Page 1 of 1

CC on private property?

Posted: Thu Jan 29, 2009 9:48 am
by peon
Has there or is there any legislation that addresses the issue of being able to leave you weapon in a lock vehicle? My employer has a 30.06 sign at the entrance to the property and it is in violation of company policy to carry. I was wanting to know if anyone has tried to introduce legislation to make it legal to have your weapon stay in a locked vehicle once your on the property. We are located outside of town and sometimes I do not go directly home after work. But if I want to CC I have to go home get my weapon and then go where ever I was going. It would be nice to be able to leave it in my vehicle and have it when I leave work. This is a BIG corporation and I don't think writing a letter to the personnel people would do much good. So my only hope is for the Texas legisaltion would make it legal.

Re: CC on private property?

Posted: Thu Jan 29, 2009 10:28 am
by barres
A parking lot bill is a big concern for the TSRA and CHL'ers in Texas this legislative session. Keep your eyes on the 2009 Texas Legislative Session section of the board for updates of what's going on in Austin and what you can do to help.

Re: CC on private property?

Posted: Thu Jan 29, 2009 10:30 am
by nitrogen
I'm not a lawyer.

I might argue that leaving it locked in your car won't be carrying under the authority of your CHL, but under the motorist protection act...

Of course, you risk getting fired.

Re: CC on private property?

Posted: Thu Jan 29, 2009 1:01 pm
by Charles L. Cotton
Another parking lot bill will be filed. The House adjourned for the rest of this week and committees have not yet been set.

Chas.

Re: CC on private property?

Posted: Thu Jan 29, 2009 1:01 pm
by bdickens
That's a bit like trying to play on both sides of the fence. I can't see how you can have a CHL on one hand and claim "Motorist Protection Act" when it suits you. If you have a CHL, you don't need the MPA because you carry under the authority of your licence.

But we do need to get that parking lot law passed.

Re: CC on private property?

Posted: Thu Jan 29, 2009 1:14 pm
by AggieMM
I too have this issue when I make my way to the corporate office on occasions (30.06 at all 10 street entrances, even in the back). I stop in a neighboring parking lot, un-holster, bag it, and then get out and put in the trunk before entering my employer's parking lot. This way, it is not "on or about the person", so I'm no longer carrying under the authority of my CHL. When I leave, just reverse the procedure, then back to normal.

Fortunately, I only have to do that about once a month, as I don't work at the corporate offices, but sometimes have to attend meetings.

Just my $0.02.

Ryan

Re: CC on private property?

Posted: Thu Jan 29, 2009 1:15 pm
by mr.72
Actually, Byron, I think it is the other way around. Prior to the MPA, you may have needed the CHL to carry in your car.

Now, you do not need a CHL to carry in your car. I can't see how 30.06 signs on a parking lot can possibly be enforceable given that it only applies to carrying guns under the required authority of a CHL, but there is no requirement for you to have a CHL and carry in your car. However, the question remains whether the MPA allows for you to leave a gun locked in your car under any circumstances. I am not sure that it does. So maybe the MPA allows you to drive your car into a 30.06 parking lot, park, sit in your car, get out of the car to pump gas or access the trunk, check your oil & tire pressure, etc., and then leave in your car. And I think the MPA covers you carrying the gun in the 30.06 parking lot, as long as you are carrying it to your car (presumably from your home), or back into your home (in which case, the MPA doesn't address getting a gun from your car to anywhere else).

Are we really suggesting that the 30.06 sign applies ONLY to CHL holders, carrying in their car? So if I didn't have a CHL, then I can carry and leave the gun locked in my car, but if I do have a CHL, I can't?

I am not sure that the MPA actually addresses the idea of the gun being left in a locked vehicle, does it?

:headscratch

Re: CC on private property?

Posted: Thu Jan 29, 2009 1:23 pm
by AggieMM
mr.72 wrote:Are we really suggesting that the 30.06 sign applies ONLY to CHL holders, carrying in their car? So if I didn't have a CHL, then I can carry and leave the gun locked in my car, but if I do have a CHL, I can't?
Some have argued that a 30.06 sign for non-CHL'ers would classify as a no-trespassing sign. Thus a non-CHL'er with a gun in their car would be trespassing, and thus be violating 30.05, and be charged with criminal trespass.

See this thread: Parking Lots and 30.06 (again)......

Ryan

Re: CC on private property?

Posted: Thu Jan 29, 2009 2:36 pm
by Fangs
I'm sure someone will gently correct me if I'm wrong...

...but isn't it legal to carry a firearm locked in the trunk of your car separated from the ammo in all 50 states?

I was told this by the same instructor who said you can't have any alcohol in your system while carrying (which I now know is wrong), so take it for what you will.

Re: CC on private property?

Posted: Thu Jan 29, 2009 3:05 pm
by mr.72
Yes it is legal but under certain conditions. It's part of the FOPA.

http://en.wikipedia.org/wiki/Firearm_Ow ... ection_Act" onclick="window.open(this.href);return false;

Unfortunately it doesn't apply if you are going to work, unless you happen to work in a state other than Texas, where owning the gun is legal, and you are seeking protection from firearms charges while en route through a state where your gun would not be legal. Like, for example, if you are driving to work in Pennsylvania, and your commute takes you through West Virginia, then that 10 minutes you spend in W.VA will be afforded protection from prosecution under the FOPA.

Re: CC on private property?

Posted: Thu Jan 29, 2009 10:08 pm
by bdickens
mr.72 wrote:Actually, Byron, I think it is the other way around. Prior to the MPA, you may have needed the CHL to carry in your car.
Nope. Prior to the MPA, you could carry in your car as long as you were traveling. For decades, the courts begged the Legislature to define "traveling" and they wouldn't do it until 2005. Some local DAs, most notably Chuck Rosenthal, thought that they could do whatever they wanted to and as a consequense the MPA became law in 2007.

Re: CC on private property?

Posted: Fri Jan 30, 2009 8:30 am
by gmckinl
Fangs wrote:I'm sure someone will gently correct me if I'm wrong...

...but isn't it legal to carry a firearm locked in the trunk of your car separated from the ammo in all 50 states?
An extreme over-simplification. Hawaii and handguns being a no-go. An overnight stay in a restricted area (CHI, NYC, etc.) is a no-go. The District of Columbia is ah just forget it, not worth the trouble.

Here's a starting point for studying the laws of any particular state:
http://www.nraila.org/GunLaws/" onclick="window.open(this.href);return false;