Non-CHL Carry at work

[jtgchl]

I have my CHL and carry everyday. I recently talked my girlfriend to getting here CHL. She is taking a class this weekend.

She works downtown on the square in a small secluded town as a hair dresser. Because of this she often works till 8,9,10pm and since she just started and is working hard to build clients she is usually the only one there while she closes. Her shop is less then a block from many bars and a dance hall as well as a internet gambling hot spot. Where she parks she must walk across the street in the dark with no people around. To make things worse her shop's front door doesn't lock from the inside so someone could easily slip in the front door while she was putting things up in the back. She has told me many time she felt very uneasy on many occasions. thus how i talked her into the chl. i go up to her shop to help closed when i can which isnt much.

My question: Can she consealed carry her 9mm with her driving to work, from her car directly across the pulbic street and sidewalk, and while on the job? while waiting on her CHL?

Her employer has no policy no sign. she pays rent for her booth. does that make the premicies under her control?

[WildBill]

I have my CHL and carry everyday. I recently talked my girlfriend to getting here CHL. She is taking a class this weekend.

My question: Can she consealed carry her 9mm with her driving to work, from her car directly across the pulbic street and sidewalk, and while on the job? while waiting on her CHL?

Her employer has no policy no sign. she pays rent for her booth. does that make the premicies under her control?

In her car driving to work is okay, but no to your other questions. I am glad that she will be taking the CHL class. You didn't ask, but maybe she should rent a booth in a better place. BTW - Welcome to the Forum.

[Hoi Polloi]

Is she employed by the company? Or a contract worker? Or is she renting space and self-employed?

I think there is a chance, depending on the actual legal relationship, that she can have it in her booth and transport to and from her car through the common areas similar to the situation of renting a hotel room.

[jtgchl]

yes i mis-phrased that earlier. She is self employed and rents the booth. I said employeer when i ment landlord. she recieves no payment from anyone but her clients and pays a flat rate each month.

The main question is if that makes her in control of the premice under law. at least her portion. and if that is true she would be able to carry in direct line to and from HER booth and HER car.

[Hoi Polloi]

yes i mis-phrased that earlier. She is self employed and rents the booth. I said employeer when i ment landlord. she recieves no payment from anyone but her clients and pays a flat rate each month.

The main question is if that makes her in control of the premice under law. at least her portion. and if that is true she would be able to carry in direct line to and from HER booth and HER car.

If you find out that she may have it in her booth, she will have a practical consideration. I don't think she'll be able to move it around in the common areas she's granted access to like the bathrooms and shampoo stations. She'll have to leave it in her booth unattended. She won't want to lock it in a purse and then leave the purse unattended, so a locking drawer or safe or something large enough to put the purse in would probably be wise. I think most hairdressers put their purses in a locker in the backroom, but I don't think that will be an option for her before she gets her CHL.

[A-R]

I think she would be OK but PLEASE do not go forward based on my layman's interpretation of the relevant law. I am NOT a lawyer. My interpretation is that she is within or directly en route to/from premises under her control if she is the only one there (regardless of whether she's leasing the premises or owns it). But again, this is a very thin line - might want to speak to an actual attorney about this.

The relevant law is below. I've highlighted the relevant portions.

Interesting wording in (a-2) ... do both the "real property" AND the "recreational vehicle" have to be "used as living quarters" to qualify? Or just the RV?

Reminds me of past discussions of how an employee in a gun store can legally open carry inside the store.

