Page 1 of 1

Company leased vehicle and CHL

Posted: Mon Nov 16, 2015 10:11 am
by doncb
A CHL instructor told us something interesting in class that doesn't sound right.

My situation:
The company I work for leases a vehicle for me to use for my job. I am allowed personal use of the vehicle. The company charges me a portion if the lease value for its use.

Her comment:
The instructor told us that if I am stopped by the police while carrying, I "will" be arrested because the vehicle was leased by another party and is owned by a third party (the lease company). She told me that it is different than leasing the car myself, renting a car or borrowing a car from a friend.

Is that actually true? (She also maintains that the Ft. Worth Zoo is an educational facility so you can't carry there.)

In the class, I think she was trying to scare everyone with multiple, "You will be arrested and booked even if the shooting justified. It will cost you thousands of dollars no matter what. You are protected from civil suits, but you can be sued for other things (tort law) and they could end up with your retirement, house, etc. One guy got up and left the class after hearing these things.

How much of this is bull?

Re: Company leased vehicle and CHL

Posted: Mon Nov 16, 2015 10:20 am
by MeMelYup
What is company policy on firearms and how is it worded?

Re: Company leased vehicle and CHL

Posted: Mon Nov 16, 2015 10:42 am
by doncb
MeMelYup wrote:What is company policy on firearms and how is it worded?
Company policy wouldn't have anything to do with the police but it doesn't say anything specific about firearms.

Re: Company leased vehicle and CHL

Posted: Mon Nov 16, 2015 10:59 am
by Scott B.
The example is a simple traffic stop while driving a company leased vehicle and you're carrying with a CHL/LTC?

Law enforcement doesn't know your company policy or enforce it - what would this hypothetical arrest be for?

The rest sounds like an overwrought prelude to an insurance pitch.

Re: Company leased vehicle and CHL

Posted: Mon Nov 16, 2015 11:01 am
by c.edgington
I don't know how the police would know or get involved, but this is specifically talked about in the LC...

Texas Labor Code
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;

Re: Company leased vehicle and CHL

Posted: Mon Nov 16, 2015 11:09 am
by Charles L. Cotton
If you have a CHL, then it doesn't matter who owns or leases a motor vehicle. If you do not have a CHL, then the Motorist Protection Act allows you to have a handgun in "your" motor vehicle or one "under your control" so there would be no violation of TPC ยง46.02. Since your employer leases the car, they can have company policies that prohibit firearms in their cars, but that does not create a criminal offense.

Ft. Wort Zoo issue: No, it isn't an "educational institution," but I won't say that you are exempt from arrest.

Chas.

Re: Company leased vehicle and CHL

Posted: Mon Nov 16, 2015 11:10 am
by Abraham
doncb,

Scare tactics to sell you insurance?

Yes?

No?

If yes, did you bite?

Re: Company leased vehicle and CHL

Posted: Mon Nov 16, 2015 11:41 am
by doncb
Abraham wrote:doncb,

Scare tactics to sell you insurance?

Yes?

No?

If yes, did you bite?
Interestingly, there wasn't any insurance pitch which surprised me. Not even a rep there.
Scott B. wrote:The example is a simple traffic stop while driving a company leased vehicle and you're carrying with a CHL/LTC?

Law enforcement doesn't know your company policy or enforce it - what would this hypothetical arrest be for?

The rest sounds like an overwrought prelude to an insurance pitch.
Simple traffic stop. Her statement included that the officer will know you have a CHL / LTC before he gets out of his car because the license plate on the car is linked to your drivers license number....

Re: Company leased vehicle and CHL

Posted: Mon Nov 16, 2015 11:57 am
by roadkill
unless the car is licensed in the CHL holders name or address how will a LEO know? the correct is answer is they don't know.