Parking Lot Policy

[rtschl]

In my full time job, I work for a company that has a no weapons (of any kind) policy that includes an employee's vehicle. So I will not say anything to anyone. Not even to my friends at work (concealed means concealed). If something happens, I can rest assured I can't be fired for carrying in my vehicle (or if I am, I will be re-instated). Even though they are anti-gun at work, they are very adamant about following the law and the ethical treatment of employees.

Ron

[bkj]

However, actually posting the parking with a 30.06 sign got me to thinking. If there is nothing mentioned in the employee hand book and there is otherwise no "policy", is posting a 30.06 sign for the parking lot enforceable? Or does simply putting one up constitute a policy? I'm thinking/hoping that it does.

How else would they provide effective notice to visitors, vendors/salesmen, and the UPS guy?

They don't now, nor have they ever. They actually only prevent employees from carrying on the property by saying so in the employee handbook. Also, BTW, not 30.06 wording. But, they still think they are preventing everyone except on duty LE from bringing a gun on the property.

30.06 does not apply to your employer. Review question 26 on the CHL written test

[Beiruty]

30.06 does not apply to your employer. Review question 26 on the CHL written test

What do you mean? Any employer can post a a valid 30.06, no?

[apostate]

That's another one of those (intentionally?) misleading DPS questions. The notice must meet 30.06 requirements or you're not in violation, regardless of whether the property is owned by your employer or your employee. However, no special notice is required for them to fire you (or quit) because you carry a gun at work or are habitually late for meetings.

[Skiprr]

30.06 does not apply to your employer. Review question 26 on the CHL written test

You’ve posted that opinion a few times. And while I’m not an attorney, I believe the reasoning is mistaken.

You’ve indicated that GC §411.203 means that Subchapter H does not apply at all to the employer in an employer/employee relationship. You’ve said before that “...at work you are not under chapter 411 subchapter H,” and that, therefore, PC §30.06 does not apply to the employer.

I believe that's incorrect. If you are carrying as a CHL (excluding carry as a LEO, armed security officer, or carry under MPA), you are always carrying under Subchapter H, Chapter 411.

All GC §411.203 is doing is guaranteeing that rights of an employer to control the workplace are not infringed. You will note that GC §411.203 states that Subchapter H will not limit the right of an “employer to prohibit persons who are licensed...”; its language is inclusive, and does not restrict that ability to prohibit only to employees.

If an employer’s business does not fall under the exceptions described in GC §411.204 or PC §46, the statute that deals with criminal trespass by a license holder carrying a handgun is PC §30.06. PC §30.05 handles the general terms of criminal trespass, but PC §30.05(f) makes it a defense to prosecution if the only basis for forbidding entry was having a handgun legally carried under Subchapter H, Chapter 411. That hands the matter of criminal trespass by a CHL to PC §30.06.

The employer is free to have any employee policy it wishes with regards to weapons, the same as it can with policies about business ethics, vacation and excused absences, and even dress code.

However, in order for criminal trespass by a license holder to be punishable as a Class A misdemeanor, notice must be given in a form described in PC §30.06. PC §30.06 does not limit the rights of an employer to prohibit persons who are licensed from carrying a concealed handgun, but it does define the specific mechanism by which the employer can choose to make carrying a legally punishable offense.

JMHO.

[RockingRook]

I have not gone through each of the threads on this topic but by the title what I understand
is that an employer does not want a gun in the person's car.

If that is so then how would your employer know you have one in the car? Can they just arbitrarily search your car?

If it is legal by state laws to carry and leave a weapon in your car then I cannot see how they can stop you from doing
that.

If I am way off base here then I am sure that someone will set me straight but I would just ignore an invalid "rule"
and not say a word.

Chuck

[kjolly]

My company has a handbook rule that they are permitted to search your car. If you do not permit the search it is grounds for dismissal. Even after Sept 1 if youe employer is gun shy it doesn't matter your legal rights because in Texas you can be dismissed at will and they never have to cite because they are scared of your gun. Now I have never heard of them performing a car search and my thinking "concealed is concealed" so they should not have any reason to search.

I do believe after Sept 1 if they did find a gun there is nothing they would try to do about it, but it depends on how much you trust your company. (I have heard a rumor that the owners do carry) .

Worked at another company with random drug testing. Every year they would select 2-3 people for the drug test. I had long hair back then and it seemed even through I have never done drugs I was always selected for the random drug test. profiling in its worst form.

[RockingRook]

My company has a handbook rule that they are permitted to search your car. If you do not permit the search it is grounds for dismissal.

Ok, then!! I am simply not used to companies like that. Sounds very familiar!! The military!!

I guess then you have to comply or quit. I have been away from the "working life" for many years.

A question comes to mind, Suppose an employee is attacked in their parking lot. Would your company be liable for not providing you with
adequate security? If they take away your right for self protection I wonder if they are assuming the responsibility for your protection.

Chuck

[VMI77]

I wouldn't bring it up to the employer unless a problem arises. I would inform those of my co-workers that I consider friends and let the grapevine do the work. Some companies might devise "alternate" methods of trying to enforce a now improper policy if it is brought to their attention. Yeah, their attitude might be correctable in a court because the law would be on your side. But unless you have a problem with them, why put yourself through the aggravation.

The only way to describe a policy that ONLY prohibits law abiding citizens without a criminal record (verified by a background check), and who have undergone training, from having a gun on your property is: STUPID. You can't argue with stupid.

[KaiserB]

Any thoughts?

If your company has a no guns policy (in the parking lot), I would believe that they are fully aware of the parking lot law that takes effect September 1, 2011.
I would not bring anything up to them, as if they are really anti-gun, they would then know that you (1) you want to carry a gun if only in your car and (2) that you probably tend to carry when not at work (so outside work functions - dinners - etc, they may intentionally plan at locations where you cannot carry, or if they are super Anti-Gun, they could find reasons to let you go.

Worse case, starting September 1, 2011, you carry. If they give you grief, or worse, they are then breaking the law and you have just cause for a lawsuit to at least protect your rights.

I highly doubt my Employer is either aware or is intending to change anything Our HR department who issues a policy manual is located in PA and pays very little attention to TX laws.