Concealed carry in a state agency

[Scott Farkus]

Right - I didn't think of the elected officials angle. Makes sense. In any event, mine is run by a Perry appointed commission, so he has total carte blanche to do this if he wants as far as I can tell.

[AustinMRH]

Right - I didn't think of the elected officials angle. Makes sense. In any event, mine is run by a Perry appointed commission, so he has total carte blanche to do this if he wants as far as I can tell.

When you get a letter drafted PM me a copy. I'd like to send one myself. My commissioners are appointed too, so perhaps they can be motivated.

What is of concern to me is my building is not 30.06, so any non-employee can carry into the building. And my agency has lots of not so happy campers out there in the state, so no shortage of nut cases that could just walk in the door armed and the only thing between me and them is a rent-a-cop with a flashlight. Granted 30.06 or not the folks intent on breaking the law aren't likely to be swayed by a sign.

[ScottDLS]

Right - I didn't think of the elected officials angle. Makes sense. In any event, mine is run by a Perry appointed commission, so he has total carte blanche to do this if he wants as far as I can tell.

When you get a letter drafted PM me a copy. I'd like to send one myself. My commissioners are appointed too, so perhaps they can be motivated.

What is of concern to me is my building is not 30.06, so any non-employee can carry into the building. And my agency has lots of not so happy campers out there in the state, so no shortage of nut cases that could just walk in the door armed and the only thing between me and them is a rent-a-cop with a flashlight. Granted 30.06 or not the folks intent on breaking the law aren't likely to be swayed by a sign.

Not to mention that in a State leased or owned building, a 30.06 notice would not be valid.

[Scott Farkus]

I was finally able to draft a letter to Gov. Perry. This will go out in the mail tomorrow.


Dear Governor Perry:

Congratulations on your re-election. I am writing to request your assistance with an issue that I know is important to you.

I am an employee of [XXX state agency]. Our employee manual forbids all employees, including Concealed Handgun License holders, from carrying firearms into the workplace. We are also prohibited from storing firearms in our vehicles while parked in the state lot outside.

This policy is particularly egregious for two reasons. First, as you know, §30.06(e) of the Texas Penal Code expressly prohibits governmental entities from barring members of the public who are CHL holders from carrying their handguns on government property, except for those places otherwise prohibited under §46.03 and §46.035 (e.g. correctional facility, courtroom, school, etc.). Apparently this prohibition does not extend to the state’s own employees; therefore, CHL holders who happen to be employed by my agency – and perhaps others with the same employment policy – cannot exercise the same right to carry as a CHL holding member of the public who happens to not be an employee of my agency.

Second, because we are also not allowed to store our weapons in our own vehicles while parked in the state owned lot, CHL holders who work for my agency are for all intents and purposes denied their right to carry five days a week. I am not currently a CHL holder, and the primary reason is because it would be almost pointless for me to become one given that I would not be able to carry 70% of the time.

I’m sure you would agree that this situation is unacceptable. The state itself licenses CHL holders; it should not be up to the whims of any other agency to deny those duly licensed from exercising their right to carry, particularly the state’s own employees, and particularly when the law specifically disallows the agency from barring CHL holding members of the public from legally carrying on state property.

As you know, the [XXX state agency] reports directly to you through an appointed commissioner. As Chief Executive of the state, I believe you have the unilateral power by Executive Order to strike or impose any employment policy that you deem appropriate as respects those agencies under your control. I therefore ask that you consider and implement an Executive Order clarifying that §30.06(e) of the Texas Penal Code applies equally to members of the public and state employees. Further, I would ask that you support legislation that would similarly clarify this application to any and all agencies headed by other elected officials.

Finally, I ask that you support legislation prohibiting private employers from barring individuals from storing their firearms in their personal vehicles while parked on company property (generally referred to as the “Parking Lot Bill”). Such a bill died in session in 2009, and I would hope you make it a priority of your administration to see that this does not happen again.

Thank you for your time,

Scott Farkus

[J.R.@A&M]

Scott, thanks for your initiative with this thread and the above letter.

This issue is intertwined with the campus carry bill for employees of state universities and related state agencies, e.g., Texas AgriLife Extension Service. The state university systems are ultimately run by boards of regents, appointed by the Governor.