I apologize in advance for the length of this...
I'm currently seeking new employment. I've had a few interviews that lead me to wish I had never allowed my CHL to expire. Since I don't know where I may end up working, I'm researching the issue of CHL in the workplace so that I can ensure that I understand it. Specifically, the legalities regarding an employer that does not approve of carrying in the workplace. I understand that at the very minimum, I would be putting my employment at risk if I choose to carry in a workplace that does not permit it. I believe I can live with that risk. I want to be sure I understand the criminal aspect, because I'm not willing to commit a crime over this issue.
I see that in 411.203 that the rights of an employer to prohibit CHL holders from carrying on work premises are not prevented or limited. Ok, so employer's may prohibit concealed carry in the workplace and on company property. There is no mention of the legality for defying these prohibitions.
I see that in 30.05 that a person commits Criminal Trespass if they had prior notice that entry was forbidden. Looking at the definition of "notice" in 2A, I believe a statement that firearms are prohibited in the employee handbook would constitute notice. It appears to be defined as a Class B misdemeanor. It also appears that it is a defense to prosecution if "the person was carrying a concealed handgun and a license... to carry a concealed handgun of the same category". So if somehow discovered you are carrying, not only are you subject to termination, you could very well be arrested. Since it is a defense to prosecution, it also sounds as though there is a chance for it to be dismissed in court. This would also mean loss of your firearm and license until it's all worked out in the courts I assume.
In 30.06, it appears that a person commits an offense if they carry a handgun under the CHL code on the property of another without effective consent, or received notice that entry by a license holder was forbidden. Notice appears to be acceptable in oral or written form. Written notice appears to require the specific verbiage, "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". This could be in the form of a sign at the entrance or some sort of written document such as your handbook etc. This seems clear that if these signs/documents are in place and you are discovered carrying, you have committed Criminal Trespass. It also sounds as though if the employer notifies you verbally, that will also constitute effective notice, and again Criminal Trespass.
So here is the conclusion I'm coming to, and wondering how far off base I am. If the company uses signs or documentation with the language from 30.06, or notifies you verbally, it's a criminal situation.
If there are no 30.06 signs, and the language in an employee handbook is not from 30.06, and you have no verbal notification, then it's just an employment issue. You are subject to potential termination due to violation of condition of employment, and could be arrested under the definitions in 30.05. The CHL license would be a defense to prosecution, and it may not result in a criminal conviction. You will however be unemployed, ineligible for unemployment, temporarily unarmed and unlicensed, and have a lot of legal fee's to deal with in the mean time.
Is that a fair interpretation of the situation, or have I missed other sections of the law in regards to employers?
I recognize this has become a bit long. I just wanted to try and demonstrate that I'm doing my part to read and interpret the law, and not just asking you for a simple answer to a complicated question.
Thank you for your time.
Edited some typos
