Employer says no

[Fire1141]

My employer has a sign posted that says "notice applies to all property beyond this sign and includes licensed handgun owners. Facility is under no obligation or responsibility for enforcement" "absolutely no weapons allowed on premises" and the weapon policy says that carrying a weapon on co. Property will be considered an act of criminal trespass and will be grounds for removal. Can I carry concealed?

[grumble]

My employer has a sign posted that says "notice applies to all property beyond this sign and includes licensed handgun owners. Facility is under no obligation or responsibility for enforcement" "absolutely no weapons allowed on premises" and the weapon policy says that carrying a weapon on co. Property will be considered an act of criminal trespass and will be grounds for removal. Can I carry concealed?

You can do what you want. However, since it's your employer, realize that you could easily be terminated for violation of company policy. If you weren't an employee, and *IF* the notice met 30.06 standards, AND your employers property isn't prohibited by statute, then you could safely ignore the notification...

Yes, this is my interpretation :)

[Keith B]

My employer has a sign posted that says "notice applies to all property beyond this sign and includes licensed handgun owners. Facility is under no obligation or responsibility for enforcement" "absolutely no weapons allowed on premises" and the weapon policy says that carrying a weapon on co. Property will be considered an act of criminal trespass and will be grounds for removal. Can I carry concealed?

First off, welcome to the forum.

As for legally carrying, unless the corporate policy is written in the exact verbiage of the requirements per the 30.06 statute, they have oral given you notice that you can't carry, or a valid 30.06 sign is posted, then you can carry and you are not violating the criminal trespass law.

However, they can fire you for anything, so if they find out you are carrying, you could lose your job.

IANAL

[Medic218]

I wouldn't test it. Especially since Texas is an at will state.
Even if you were carrying legally and they found out they could still fire you just because they wanted to.
What kind of work do you do?

[Fire1141]

Thanks for the quick replies, guys. I think I'll take my chances. I work in a pretty bad location in med center thanks again

[Fire1141]

Oilfield equipment

[austin-tatious]

Thanks for the quick replies, guys. I think I'll take my chances. I work in a pretty bad location in med center thanks again

A pocket pistol should do the trick.

[GhostTX]

Ya...even though its not a "legal" sign, they can still fire you for violation of policy.

Roll the dice...

[surprise_i'm_armed]

Legally you can carry if your site isn't 30.06 posted or otherwise
off limits per Texas CHL law.

Losing your job is the downside, but you will not have broken a law.

If you wish to carry, it looks like you need to go with a Ruger LCP,
or something equally small. A few extra .380 mags shouldn't take
up too much more room.

Good luck.

SIA

[Dragonfighter]

I met a fella who defended himself while working for a stop n' rob in the Houston area...about 15 years ago, he said he was fired before the police got there. He then added two things that make sense:

"I was looking for a job when I found that one."

and

"Can't job hunt if you're dead."

Take that for what it's worth.

[C-dub]

And, correct me if I'm wrong here, but since the notification doesn't meet the legal requirements I don't think you can be prosecuted for criminal trespass either.

[Fire1141]

Think I'll just conceal very well. Kinda fond of my xd. Although I may switch to something smaller once I star carrying. Thanks for all the input, guys. It's appreciated

[Kythas]

And, correct me if I'm wrong here, but since the notification doesn't meet the legal requirements I don't think you can be prosecuted for criminal trespass either.

It's a defense to prosecution on criminal trespass if the only reason you're not allowed on the property is due to the weapon and you have a CHL. That doesn't mean you won't take the ride but you should beat the rap.

§ 30.05. CRIMINAL TRESPASS. (a) A person commits an
offense if he enters or remains on or in property, including an
aircraft or other vehicle, of another without effective consent or
he enters or remains in a building of another without effective
consent and he:
(1) had notice that the entry was forbidden; or
(2) received notice to depart but failed to do so.


.....SNIP.....


(f) It is a defense to prosecution under this section that:
(1) the basis on which entry on the property or land or
in the building was forbidden is that entry with a handgun was
forbidden; and
(2) the person was carrying a concealed handgun and a
license issued under Subchapter H, Chapter 411, Government Code, to
carry a concealed handgun of the same category the person was
carrying.

[Toadstone]

In my CHL class, my instructor told us that your employer doesn't have to have a proper 30.06 sign to prevent employees from carrying. They could have a picture of a gun with a slash through it - any sign that says you can't carry means you can't carry. Also, they might not have a sign at all. It might say in your employee's handbook that you can't carry. Or if your boss tells you that you can't, you can't.

[ScottDLS]

In my CHL class, my instructor told us that your employer doesn't have to have a proper 30.06 sign to prevent employees from carrying. They could have a picture of a gun with a slash through it - any sign that says you can't carry means you can't carry. Also, they might not have a sign at all. It might say in your employee's handbook that you can't carry. Or if your boss tells you that you can't, you can't.

If his assertion is that you can be prosecuted for a crime (PC 30.06) when there is no sign, or a circle slash sign, then he is wrong.

Unless the employee handbook has the exact language specified in 30.06, then you can't be prosecuted.

Or if your boss tells you that you can't, you can't.

In this case you have received oral notice under 30.06, so you can be prosecuted.

In all cases you could be fired and there is no form of notice required.