Employee Handbook Question

[Keith B]

I have seen it argued on these pages that even if an employer attempted to exclude employees with CHLs from their parking lots by posting those lots with a 30.06 sign, it would still not prevent one from having their gun secured in their car under the MPA....over which 30.06 has no authority......and that if confronted about it, a CHL holder could selectively claim refuge under MPA. The language of the law is too ambiguous for my personal comfort to use that argument.....which of course does not mean that I would not secure my gun in my car anyway and take the risk of getting fired anyway. I would take that risk....but I also realize that as a self-employed person who requires all employees to be armed at all times, exceptions to be granted only on a case-by-case basis, it is easy for me to take that attitude.

Parking lot law overrides any restrictions by am employer for vehicle storage by employees, period.

[TexasCajun]

Although my employer didn't go as far as including 30.06 language in our manual, they do "prohibit the storing and keeping of weapons" in personal vehicles parked in the company lot. I know that it's not legally binding, but I disarm & lock my weapon in a safe inside my locked car before going into the building to work. I employ the Shhhhh tactic with regard to the impoper prohibition included in the manual, but I've also found a loop-hole that would counter any trouble that may be waiting for me should my activity be uncovered. The office where I work has made some sort of agreement with the business in the next lot over where we can park in the other business's lot in order to access the adjacent street that provides easier access to the building for some. I use that other lot as a just-in-case. That way if by some weird circumstance I'm found out, my employer can't take action because I haven't brought a weapon onto company property. Plus I have the Parking Lot Law to fall back on if I need to.

With all of this, it seems to me that the world would be a much simpler place if we stuck to one of the lessons that I learned from my uncle: Say what you mean & mean what you say.

[Jim88]

Thanks guys! I knew that this was not your typical scenario when I saw that form.

It's actually quite typical.

The only thing I would add to those speaking to the legality of locking your weapon in your car, I would say that you may win the battle but you may wind up losing the war if anyone finds out you have it. If the employer knows they don't have a legal ground to terminate you for the gun, they can just find another reason after waiting a few weeks.

Texas is an "at-will" state meaning you can be fired for any reason, and without warning, that doesn't violate federal or state law. You won't be fired for the gun today but you could be for "poor performance" in a couple of months.

As with everything in life, you have to weigh the pros versus the cons. As much as I hate to do it, my job isn't worth the risk when my commute is only 5 minutes.

[apostate]

Parking lot law overrides any restrictions by am employer for vehicle storage by employees, period.

That's not entirely true. There are exceptions in the law ranging from (some) schools to (some) refineries. Vehicles owned or leased by the employer are another exception.

[Keith B]

Parking lot law overrides any restrictions by am employer for vehicle storage by employees, period.

That's not entirely true. There are exceptions in the law ranging from (some) schools to (some) refineries. Vehicles owned or leased by the employer are another exception.

No, my statement is correct. The parking lot law overrides the other laws. The parking lot law itself contains those exceptions.