Sec. 46.02. UNLAWFUL CARRYING WEAPONS.
(a) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun, illegal knife, or club if the person is not:
(1) on the person's own premises or premises under the person's control; or
(2) inside of or directly en route to a motor vehicle that is owned by the person or under the person's control.
(a-1) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun in a motor vehicle that is owned by the person or under the person's control at any time in which:
(1) the handgun is in plain view; or
(2) the person is:
(A) engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic;
(B) prohibited by law from possessing a firearm; or
(C) a member of a criminal street gang, as defined by Section 71.01.
(a-2) For purposes of this section, "premises" includes real property and a recreational vehicle that is being used as living quarters, regardless of whether that use is temporary or permanent. In this subsection, "recreational vehicle" means a motor vehicle primarily designed as temporary living quarters or a vehicle that contains temporary living quarters and is designed to be towed by a motor vehicle. The term includes a travel trailer, camping trailer, truck camper, motor home, and horse trailer with living quarters.
(b) Except as provided by Subsection (c), an offense under this section is a Class A misdemeanor.
(c) An offense under this section is a felony of the third degree if the offense is committed on any premises licensed or issued a permit by this state for the sale of alcoholic beverages.

[WildBill]

yes i mis-phrased that earlier. She is self employed and rents the booth. I said employeer when i ment landlord. she recieves no payment from anyone but her clients and pays a flat rate each month.

The main question is if that makes her in control of the premice under law. at least her portion. and if that is true she would be able to carry in direct line to and from HER booth and HER car.

I don't think that she is in charge of the premise. IMO, there is no such thing as being in charge of a "portion of the premise." I would be like saying that an employee of a department store has control of the make-up counter.

[3dfxMM]

I would think that if you are the only employee there and are locking up the shop at the end of the day you would be considered to be in control of the premises.

[jtgchl]

premice is defined as building or portion of a building. she has the right to her booth, a facial room in the back and the retail display space which almost cover the entire salon. i see it being difficult to prove she was not in her portion of the building.

[WildBill]

I would think that if you are the only employee there and are locking up the shop at the end of the day you would be considered to be in control of the premises.

I would agree, but he never said that she was the only employee there closing up the shop.

[WildBill]

46.035. (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.

[Hoi Polloi]

She is not an employee. She is an independent business woman renting a portion of a building which is under her sole and complete control for the purposes of her business. She is also granted access to common areas of the building which are legally under her control for the purposes of her business, but not under her sole control as others are legally granted control of these common areas as well.

Whether or not she's the only one there is irrelevant to the discussion and she is not comparable to a dept store make-up counter attendant as this woman has legal control of her rented property on which she conducts her independent business, unlike the dept store employee.

[jtgchl]

46.035. (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.

[WildBill]

46.035. (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.

Some of my previous posts were off the mark. I was keying in on the words "employee and employer". So I if she is renting the space then she "could be" in control of her booth.

The thing that concerns me is the "common ground" areas. If you rent an apartment you can carry inside your apartment, but not on common grounds like the courtyard, laundromat, pool, etc. As jtgchl said, it would be hard to prove, but IANAL so don't take this as legal advice.

[JP171]

46.035. (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.

Some of my previous posts were off the mark. I was keying in on the words "employee and employer". So I if she is renting the space then she "could be" in control of her booth.

The thing that concerns me is the "common ground" areas. If you rent an apartment you can carry inside your apartment, but not on common grounds like the courtyard, laundromat, pool, etc. As jtgchl said, it would be hard to prove, but IANAL so don't take this as legal advice.

you can indeed carry on the common portions of the apartment complex unless they state otherwise and if you are going to your car or vehicle they may not stop you, the common areas of the complex are considered a part of the residents property for the purposes of residents rights not advocating that ouy walk around the apartments without a CHL cause as is said you can't beat the ride. in respose to the OP if she is a "contract" worker then she probably can't if she has a DBA or letter of incorperation for her business then she probaly can. the way that some of the salons do the beautician thing is funny they are contract workers that pay a fee to the owner of the salon for the use of a space, if the customer uses a credit card it goes thru the salons processor the salon gets a minimal ammount for the transaction to cover the fees they pay, the salon makes change and so forth makes the beautician a contract worker, if the owner says no weapons then its no weapons.


but like everyone else says I am not a lawyer so I could be full of stuffing