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A somewhat unique situation.
Posted: Sat Mar 16, 2019 5:12 pm
by FigNewton
So I now have to drive into town for work. I have found that taking the bus is the easiest solution, Let me preface this with a couple of notes. First, the bus and my work both seem to prohibit weapons onsite although neither has the proper legal signage at any point of entry. I am a lawful chl holder in good standing. I was wondering if I was to purchase a small safe, a little larger than my gun and keep this in my backpack so that the weapon is locked up, would I or wouldn't I be in shape legally. Since I have to leave my car at the park and ride I am hesitant to just leave my weapon there where it would be sitting unattended all day long. I understand that my employer has a right to ban weapons and that I would be subject to termination if it was ever exposed or I needed to use it. But keeping it in a backpack in a closed safe, I would suspect that if anyone ever went through my pack I could refuse to open the safe and not divulge the contents. There are plenty of other reasons one might carry a small safe in their belongings. One of my other concerns with this is if I leave my office and even though it's locked up, the weapon is not on me, is that just asking for more legal issues? I feel like this situation where you have to park and take public transportation puts me at a disadvantage to being able to concealed carry my weapon as I am legally allowed. Any thoughts or comments would be appreciated.
Re: A somewhat unique situation.
Posted: Sat Mar 16, 2019 5:26 pm
by twomillenium
You do not say where you are located. Public transportation that is not owned privately, is not allowed to deny Licensed carry. Your place of work can, they do not even have to have signage if they have notified you. This could be done as simply as notification in your employee handbook.
Re: A somewhat unique situation.
Posted: Sat Mar 16, 2019 5:28 pm
by Jusme
Your post is rather vague, but short answer, if the bus, is a munincipality, in Texas, carrying is not illegal. No need to lock up your gun. As far as your employer, if you have been told, that carrying is prohibited, you have been given effective notice. But, it will more than likely only cost you your job, if caught.
You have brought up an interesting conundrum, in that people who drive to their jobs, can leave their guns in their personal vehicle, in the parking lot, but those who take public transportation, have no option, but to either commute unarmed, or, violate company rules, about carrying.
Re: A somewhat unique situation.
Posted: Sat Mar 16, 2019 5:37 pm
by FigNewton
I am in the Austin area, so the bus line is Cap Metro. I was being intentionally vague, but I guess that's not much help. I also work for the state, which brings up something that kind of torques me off. We won the lawsuit where you can now carry in the capital building (not where I work), but yet as a state employee I can't conceal, yet my employer is the state, who issued my chl.
Re: A somewhat unique situation.
Posted: Sun Mar 17, 2019 1:22 am
by DynamicDan
What about lockers are they available.?
Re: A somewhat unique situation.
Posted: Sun Mar 17, 2019 8:30 am
by srothstein
FigNewton wrote: ↑Sat Mar 16, 2019 5:37 pm
I am in the Austin area, so the bus line is Cap Metro. I was being intentionally vague, but I guess that's not much help. I also work for the state, which brings up something that kind of torques me off. We won the lawsuit where you can now carry in the capital building (not where I work), but yet as a state employee I can't conceal, yet my employer is the state, who issued my chl.
I also work for the state in Austin. You can carry and would be legal on the bus and on any state owned property. DPS makes the rules for carrying in any state owned building and they say it is legal with an LTC.
Here is the rule saying so. The agency makes its own decision on employee rules such as carrying at work. Having it at work may get you fired but would not get you arrested. I suggest keeping an eye out for a job with another agency which does allow carry. The Comptroller's Office allows concealed carry at work with the LTC but does not allow open carry. Their stated reason is to help differentiate between our peace officers, which are all plain clothes, and LTCs.
Re: A somewhat unique situation.
Posted: Mon Mar 18, 2019 6:38 am
by txglock21
Short answer: Your good on the bus, your "legal" at work, but could (and probably will) be fired if caught at work. As for keeping it in a safe and refusing to open if asked, I can't answer, but I work for city government and they search anything they want of mine if they suspect something. (ie.. drugs, weapons, etc.)
Re: A somewhat unique situation.
Posted: Mon Mar 18, 2019 6:55 am
by montgomery
FigNewton wrote: ↑Sat Mar 16, 2019 5:12 pm
But keeping it in a backpack in a closed safe, I would suspect that if anyone ever went through my pack I could refuse to open the safe and not divulge the contents.
My employer is 30.06 and 30.07 posted to the letter of the law. Management recently sent an email informing all employees that management has the right to search any and all personal items at random with or without the employee present. Any "weapon" on the banned weapons list - including pocket knives - and the employee is subject to termination. So there is that.
On the flip side, what good is a firearm in a backpack inside a closed safe if the fight is not at the safe?
Re: A somewhat unique situation.
