70 year old man robbed at Walmart

[RPB]

I would have drawn and fired, had I been armed. Unfortunately, now that school has started, my employer has taken away my right to protect myself unless I want to make the 45 minute round trip home to get my gun after work.

I thought you could leave the gun in your car - what am I missing here?

I think Schools are excluded from parking lot law ... for employees

[baldeagle]

I would have drawn and fired, had I been armed. Unfortunately, now that school has started, my employer has taken away my right to protect myself unless I want to make the 45 minute round trip home to get my gun after work.

I thought you could leave the gun in your car - what am I missing here?

I think Schools are excluded from parking lot law ... for employees

That depends on what type of school it is. The law is Texas Labor Code Chapter 52 Section 061.

Sec. 52.061. RESTRICTION ON PROHIBITING EMPLOYEE ACCESS TO OR STORAGE OF FIREARM OR AMMUNITION. A public or private employer may not prohibit an employee who holds a license to carry a concealed handgun under Subchapter H, Chapter 411, Government Code, who otherwise lawfully possesses a firearm, or who lawfully possesses ammunition from transporting or storing a firearm or ammunition the employee is authorized by law to possess in a locked, privately owned motor vehicle in a parking lot, parking garage, or other parking area the employer provides for employees.

The exceptions are listed in Section 062.

Sec. 52.062. EXCEPTIONS. (a) Section 52.061 does not:

(1) authorize a person who holds a license to carry a concealed handgun under Subchapter H, Chapter 411, Government Code, who otherwise lawfully possesses a firearm, or who lawfully possesses ammunition to possess a firearm or ammunition on any property where the possession of a firearm or ammunition is prohibited by state or federal law; or

(2) apply to:

(A) a vehicle owned or leased by a public or private employer and used by an employee in the course and scope of the employee's employment, unless the employee is required to transport or store a firearm in the official discharge of the employee's duties;

(B) a school district;

(C) an open-enrollment charter school, as defined by Section 5.001, Education Code;

(D) a private school, as defined by Section 22.081, Education Code;

(E) property owned or controlled by a person, other than the employer, that is subject to a valid, unexpired oil, gas, or other mineral lease that contains a provision prohibiting the possession of firearms on the property; or

(F) property owned or leased by a chemical manufacturer or oil and gas refiner with an air authorization under Chapter 382, Health and Safety Code, and on which the primary business conducted is the manufacture, use, storage, or transportation of hazardous, combustible, or explosive materials, except in regard to an employee who holds a license to carry a concealed handgun under Subchapter H, Chapter 411, Government Code, and who stores a firearm or ammunition the employee is authorized by law to possess in a locked, privately owned motor vehicle in a parking lot, parking garage, or other parking area the employer provides for employees that is outside of a secured and restricted area:

(i) that contains the physical plant;

(ii) that is not open to the public; and

(iii) the ingress into which is constantly monitored by security personnel.

(b) Section 52.061 does not prohibit an employer from prohibiting an employee who holds a license to carry a concealed handgun under Subchapter H, Chapter 411, Government Code, or who otherwise lawfully possesses a firearm, from possessing a firearm the employee is otherwise authorized by law to possess on the premises of the employer's business. In this subsection, "premises" has the meaning assigned by Section 46.035(f)(3), Penal Code.

So primary and secondary education, public, charter and private schools, are exempted, but colleges are not. If he works at a college, he can carry into the parking lot and lock his weapon in his car.

[Songbird]

I teach middle school. It's in writing in the district's policies. No firearms on ANY school property at ANY time. Including locked in my car in the parking lot. (I asked. I know. Dumb move.)

[ClarkLZeuss]

What would I do? It depends entirely on what the BG's hands are doing. If he just quickly showed his gun, put his shirt back down, and held out his hands, I would draw and order him to the ground. I would probably have to shoot, though, if he was standing close enough to grab my gun.

OTOH, if he was keeping a hand on the gun during the encounter, or even close by, I'm not sure I could draw and fire quickly enough. I would first have to get something else in his hands, like my wallet. Distraction would be key. Or, if he was within arms reach, I might try pushing him really hard, really fast, to throw him off balance, then draw.

I've been in a few of these situations where a guy has "interviewed" me, like this poor fellow was just before the robbery. I've always been mindful of their hands. Almost always it has told me their intentions. Guys whose hands wander nervously around their abdomen or who are flexing their fingers, I get rid of them ASAP.

[jmra]

I would hand him my roll - $1 bill wrapped around a bunch of monopoly money - and laugh as he drove off. Of course I would call the police and let them know he should be returning to the scene of the crime shortly.

[RPB]

I teach middle school. It's in writing in the district's policies. No firearms on ANY school property at ANY time. Including locked in my car in the parking lot. (I asked. I know. Dumb move.)

is it the "required 30.06 language" in writing in the district's policies? or just "no weapons etc generic"
I mean the difference being termination for policy, versus crime (unless you also got oral notice by asking; then it would be a crime since there's no specific language required for oral notice)
Apparently; Now you know "Silence is Golden"

[RoyGBiv]

I teach middle school. It's in writing in the district's policies. No firearms on ANY school property at ANY time. Including locked in my car in the parking lot. (I asked. I know. Dumb move.)

If you worked for a private company that was not a school (or other exception above), you could ignore that policy. The "parking lot law" supersedes it.

IANAL. This is my opinion. Not legal advice.