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This might be a new one: Employer knows I carry, but has just put up 30.06 sign explaining that his partners want the sign up. I asked him about it and he says don't worry, just keep doing what you're doing but keep it concealed. Would I be covered under being allowed to carry on property under my control? I doubt my boss would throw me under the bus if I had to use it. Your thoughts?

Get that in writing if possible. Cover your six.

Beiruty wrote:Get that in writing if possible. Cover your six.

Yep, I worked previously at a place that was 30.06. Got written permission that it was okay for me, and kept it in my wallet. According to my understanding of the law, that is sufficient.

Beiruty wrote:Get that in writing if possible. Cover your six.

I agree totally. Without it, your employer can deny ever saying what the told you, and you are out on a very thin limb, if anything were ever to happen, or it became known to the other owners.

jonathan1173 wrote:Would I be covered under being allowed to carry on property under my control? I doubt my boss would throw me under the bus if I had to use it.

As others have said, get it in writing.

Secondly, your boss is giving you effective consent.

Texas Penal Code 30.06 starts like this:

(a) A license holder commits an offense if the license holder:
(1) carries a handgun under the authority of Subchapter H, Chapter 411, Government Code, on property of another without effective consent; and ...

Bolded for emphasis.

So even though a sign was posted, the sign does not apply to you because you have been given effective consent. Or at least you'll have effective consent when you have it in writing, because what good is effective consent if you can't prove it?

Disclaimer: I'm not a lawyer, this is simply my interpretation.

I would not carry there, even with a permission.
You CC carry beyond '06 sign, you are breaking the law.
And if there was a situation where you had to deploy your weapon, right/wrong/indifferent, defense would be a steep uphill battle.

Beiruty wrote:Get that in writing if possible. Cover your six.

I would print something like:

"jonathan1173 is authorized to carry a concealed handgun, in accordance with state law, on XYZ Company Property."

If possible, put it on the back of one of his business cards and have him sign it. Then laminate that sucker and put it in your wallet.

Isn't Effective consent giving someone permission to act on someone's behalf, whereas Actual consent applies to a written contractual agreement?

Pardon me if I'm off, I'm not a lawyer.

parabelum wrote:I would not carry there, even with a permission.
You CC carry beyond '06 sign, you are breaking the law.
And if there was a situation where you had to deploy your weapon, right/wrong/indifferent, defense would be a steep uphill battle.

No, if you have effective consent you are not breaking the law. It's right there in the statute.

ScottDLS wrote:

parabelum wrote:I would not carry there, even with a permission.
You CC carry beyond '06 sign, you are breaking the law.
And if there was a situation where you had to deploy your weapon, right/wrong/indifferent, defense would be a steep uphill battle.

No, if you have effective consent you are not breaking the law. It's right there in the statute.

10-4.

I thought that there was a difference between actual and effective consent, where written permission applies to actual consent and would not be in alignment with the language in the statue.

I could be off here, and probably am. The actual vs effective threw me off.

I work in a place where there are 30.06 and 30.07 signs posted. I CC every day. BUT, I have written consent to cover myself if there were ever a problem. I keep a copy on me, and another one at home just in case. If your boss really doesn't mind, he should understand that you need this written consent for your own protection. If the partners you mentioned won't let him do that, you are putting yourself into a potentially sticky situation.

Consider this possibility. There is a workplace shooting at your job and you use your weapon to stop the perp, but only after he/she shoots and kills your boss. Without written consent, how do you prove your boss gave his consent?

dhoobler wrote:Consider this possibility. There is a workplace shooting at your job and you use your weapon to stop the perp, but only after he/she shoots and kills your boss. Without written consent, how do you prove your boss gave his consent?

I agree with the others on getting written approval, not just verbal. However, If this scenario happens the class C misdemeanor would be the least of your concerns as you will be dealing with a lot more than a fine if you couldn't prove you had approval.

dhoobler wrote:Consider this possibility. There is a workplace shooting at your job and you use your weapon to stop the perp, but only after he/she shoots and kills your boss. Without written consent, how do you prove your boss gave his consent?

In that case, the least of your worries is going to be beating the $200 ticket for carrying without effective consent... But, you will want to make the case so that you keep your presumption of justification under 9.31/9.32... Assuming you're being prosecuted for shooting the perp...that is.

If he knows you carry and does not complain you have effective consent.

You have one better...you have his CONSENT!

And I'd get that in writing or in front of a witness.

Tex