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So an honest Citizen can't carry and drive a Truck? Sec.52.0

Posted: Fri May 06, 2011 10:20 pm
by 2up1down
Sec. 52.062. EXCEPTIONS. (a) Section 52.061 does not:
(1) authorize a person who holds a license to carry a
concealed handgun under Subchapter H, Chapter 411, Government Code,
who otherwise lawfully possesses a firearm, or who lawfully
possesses ammunition to possess a firearm or ammunition on any
property where the possession of a firearm or ammunition is
prohibited by state or federal law; or
(2) apply to:
(A) a vehicle owned or leased by a public or
private employer and used by an employee in the course and scope of
the employee's employment, unless the employee is required to
transport or store a firearm in the official discharge of the
employee's duties;


Perfect.... If you work in an office or shopping mall, our little plastic TAX receipt granted to us by our State, will insure we may exercise our God given right to protect ourselves while en route and allow us to leave our handgun in our vehicle while we toil away at our vocation.

Unfortunately, as I read it, this "Parking Lot Law" will make it illegal for a duly authorized CHL holder or an individual under MPA to operate a "Company Tractor Trailer" in THIS STATE. Federal law does not restrict lawfully possessed handguns in a commercial vehicle,,,, for a reason.. Everything you own and use at some point was on a Truck and most of the time it was picked up or delivered in a place you would never go, even if you were armed. For those of us who are truly out in the world of the evils, we will now be unarmed or criminals.

If my read is off base, then please forgive me for my error.
If not remember those who will fall in dark scary places you would never go,
so you may receive the bounty they provide.

Why do we even pay the TAX, if we can't protect ourselves, so we may serve our families and Nation.

So now, in the State of Texas, if you drive a Truck that is owned or leased by a private employer,
then you will violate a State law if you exercise your God Given Constitutional Right to Defend yourself
and make it home to your family.
To all responsible, thank you.

Re: So an honest Citizen can't carry and drive a Truck? Sec.

Posted: Fri May 06, 2011 10:30 pm
by BrianSW99
Which code is that section taken from?

Re: So an honest Citizen can't carry and drive a Truck? Sec.

Posted: Fri May 06, 2011 10:48 pm
by apostate
If you drive your own vehicle, the parking lot bill would protect you. However, if you drive a company-owned vehicle (UPS truck, company car, etc.) then the bill does not override company policy, if any, regarding firearms in company vehicles.

Re: So an honest Citizen can't carry and drive a Truck? Sec.

Posted: Fri May 06, 2011 10:59 pm
by BrianSW99
Ok, now see what you're talking about. The exception you quote just means if you drive a company truck, your employer is not required by law to allow you to keep a gun in the truck. There won't be any change for you from the way it is now. Your CHL still allows you to carry, unless your employer has given you notice that you can't.

Brian

Re: So an honest Citizen can't carry and drive a Truck? Sec.

Posted: Sat May 07, 2011 1:24 pm
by Gunner21
This is something I've never considered until now. I have a loaner form a car dealership while my car is in the shop. It is listed on the registration as a "Company vehicle". Does my CHL extend to a loaner or rental? I know Castle Doc extends to any property "under your control" does this also extend to vehicles "under our control?"

Re: So an honest Citizen can't carry and drive a Truck? Sec.

Posted: Sat May 07, 2011 6:59 pm
by snorri
Gunner21 wrote:This is something I've never considered until now. I have a loaner form a car dealership while my car is in the shop. It is listed on the registration as a "Company vehicle". Does my CHL extend to a loaner or rental? I know Castle Doc extends to any property "under your control" does this also extend to vehicles "under our control?"
It wouldn't be a criminal offense but hypothetically it might violate the rental agreement. Like smoking.

Re: So an honest Citizen can't carry and drive a Truck? Sec.

Posted: Sun May 08, 2011 9:25 am
by hirundo82
2up1down wrote:Unfortunately, as I read it, this "Parking Lot Law" will make it illegal for a duly authorized CHL holder or an individual under MPA to operate a "Company Tractor Trailer" in THIS STATE.
It doesn't make it illegal. You just don't have the same protection from being fired for keeping a firearm in your employer's vehicle as you do for keeping a firearm in your own vehicle on your employer's property.

Re: So an honest Citizen can't carry and drive a Truck? Sec.

Posted: Sun May 08, 2011 7:31 pm
by txflyer
Gunner21 wrote:This is something I've never considered until now. I have a loaner form a car dealership while my car is in the shop. It is listed on the registration as a "Company vehicle". Does my CHL extend to a loaner or rental? I know Castle Doc extends to any property "under your control" does this also extend to vehicles "under our control?"
IANAL, but I key phrase for your question: "used by an EMPLOYEE". So unless you are employed by the company lending you the car, it don't apply.

Re: So an honest Citizen can't carry and drive a Truck? Sec.

Posted: Sun May 08, 2011 11:20 pm
by hirundo82
Gunner21 wrote:This is something I've never considered until now. I have a loaner form a car dealership while my car is in the shop. It is listed on the registration as a "Company vehicle".
Your employer is free to fire you for possessing a handgun in a vehicle on their property, and if it is a vehicle they own (or are renting for you, I presume) they will still be free to fire you for possessing a firearm in that vehicle after the parking lot bill passes.

Or by "company car" do you mean it belongs to the dealership? Since you don't work for them they can't fire you; I guess they could ask for the car back.
Gunner21 wrote:Does my CHL extend to a loaner or rental?
Your CHL is valid everywhere in the state except for the specific exceptions spelled out in the law. "Rental car" is not one of those exceptions.
Gunner21 wrote:I know Castle Doc extends to any property "under your control" does this also extend to vehicles "under our control?"
The Motorist Protection Act covers "a motor vehicle that is owned by the person or under the person's control," which would include a rental vehicle.