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Does anyone know if TABC has laws that prohibt carrying while "on duty" while working for a alcoholic beverage distributor.

Also, can the employer, prohibt carry on property, without posting the proper signage?

Houpilot2001 wrote:Does anyone know if TABC has laws that prohibt carrying while "on duty" while working for a alcoholic beverage distributor.

Also, can the employer, prohibt carry on property, without posting the proper signage?

Are you delivering to bars, liquor stores or grocery stores?

IANAL... So.. this is just OPINION...

I believe you cannot carry past a 51% sign for any reason. Only the owner of the premises is allowed, plus any employees the owner allows. In your capacity as a supplier, you are not an employee, so, you cannot carry past the 51% sign and the owner cannot authorize you to do so.

Your employer can prohibit carry in many ways... Employee handbook, verbal communication, email, whatever... Your employer does not have to post a sign of any kind to prohibit employee carry while on the job. They just need to tell you it's not allowed. Although documenting it is a good idea, it's not required.

Your employer DOES have to post a sign if they want to prohibit a non-employee CHL-holder from carrying on their property.

to the best of my knowledge there are no rules or laws on guns that would apply specifically to a supplier or his employees. As was already pointed out, the standard laws do apply, so you could not carry past a 30.06 sign or on a 51% premise.

Your employer can always make any employee rules he desires, but that concerns job security more than arrest usually. He may give you oral notice, or it may be written notice. If the notice is written (either in a handbook or on a sign), you may be prosecuted only if it meets all of the requirements in 30.06. If it is oral, it by definition matches all of the requirements to charge you also.

If you have checked the employee handbook it does not meet the 30.06 requirements, you might consider asking TABC about their rules. I would write a letter to the TABC General Counsel so you get a lawyer's answer, not just the opinion of an agent or even the Enforcement Chief. They might pass it down to someone else, but I think they legal department would answer you directly.

Just an FYI...

My Husband was fired for his gun without being told no guns and nothing in the Handbook about it. It is in a thread here. Hard Lesson Learned some places it is just good to test the company in an At Will State

It Can be hard to follow:
http://texaschlforum.com/viewtopic.php?f=7&t=42941 Page one is important and Page 7 where We got oral proof no policy was in place until 3 days after being fired.

WildBill wrote:

Houpilot2001 wrote:Does anyone know if TABC has laws that prohibt carrying while "on duty" while working for a alcoholic beverage distributor.

Also, can the employer, prohibt carry on property, without posting the proper signage?

Are you delivering to bars, liquor stores or grocery stores?

I understand the 30.06 and 51% signs. I'm referring directly to the premises of employment. We have a "no weapon" policy in the handbook, but there are no signs posted. I will quote the handbook when I see it next.

RoyGBiv wrote:IANAL... So.. this is just OPINION...

I believe you cannot carry past a 51% sign for any reason. Only the owner of the premises is allowed, plus any employees the owner allows. In your capacity as a supplier, you are not an employee, so, you cannot carry past the 51% sign and the owner cannot authorize you to do so.

Your employer can prohibit carry in many ways... Employee handbook, verbal communication, email, whatever... Your employer does not have to post a sign of any kind to prohibit employee carry while on the job. They just need to tell you it's not allowed. Although documenting it is a good idea, it's not required.

Your employer DOES have to post a sign if they want to prohibit a non-employee CHL-holder from carrying on their property.

Hmm. should have kept reading before my earlier post.

Read Steve Rothstein's post.

Personally, I don't think it matters if your company distributes booze or potato chips, but a call to the TABC would clarify it for you.

If the company decided to have you arrested for carrying, they would probably call the local PD and not the TABC. If the local LEO decided to arrest you, then the DA would decide if the language in the handbook met the legal requirements to charge you.