Posted: Mon Mar 18, 2019 4:00 pm
by FigNewton
DynamicDan wrote: ↑Sun Mar 17, 2019 1:22 am
What about lockers are they available.?
No lockers are available either at the bus stop or at work, which is why I was thinking about the small safe idea.
I appreciate the responses. I will have to think this over as it sounds like I am within my legal rights, but have to weigh the idea of work discovery. There are no postings at my job, and I highly doubt my personal effects would ever be searched. I guess if I really wanted to I could look for a better way to conceal, but it's not that easy with business attire. I appreciate all of the comments.
Re: A somewhat unique situation.
Posted: Tue Mar 19, 2019 7:20 am
by chasfm11
FigNewton wrote: ↑Mon Mar 18, 2019 4:00 pm
I guess if I really wanted to I could look for a better way to conceal, but it's not that easy with business attire. I appreciate all of the comments.
Have you looked at Kangaroo Carry? I'm not affiliated with them but have been a user of the holster since just after I got my then CHL. I recently bought a second one because I had washed the first one so many times that the stiffness had gone out of the muslin.
I play musical instruments in my church and can do that in a dress shirt (no coat) in front of the congregation while wearing the Kangaroo and my Sig P250 Compact. Drawing is slower than with other types of holsters but it beats not being able to carry in a more dressed up environment. I was detected once at a funeral through hugging but otherwise have had no problems for many years.
One of my friends expressed concern about carrying with a chambered round in the Kangaroo. I have a Glock 30SF with a very light trigger. I unloaded it, put it into the Kangaroo and tried prodding and poking every way that I could think of to get to that trigger but could not. The muslin is thick enough and stiff enough that it doesn't seem possible collapse it enough into the trigger guard to cause a problem. My Sig is a heavier trigger and longer pull.
Re: A somewhat unique situation.
Posted: Tue Mar 19, 2019 8:17 am
by ScottDLS
twomillenium wrote: ↑Sat Mar 16, 2019 5:26 pm
You do not say where you are located. Public transportation that is not owned privately, is not allowed to deny Licensed carry. Your place of work can, they do not even have to have signage if they have notified you. This could be done as simply as notification in your employee handbook.
A notification in the employee handbook would not have the force of law for criminal prosecution under 30.06 unless it was in the exact 30.06 specified form. Since the poster disclosed later that he works for the State, he may be able to carry without being fired as Steve R points out.
Re: A somewhat unique situation.
Posted: Tue Mar 19, 2019 9:02 am
by twomillenium
ScottDLS wrote: ↑Tue Mar 19, 2019 8:17 am
twomillenium wrote: ↑Sat Mar 16, 2019 5:26 pm
You do not say where you are located. Public transportation that is not owned privately, is not allowed to deny Licensed carry. Your place of work can, they do not even have to have signage if they have notified you. This could be done as simply as notification in your employee handbook.
A notification in the employee handbook would not have the force of law for criminal prosecution under 30.06 unless it was in the exact 30.06 specified form. Since the poster disclosed later that he works for the State, he may be able to carry without being fired as Steve R points out.
I intentionally did not get into the many different aspects of this scenario. The original post was vague so I pointed to a general and correct direction. The loss of his job would probably have more significance than a most likely misdemeanor charge.
Re: A somewhat unique situation.
Posted: Wed Mar 20, 2019 7:35 pm
by priusron
I don’t see how you can give up your rights prohibiting search and seizure based upon being employed. Refusal to allow a search may get you terminated, but you may win in court. I would ask for a search warrant. I understand there are exceptions such as working in a prison. Many entities try to get you to give up your rights but they don’t have a leg to stand on if you refuse. That would be like a landlord putting something in your lease that he has the right of search the premises at any time. Not enforceable even if you sign the document. Also it should state inal.
Re: A somewhat unique situation.
Posted: Wed Mar 20, 2019 8:23 pm
by WTR
priusron wrote: ↑Wed Mar 20, 2019 7:35 pm
I don’t see how you can give up your rights prohibiting search and seizure based upon being employed. Refusal to allow a search may get you terminated, but you may win in court. I would ask for a search warrant. I understand there are exceptions such as working in a prison. Many entities try to get you to give up your rights but they don’t have a leg to stand on if you refuse. That would be like a landlord putting something in your lease that he has the right of search the premises at any time. Not enforceable even if you sign the document. Also it should state inal.
I think it depends on if are driving a personal vehicle or a company vehicle.
Re: A somewhat unique situation.
Posted: Wed Mar 20, 2019 9:43 pm
by apostate
priusron wrote: ↑Wed Mar 20, 2019 7:35 pm
I don’t see how you can give up your rights prohibiting search and seizure based upon being employed. Refusal to allow a search may get you terminated, but you may win in court. I would ask for a search warrant.
Good luck with that.