written by their lawyers before the new bill took affect. They have never invoked a car search as its not that kind of place.
I am standing up for my 2A rights or in this case hiding out of their line of sight. I need my job also.
Keep it in the vehicle and don't advertise. Do not let anyone at work into thinking you are a gun person or that you have a CHL.
Re: SB 321 employer requesting license?
Posted: Wed Oct 19, 2011 10:25 am
by fishman
I would keep my mouth shut, and leave it in the car. If they ask you if you are a CHL, I say it's non of your business.
Re: SB 321 employer requesting license?
Posted: Wed Oct 19, 2011 10:31 am
by Jdawz
Let's bear in mind that I do not want to become a case study during the ohbahma reinforced recession. Just looking for any factual information on whether or not they are on firm legal ground to require submission of my license for me to carry to the parking lot.
Re: SB 321 employer requesting license?
Posted: Wed Oct 19, 2011 10:45 am
by MoJo
They are on a slippery slope. If you are afraid of being fired then do what you think is right. The LAW is on your side not theirs.
Re: SB 321 employer requesting license?
Posted: Wed Oct 19, 2011 10:48 am
by gwashorn
Just a comment in regards to the theme that runs in many of these same threads. I do not WANT to and most of us do not WANT to become the TEST case but at some point "WE" Collectively will have to stand up. It may mean ONE of us, and then a few of us, and then all of us will have to stand up. But it will have to happen. The question is what do "WE" do in the mean time. You have to answer that question to yourself. But if you are going to meet the law and one day you are legal but have to face the HR person, what will you do. What will you say. What will YOU stand up for? I understand we all need our jobs. Just commenting for thought, nothing more.
these issues have been brought up and discussed to death. Nothing has changed. we still do not know. One day the thread will start this is what happened to me. I hope that thread takes us to a positive place or shows it has already started. Just saying...
Re: SB 321 employer requesting license?
Posted: Wed Oct 19, 2011 12:00 pm
by Bennies
My question is how do they know who has a CHL and who does not? How could they enforce this policy? YOu obviously do not need a CHL to keep a firearm in your car now. So what is the point of this new policy? I guess they feel only CHLs will carry on property. In my opinion this violates your privacy. There is a reason the state is prohibited from publishing a list of CHL holders due to privacy concerns. It really is none of their business.
Re: SB 321 employer requesting license?
Posted: Wed Oct 19, 2011 12:11 pm
by Liberty
Bennies wrote:My question is how do they know who has a CHL and who does not? How could they enforce this policy? YOu obviously do not need a CHL to keep a firearm in your car now. So what is the point of this new policy? I guess they feel only CHLs will carry on property. In my opinion this violates your privacy. There is a reason the state is prohibited from publishing a list of CHL holders due to privacy concerns. It really is none of their business.
Oil refiners and chemical plants can restrict non CHL holders from their parking lots. I suspect that the way some of them reacted to the proposed legislation, that the plants would like to tatoo 666 to the foreheads of CHL holding employees.
Re: SB 321 employer requesting license?
Posted: Wed Oct 19, 2011 1:43 pm
by unhappycamper
The law doesn't say they can't ask.
Re: SB 321 employer requesting license?
Posted: Wed Oct 19, 2011 2:00 pm
by canvasbck
You are getting some bad advice from those who advocate that you ignore your employer's request. I worked with several other companies when we were developing our new firearms policy for our site to be in compliance with the new law. I can state with certainty that the companies who are requiring these declarations forms fully intend to terminate employees who store a firearm in their vehicle without disclosing the information. Some of the companies are planning on conducting some sort of random checks to ensure compliance. If your willing to be the test case, even though it is not expressly forbidden in the law for companies to require the information, knock your lights out.
The best answer for this (IMO) is to report your company's policy to the NRA-ILA to see if they are willing to challenge the employer's right to demand the information. They are asking people to report companies not following the new law so that they can challenge them BEFORE someone has to get fired and be the test case.
Re: SB 321 employer requesting license?
Posted: Wed Oct 19, 2011 2:05 pm
by canvasbck
AEA wrote:Discreetly inform your employer he should READ the STATE LAWS before implementing "Policy" that is illegal.
Specifically the part where you are only REQUIRED to provide your License to LEO's when asked for identification.
I haven't noticed the word only in the statute. I don't believe that there are any statutes forbidding an employer making it a condition of employment. I know there is a confidentiality portion of the CHL statutes that prevents the government from disclosing your CHL information except in certain circumstances, but I haven't seen anywhere that private companies cannot request that information.
Re: SB 321 employer requesting license?
Posted: Wed Oct 19, 2011 2:18 pm
by unhappycamper
Companies can't discriminate against disabled people but they're allowed to ask so they can make accommodations.
Re: SB 321 employer requesting license?
Posted: Wed Oct 19, 2011 6:40 pm
by C-dub
Jdawz wrote:Anyone have their employer enact policy that states to comply with new weapons rules you must submit a copy of your CHL to Human Resources to have a gun in your car in the parking lot? My employer says failure to do so will result in termination. Any info or thoughts appreciated.
J
You could also ask them how they plan to verify everyone else that does not have a CHL, but will have a gun in their vehicle under the MPA. Be prepared for the blank stare.