Texans Gain the Right to Store Firearms in their Cars While

[captainkbt]

Call me paranoid, but I'm wondering if the protections in this law to prevent firings from still happening. This is still an "at will" employment state. It doesn't take much to find a reason to terminate someone. Good luck proving the actual cause of termination was due to having a firearm in your vehicle.

I think it will afford some protection. They are going to have to search your car to find your weapon, and they have to have good reason to search your car. A company may want to work against this law, but I do not think most companies want to spend the money defending their actions in court. I think it will be easier for them to just adopt a "look the other way" manner of thinking. However, time will tell. In a year we will know how this is working based on reports in the news, and on this forum. I don't know when new legislation has to be submitted by, but perhaps glaring gaps in the new law can be fixed in the next legislative session.

RJ

Employers cant search your vehicle without your consent. LEO's cant even search your vehicle unless you give them consent or they have probable cause. An employer is not an LEO and is not authorized to search your vehicle for probable cause.

[captainkbt]

question does this law affect places like DOW, or BASF, or are they allowed to still have no gun policies?

Companies are still allowed to have anti-gun policies in their buildings. When it comes to parking lots, it depends on the type of facility. For example, parking at the DOW offices on Enclave Pkwy in West Houston is likely protected by the law. However, the plants on the East side (e.g. Deer Park, La Porte) may meet the requirements for the loophole to prohibit firearms inside a secure area.

IANAL so here's the text: http://www.capitol.state.tx.us/tlodocs/ ... 00321F.htm" onclick="window.open(this.href);return false;

I think its going to apply to restricted areas under the federal DHS. If the parking lot is located within the restricted area (ie through the gate and past the guard house) then that is going to be a DHS Federal restriction. Federal trumps state. Think of it like the secure area of the airport......you cant take your concealed weapon with CHL past the TSA checkpoint.....same thing kinda.

[captainkbt]

Does the new law apply to employees of a university keeping guns in cars on staff lots

As I understand things yes, it applies.

A university is NOT a school district, an open-enrollment charter school, or a private school, as defined by Section 22.081 (§ 22.081. DEFINITION. In this subchapter, "private school" means a school that: (1) offers a course of instruction for students in one or more grades from prekindergarten through grade 12; and (2) is not operated by a governmental entity.).


Now here's my situation, somebody please tell me if I go wrong somewhere:

I am employed by Central Texas College so I'm protected in a campus parking lot as long as that lot is not on federal property, such as Fort Hood. Correct?

Central Texas College has a contract with Windham School District ( http://www.windhamschooldistrict.org/ ) to provide college classes to offenders inside of TDCJ units. Windham has a no firearms policy and I am not protected in a Windham parking lot because I am a contract employee. Correct? It also calls itself a school district but I'm not sure it meets the legal criteria since it is not really private, not really public and all adult.

I would also be considered a contract employee at TDCJ so I am not protected in their (not gated or guarded) employee parking lot either, correct?

What about a Central Texas College regional office, which is not guarded or gated and is open to the general public, located on TDCJ property where I park in a TDCJ visitor parking lot (also not guarded or gated)?

Most of my time is spent on a TDCJ unit but sometimes I travel and prefer to do that armed. Especially in Killeen. Maybe next year I'll be able to carry on campus too?!?

Thanks!

I would say that regardless of who Central TX College has contract work with you are fine as long as it is Central Texas College property. Also again.....TPC 46.035 does not include the parking lot in its definition of "premises".

[tbrown]

The Texas DPS attorney told us at our instructors class that you "shouldt carry past a 30.06 sign into a parking lot because it could cause headaches for you but she felt it was not illegal to do so since Texas statutes did not define parking lots as the premisis".

The problem with her reasoning is 30.06 and 30.05 apply to property, not premises. Someone doesn't have to be inside a building or portion of a building to be trespassing.

[tbrown]

Employers cant search your vehicle without your consent.

They can fire you without your consent if you don't allow the search.

[captainkbt]

The Texas DPS attorney told us at our instructors class that you "shouldt carry past a 30.06 sign into a parking lot because it could cause headaches for you but she felt it was not illegal to do so since Texas statutes did not define parking lots as the premisis".

The problem with her reasoning is 30.06 and 30.05 apply to property, not premises. Someone doesn't have to be inside a building or portion of a building to be trespassing.

But in 30.06 it specifically states that the definitions assigned to that statute are the same as 46.035. The statute is clear....."premises" does not include the parking lot or parking garage concerning your legal weapon before or after SB321. SB321 now just makes it clear that employers cant mess with you for storing your legal weapon in your vehicle. But the school district part of SB321 does seem contradictory to the TPC 46.035 statute that says you can have your legal weapon in your vehicle in the parking lot. Now it appears a teacher cant have a legal weapon in their vehicle where before SB321 they could. Thats the way I am reading it.

[3dfxMM]

The definition of premises might matter if 30.06 used the term, but it doesn't. It specifically states "property" rather than "premises".

[captainkbt]

Employers cant search your vehicle without your consent.

They can fire you without your consent if you don't allow the search.

Thats true ....and Im not an attorney, but you may have a complaint with the TWC if they did do that.....maybe even a civil rights violation.....I dont know. Texas is getting pretty tough on this castle doctrine thing. They want your vehicle viewed with the same privacy and rights as your domicile.....and thats a good thing.

[captainkbt]

The definition of premises might matter if 30.06 used the term, but it doesn't. It specifically states "property" rather than "premises".

No...read 30.06 again. It specifically refers to the definitions set forth in TPC 46.035.

[tbrown]

In all of chapter 30 I see the word "premises" two times.

"the premises are a habitation" (offense upgrade for burglary)

"It is an exception to the application of this section that the property on which the license holder carries a handgun is owned or leased by a governmental entity and is not a premises or other place on which the license holder is prohibited from carrying the handgun under Section 46.03 or 46.035." (only relevant to government property)

[captainkbt]

TPC 30.06 states....

(e) It is an exception to the application of this section
that the property on which the license holder carries a handgun is
owned or leased by a governmental entity and is not a premises or
other place on which the license holder is prohibited from carrying
the handgun under Section 46.03 or 46.035.

And again TPC 46.035(f)(3) states.....

(3) "Premises" means a building or a portion of a building. The term does not include any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area.

[3dfxMM]

Again, it uses the term property. It only uses the term premises in reference to places that are statutorily off-limits to CHLs carrying handguns. If it used the term premises in reference to the places where it can be posted, then the definition in 46.035 might matter, but that isn't what 30.06 says. 30.06 only defers to 46.035 for the definition of "License holder", and to 30.05 for the meaning of "Entry".

[tbrown]

TPC 30.06 states....

(e) It is an exception to the application of this section
that the property on which the license holder carries a handgun is
owned or leased by a governmental entity
and is not a premises or
other place on which the license holder is prohibited from carrying
the handgun under Section 46.03 or 46.035.

And again TPC 46.035(f)(3) states.....

(3) "Premises" means a building or a portion of a building. The term does not include any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area.

Like I said a few posts above, that's only relevant to government property.

In layman's terms that clause says if some place is already off limits in 46.03 or 46.035 then the government can give notice according to 30.06 but otherwise government 30.06 signs are not effective for 30.06.