Moderators: carlson1, Charles L. Cotton
This AG is quite clear about it... suggest you read the whole letter.Section 52.061 provides that an "employer may not prohibit an employee who holds a license to carry a concealed handgun (3) . . . who otherwise lawfully possesses a firearm, . . . from transporting or storing a firearm . . . in a locked, privately owned motor vehicle in a parking lot, parking garage, or other parking area the employer provides for employees." Tex. Lab. Code Ann. § 52.061 (West Supp. 2012) (footnote added).
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while section 30.06 allows property owners to post a notice that operates as a prohibition on the possession of concealed handguns, the statute itself does not prohibit possession of a firearm. See id. § 30.06(a). We conclude that an employer's notice under subsection 30.06(c)(3)(B) does not constitute "state law" and therefore cannot overcome the protections afforded to CHL holders by section 52.061.
Yeah. That's true.Ipconfig wrote:Altho you are legal to store it in your car VIA AG letter, that doesn't mean your employer cant fire you for "other" reasons.
The parking lot bill has exceptions. Does your employer fall under one?timdsmith72 wrote:So there I was. Minding my own business pulling in to my work parking lot. I'm getting ready to scan my badge that lifts the arm to get into the parking lot when Lo and behold, there's brand new shiny 30.06 sign hanging just in front of the badge scanner. Size and wording is correct, but based on AG opinion 11/5/12, it would not seem to be valid.
I don't carry inside the building because the employee handbook strictly forbids that. I always leave it locked in the car.
So here's my thinking. Please offer any guidance/opinions. I'm thinking I am still ok to leave it locked in the car because I'm protected under the parking lot bill? I think I would only be in violation of the 30.06 if I exited the vehicle with it still on my person? This really chaps my hide because I hate the idea of being disarmed for my whole drive to/from work.
So you are entering a card entry only gated section of a private non-public accessible employee only lot with the dreaded 30.06 sign on it. This is usually the confusing part because its in a gated, employee only lot instead of a open public lot with a 'employee section'. But unless your location is prohibited by federal or state law, oil gas or mineral lease agreement or an oil/chemical manufacture that has secure parking than you are good to go.timdsmith72 wrote:...my work parking lot. I'm getting ready to scan my badge that lifts the arm to get into the parking lot...there's brand new shiny 30.06 sign hanging just in front of the badge scanner...I don't carry inside the building because the employee handbook strictly forbids that. I always leave it locked in the car.
RKlenka wrote:So you are entering a card entry only gated section of a private non-public accessible employee only lot with the dreaded 30.06 sign on it. This is usually the confusing part because its in a gated, employee only lot instead of a open public lot with a 'employee section'. But unless your location is prohibited by federal or state law, oil gas or mineral lease agreement or an oil/chemical manufacture that has secure parking than you are good to go.timdsmith72 wrote:...my work parking lot. I'm getting ready to scan my badge that lifts the arm to get into the parking lot...there's brand new shiny 30.06 sign hanging just in front of the badge scanner...I don't carry inside the building because the employee handbook strictly forbids that. I always leave it locked in the car.
It's the main headquarters building of an airline. I do not believe it falls under any of the exceptions to the parking lot bill.jbarn wrote:The parking lot bill has exceptions. Does your employer fall under one?
Your company doesn't.timdsmith72 wrote:RKlenka wrote:So you are entering a card entry only gated section of a private non-public accessible employee only lot with the dreaded 30.06 sign on it. This is usually the confusing part because its in a gated, employee only lot instead of a open public lot with a 'employee section'. But unless your location is prohibited by federal or state law, oil gas or mineral lease agreement or an oil/chemical manufacture that has secure parking than you are good to go.timdsmith72 wrote:...my work parking lot. I'm getting ready to scan my badge that lifts the arm to get into the parking lot...there's brand new shiny 30.06 sign hanging just in front of the badge scanner...I don't carry inside the building because the employee handbook strictly forbids that. I always leave it locked in the car.It's the main headquarters building of an airline. I do not believe it falls under any of the exceptions to the parking lot bill.jbarn wrote:The parking lot bill has exceptions. Does your employer fall under one?
I would let sleeping dogs lie. Employees are exempt from the 30.06 with the gun in their vehicle, but anyone else who comes in to the lot is not.android wrote:Print copies of the opinion and ask a friend to tape them over the 30.06 signs.
Send copies via certified mail to your companies legal dept.
I have printed a copy of the AG opinion to keep in the car. I also sent an email to the legal department from an anonymous email account with a link to the AG opinion.Keith B wrote:I would let sleeping dogs lie. Employees are exempt from the 30.06 with the gun in their vehicle, but anyone else who comes in to the lot is not.android wrote:Print copies of the opinion and ask a friend to tape them over the 30.06 signs.
Send copies via certified mail to your companies legal dept.
So, I would keep a copy of the AG opinion with me, but sure wouldn't get caught taping them over the sign. That's a sure way to get fired.
There are really no illegally posted 30.06 signs. Only 30.06 signs in common areas would be enforceable in that situation, IMO.der Teufel wrote:OTOH, if your employer rents or leases the work space the property owner might be able to legally post a 30.06 sign, yes/no?
Actually, I would say the parking lot common area would not be enforceable. If that is the parking area you have to park in, then it would be the one your employer designates and you could keep the gun in your vehicle. There is also the thought that since 30.06 only applies to carrying under authority of CHL, that in your car you are actually carrying under MPA and 30.06 doesn't apply.jbarn wrote:There are really no illegally posted 30.06 signs. Only 30.06 signs in common areas would be enforceable in that situation, IMO.der Teufel wrote:OTOH, if your employer rents or leases the work space the property owner might be able to legally post a 30.06 sign, yes/no?
I was actually referring to the buildings. I was not clear.Keith B wrote:Actually, I would say the parking lot common area would not be enforceable. If that is the parking area you have to park in, then it would be the one your employer designates and you could keep the gun in your vehicle. There is also the thought that since 30.06 only applies to carrying under authority of CHL, that in your car you are actually carrying under MPA and 30.06 doesn't apply.jbarn wrote:There are really no illegally posted 30.06 signs. Only 30.06 signs in common areas would be enforceable in that situation, IMO.der Teufel wrote:OTOH, if your employer rents or leases the work space the property owner might be able to legally post a 30.06 sign, yes/no?
