CC on private property?

As the name indicates, this is the place for gun-related political discussions. It is not open to other political topics.

Moderators: carlson1, Charles L. Cotton

Post Reply

Topic author
peon
Junior Member
Posts in topic: 1
Posts: 14
Joined: Fri Oct 31, 2008 11:08 am

CC on private property?

#1

Post 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.
Class Taken Oct. 20.
Submitted Paperwork Nov. 3.
Processing app Nov. 20.
Application Completed - license issued or certificate active - Dec. 15
Plastic in Hand! - Dec. 17
User avatar

barres
Senior Member
Posts in topic: 1
Posts: 1118
Joined: Thu Jan 19, 2006 3:58 pm
Location: Prison City, Texas

Re: CC on private property?

#2

Post 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.
Remember, in a life-or-death situation, when seconds count, the police are only minutes away.

Barre
User avatar

nitrogen
Senior Member
Posts in topic: 1
Posts: 2322
Joined: Wed Dec 21, 2005 1:15 pm
Location: Sachse, TX
Contact:

Re: CC on private property?

#3

Post 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.
.השואה... לעולם לא עוד
Holocaust... Never Again.
Some people create their own storms and get upset when it rains.
--anonymous
User avatar

Charles L. Cotton
Site Admin
Posts in topic: 1
Posts: 17787
Joined: Wed Dec 22, 2004 9:31 pm
Location: Friendswood, TX
Contact:

Re: CC on private property?

#4

Post 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.

bdickens
Senior Member
Posts in topic: 2
Posts: 2807
Joined: Fri Feb 29, 2008 10:36 am
Location: Houston

Re: CC on private property?

#5

Post 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.
Byron Dickens
User avatar

AggieMM
Senior Member
Posts in topic: 2
Posts: 771
Joined: Tue Jul 26, 2005 10:26 am
Location: Austin, TX

Re: CC on private property?

#6

Post 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

mr.72
Senior Member
Posts in topic: 2
Posts: 1619
Joined: Tue May 13, 2008 10:14 am

Re: CC on private property?

#7

Post 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
non-conformist CHL holder
User avatar

AggieMM
Senior Member
Posts in topic: 2
Posts: 771
Joined: Tue Jul 26, 2005 10:26 am
Location: Austin, TX

Re: CC on private property?

#8

Post 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
User avatar

Fangs
Senior Member
Posts in topic: 1
Posts: 1229
Joined: Thu Dec 04, 2008 9:18 pm
Location: San Marcos, TX

Re: CC on private property?

#9

Post 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.
"When I was a kid, people who did wrong were punished, restricted, and forbidden. Now, when someone does wrong, all of the rest of us are punished, restricted, and forbidden. The one who did the wrong is counselled and "understood" and fed ice cream." - speedsix

mr.72
Senior Member
Posts in topic: 2
Posts: 1619
Joined: Tue May 13, 2008 10:14 am

Re: CC on private property?

#10

Post 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.
non-conformist CHL holder

bdickens
Senior Member
Posts in topic: 2
Posts: 2807
Joined: Fri Feb 29, 2008 10:36 am
Location: Houston

Re: CC on private property?

#11

Post 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.
Byron Dickens

gmckinl
Senior Member
Posts in topic: 1
Posts: 406
Joined: Sat Jul 22, 2006 6:30 pm
Location: DFW-Area

Re: CC on private property?

#12

Post 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;
NRA Life Member

"The beauty of the second amendment is that it will not be needed until they try to take it." -- Thomas Jefferson
Post Reply

Return to “Gun and/or Self-Defense Related Political Issues”