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Carrying at work?

Posted: Fri Mar 18, 2011 1:51 pm
by Kirk
So I reading though our employee handbook and find this statement-

Employees may be subject to discipline, up to and including termination, for violation of COMPANY policy…
Additionally, depending upon the severity of the misconduct, employees may be subject to discipline, up to and including termination, for reasons that include, but are not limited to

Possession of a firearm or other dangerous weapon while on Company business or Company property, unless permitted by applicable state or local law



So my question is does my CHL make it “permitted by applicable state or local law”? I’m reading as yes but I just got my CHL so with the knowledgeable folks here I thought I would see how others read it.

Re: Carrying at work?

Posted: Fri Mar 18, 2011 2:09 pm
by Kythas
That's how I would read it. You may want to get clarification from your HR department, though.

Re: Carrying at work?

Posted: Fri Mar 18, 2011 2:10 pm
by RPBrown
A I read that, I would say yes but IANAL.

Re: Carrying at work?

Posted: Fri Mar 18, 2011 2:11 pm
by gigag04
Ummm...I woulnt say a thing to HR or anyone else. Seems like you are covered but why risk getting effective notice.

Re: Carrying at work?

Posted: Fri Mar 18, 2011 2:17 pm
by G.A. Heath
gigag04 wrote:Ummm...I woulnt say a thing to HR or anyone else. Seems like you are covered but why risk getting effective notice.
+1 :iagree:

Re: Carrying at work?

Posted: Fri Mar 18, 2011 2:22 pm
by Slowplay
The policy of my employer does not have such a qualification (just a blanket weapons prohibition). I wish our HR/Legal folks were on the same page as your HR/Legal folks.

Re: Carrying at work?

Posted: Fri Mar 18, 2011 2:49 pm
by hirundo82
I don't think that is saying it is OK to carry if you have a CHL. Language like that has been popping up in HR manuals over the past few years as states pass laws requiring employers to allow employees to store firearms in their vehicles.

That said, it's not valid §30.06 notice so the worst that can happen if you are caught is you are fired. Getting HR to clarify is just asking to be given oral notice that no firearms are allowed on the property, which would be legally binding to a CHL holder (arguably even in your vehicle).

Re: Carrying at work?

Posted: Fri Mar 18, 2011 2:54 pm
by WildBill
G.A. Heath wrote:
gigag04 wrote:Ummm...I woulnt say a thing to HR or anyone else. Seems like you are covered but why risk getting effective notice.
+1 :iagree:
+1 :iagree:
"It's always easier for a bureaucrat to say "No" than "Yes" - Wild Bill

Re: Carrying at work?

Posted: Fri Mar 18, 2011 3:30 pm
by Texas_Tactical
Kirk wrote:So I reading though our employee handbook and find this statement-

Employees may be subject to discipline, up to and including termination, for violation of COMPANY policy…
Additionally, depending upon the severity of the misconduct, employees may be subject to discipline, up to and including termination, for reasons that include, but are not limited to

Possession of a firearm or other dangerous weapon while on Company business or Company property, unless permitted by applicable state or local law



So my question is does my CHL make it “permitted by applicable state or local law”? I’m reading as yes but I just got my CHL so with the knowledgeable folks here I thought I would see how others read it.
One could make the argument that this policy doesn't allow carrying under GC §411.203. Because your company policy states that Possession of a firearm is subject to discipline up to termination. However your company policy makes an exception "unless permitted by applicable state or local law" and CCW is permitted by state law unless posted w/30.06 or given effective notice by employer. This is just one argument that could be made, your employer could have a different view of this.

Obviously this is at your own risk. If you decide to carry I would be absolutely sure it was concealed and if any questions arise state this policy. In this situation it's a hope for the best attitude. I tried not to twist anything around for my own meaning, If I have feel free to correct.

Re: Carrying at work?

Posted: Fri Mar 18, 2011 3:59 pm
by sjfcontrol
WildBill wrote:
G.A. Heath wrote:
gigag04 wrote:Ummm...I woulnt say a thing to HR or anyone else. Seems like you are covered but why risk getting effective notice.
+1 :iagree:
+1 :iagree:
"It's always easier for a bureaucrat to say "No" than "Yes" - Wild Bill
It's also easier to ask for forgiveness than permission! :biggrinjester:

Re: Carrying at work?

Posted: Fri Mar 18, 2011 4:59 pm
by Ameer
If they want to fire you, they will find a reason, or give none at all.

Re: Carrying at work?

Posted: Fri Mar 18, 2011 5:06 pm
by jordanmills
gigag04 wrote:Ummm...I woulnt say a thing to HR or anyone else. Seems like you are covered but why risk getting effective notice.
Yep. And if you keep it concealed, they should never know any way. So you're not breaking the law OR company policy. Carry on.

Re: Carrying at work?

Posted: Fri Mar 18, 2011 6:47 pm
by 2up1down
gigag04 wrote:Ummm...I woulnt say a thing to HR or anyone else.
Seems like you are covered but why risk getting effective notice..
:iagree:

I would read it as written, "Possession of a firearm or other dangerous weapon while on Company business or Company property, unless permitted by applicable state or local law" and be thankful that I have a dated copy of this
policy and a Valid CHL should any questions ever arise.

Working in an "AT WILL" State, they can fire us for no reason at all,
so I would make sure I could defend myself and be alive to find another job if necessary.

If my company's policy contained a statement to that effect,
then this post of mine: viewtopic.php?f=7&t=43111" onclick="window.open(this.href);return false;
would not have been required. (might want to read it good Sir.)

and Read viewtopic.php?f=7&t=42941" onclick="window.open(this.href);return false; for a cautionary story. (Thanks to Ameer for pointing me there)

Welcome to the board and don't be shy, asking questions before we make mistakes is the key to success
considering our responsibility to ourselves, families, the public and law.

There will always be differing opinions, but it is each of our responsibilities to make our own decision,
considering the consequences may be our death, imprisonment or loss of a Loved One.

Again Welcome, you will find many of these great Citizens have amazing insight that they will share.

Good luck,
Michael

Re: Carrying at work?

Posted: Sat Mar 19, 2011 12:55 pm
by Kirk
2up1down,

Thanks. I am following both the threads you have linked. I have found many knowledgeable post on the forum and posted this just to see if I was on the right track. The area I work at is not the garden spot of Houston and our night crew is not allow to leave the facility during their shift due to a contractor being robbed at gun point close by.

Since the Employee manual also state my just is "At Will" they can still terminate me. Yea, I could go to court and fight it but I believe its going to come down to my safety first after I leaves the gates of the plant.

As stated in other post "Concealed mean Concealed"

Again thank you for your feedback!! :thumbs2:

Re: Carrying at work?

Posted: Sat Mar 19, 2011 6:04 pm
by boba
Kirk wrote:Since the Employee manual also state my just is "At Will" they can still terminate me. Yea, I could go to court and fight it but I believe its going to come down to my safety first after I leaves the gates of the plant.
It's not a reason prohibited by law so going to court might not help any.