I am no attorney and my little brain has a hard time deciphering legal code such as PC §30.06., so I would like to ask for a laymen explanation on the following topic:
I have been informed that employers’ having the ability to restrict the carrying of a concealed weapon on their property. I was under the assumption that if caught carrying I could be fired… I get that… Now I hear that if the employer states in a company handbook (not posting 30.06) that they do not allow employees to have a weapon, you can be charged with a Crime. Could I get some clarification?
PC §30.06.
TRESPASS BY HOLDER OF LICENSE TO CARRY CONCEALED HANDGUN.
(a) A license holder commits an offense if the license holder:
(1) carries a handgun under the authority of Subchapter H, Chapter 411, Government Code, on property of another without effective consent; and
(2) received notice that:
(A) entry on the property by a license holder with a concealed handgun was forbidden; or
(B) remaining on the property with a concealed handgun was forbidden and failed to depart.
(b) a person receives notice if the owner of the property or someone with apparent authority to act for the owner provides notice to the person by oral or written communication.
(c) In this section:
(1) "Entry" has the meaning assigned by Section 30.05(b).
(2) "License holder" has the meaning assigned by Section 46.035(f).
(3) "Written communication" means:
(A) a card or other document on which is written language identical to the following: "Pursuant to Section 30.06, Penal Code (trespass by holder of license to carry a concealed handgun), a person licensed under Subchapter H, Chapter 411, Government Code (concealed handgun law), may not enter this property with a concealed handgun"; or
(B) a sign posted on the property that:
(i) includes the language described by Paragraph (A) in both English and Spanish;
(ii) appears in contrasting colors with block letters at least one inch in height; and
(iii) is displayed in a conspicuous manner clearly visible to the public.
(d) An offense under this section is a Class A misdemeanor.
Employer Question
Moderators: carlson1, Charles L. Cotton
Re: Employer Question
Yes, as long as it is written exactly like the following:leswad wrote: I have been informed that employers’ having the ability to restrict the carrying of a concealed weapon on their property. I was under the assumption that if caught carrying I could be fired… I get that… Now I hear that if the employer states in a company handbook (not posting 30.06) that they do not allow employees to have a weapon, you can be charged with a Crime. Could I get some clarification?
"Pursuant to Section 30.06, Penal Code (trespass by holder of license to carry a concealed handgun), a person licensed under Subchapter H, Chapter 411, Government Code (concealed handgun law), may not enter this property with a concealed handgun";
Re: Employer Question
There is not 30.06 posting, but the owner has put in the company manual that you are not allowed to have a weapon. So I have received notice as stated below:
(b) a person receives notice if the owner of the property or someone with apparent authority to act for the owner provides notice to the person by oral or written communication.
(b) a person receives notice if the owner of the property or someone with apparent authority to act for the owner provides notice to the person by oral or written communication.
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Right2Carry
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Re: Employer Question
3) "Written communication" means:leswad wrote:There is not 30.06 posting, but the owner has put in the company manual that you are not allowed to have a weapon. So I have received notice as stated below:
(b) a person receives notice if the owner of the property or someone with apparent authority to act for the owner provides notice to the person by oral or written communication.
(A) a card or other document on which is written language identical to the following: "Pursuant to Section 30.06, Penal Code (trespass by holder of license to carry a concealed handgun), a person licensed under Subchapter H, Chapter 411, Government Code (concealed handgun law), may not enter this property with a concealed handgun"; or
“Some people spend an entire lifetime wondering if they made a difference in the world. But, an American Soldier doesn't have that problem". — President Ronald Reagan, 1985
Re: Employer Question
Can someone 'override' that 30.06 sign? CEO/Owner-Janitor? Say sure, it's ok, c'mon in, I'll cover for ya!
-Cain
-Cain
Re: Employer Question
OK, All I can lose is my job and not my freedom! I can live with that! Thanks!
Re: Employer Question
Watch out on this one, all it takes is an employee meeting in which the owner or manager says, "You know that guns are not allowed" and they have met the requirement of notification.
They may not prosecution you, but you could be fired without any unemployment benefits.
They may not prosecution you, but you could be fired without any unemployment benefits.
Re: Employer Question
In the scenario you pose, I would say the only folks that are more likely to be charged with a crime/violation for carrying/possessing a gun anywhere other than one's own property (vehicle included) would be those without a CHL (and police were called to charge). If you have a CHL and you work at a place that has given you any kind of 'no guns' language, you either disarm or they can terminate your employment (which you already know) but you would not be charged with a "crime" per say. Of course, if you did not leave immediately upon receiving notice of termination, they could call po po and press trespassing charges. Does this help? I know it's so fun to wade through legalease. 
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