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gated parking lot with 30.06 question #5132532 05/28/14 10:46 PM
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ijohnston Offline OP
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I work at a company that is secured by a fence all the way around the premises with security card entry. I noticed the 30.06 sign on the gate at the entrance. Would I be breaking the law if I entered the property with my weapon and left it in my car in a concealed location? I travel out of town all the time on hunting trips sometimes leaving straight from work. I want to be sure I am not breaking the law by doing this.

Re: gated parking lot with 30.06 question [Re: ijohnston] #5132725 05/29/14 12:33 AM
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Labor Code

Subch. G. RESTRICTIONS ON PROHIBITING EMPLOYEE TRANSPORTATION OR STORAGE OF CERTAIN FIREARMS OR AMMUNITION

 LC §52.061. RESTRICTION ON PROHIBITING EMPLOYEE ACCESS TO OR STORAGE OF FIREARM OR AMMUNITION.  A public or private employer may not prohibit an employee 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 from transporting or storing a firearm or ammunition the employee is authorized by law to possess in a locked, privately owned motor vehicle in a parking lot, parking garage, or other parking area the employer provides for employees.

What this simply means is an employer can’t restrict a CHL holder from having their handgun and ammunition locked and concealed in the employee’s vehicle in the company provided parking area.


Re: gated parking lot with 30.06 question [Re: ijohnston] #5132726 05/29/14 12:33 AM
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I would talk with the employer, as it is publicly displayed. My wifey works at a place like that and she was told absolutely not by the company.




Re: gated parking lot with 30.06 question [Re: ijohnston] #5133247 05/29/14 10:32 AM
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The company doesn't always know the law. I would talk to a lawyer if you are concerned.

Re: gated parking lot with 30.06 question [Re: stinkbelly] #5133263 05/29/14 11:09 AM
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Do you like your job? If so, it might be best to comply with the company's policy. If you make a stink over the precise letter of the law, you might win that little battle but ultimately lose the war...and your job.

An employer can always trump up a reason to give a mouthy employee the old heave-ho. I wouldn't rock the boat... just leave the pistol at home. If you MUST have a handgun on your deer lease, you could hide it in your truck on the days that you're leaving directly from work. You'd be taking a chance that you might get discovered, though. Only you can decide if it's worth the risk.


"For every complex problem there is an answer that is clear, simple.....and wrong." H. L. Mencken
Re: gated parking lot with 30.06 question [Re: ijohnston] #5133377 05/29/14 01:01 PM
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Nope they can't do it. Just keep it in the truck and shut up about it. The law is ok with it but they could fire you and then lose in court but who wants that?

Re: gated parking lot with 30.06 question [Re: ijohnston] #5133474 05/29/14 01:54 PM
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The company i work for has a sigh.I asked the V.P.if he knows the that sign cant stop a CHL holder from having a pistol he said yep. BUT you have never paid any attention to it any ways. I like my boss.


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Re: gated parking lot with 30.06 question [Re: ijohnston] #5133601 05/29/14 03:10 PM
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No one should know you have a gun in your car in the first place.

Re: gated parking lot with 30.06 question [Re: ijohnston] #5133846 05/29/14 05:38 PM
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Don't say anything. I think that State law probably trumps company policy.

Re: gated parking lot with 30.06 question [Re: Cast] #5134507 05/30/14 12:52 AM
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Originally Posted By: Cast
Nope they can't do it. Just keep it in the truck and shut up about it. The law is ok with it but they could fire you and then lose in court but who wants that?
This. The law is on your side but rocking the boat 'tisn't good for employment, especially in a right-to-work state.

Trust me, that 'aint the hill you want to die on.


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Re: gated parking lot with 30.06 question [Re: Opening Day] #5136532 05/31/14 04:11 AM
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Originally Posted By: Opening Day
Don't say anything. I think that State law probably trumps company policy.


State law may trump the company policy, but the employer doesn't have to furnish a reason when they fire an employee. They can easily use a made up BS reason to tell you to not come back.


Combat Infantryman, the ultimate hunter where the prey shoots back.
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Re: gated parking lot with 30.06 question [Re: ijohnston] #5136816 05/31/14 01:45 PM
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I have the same issue at the office. Just leave it in the truck and don't advertise it. My boss knows it's there and is cool with it.

Re: gated parking lot with 30.06 question [Re: Cast] #5137275 05/31/14 09:03 PM
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Originally Posted By: Cast
I have the same issue at the office. Just leave it in the truck and don't advertise it. My boss knows it's there and is cool with it.


That's sounds a bit like advertising it.


The very atmosphere of firearms anywhere and everywhere restrains evil interference. -George Washington
Re: gated parking lot with 30.06 question [Re: ijohnston] #5137300 05/31/14 09:34 PM
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YMMV

Re: gated parking lot with 30.06 question [Re: ijohnston] #5158970 06/16/14 08:51 PM
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My son works for AT&T. They have the same policy. His boss said if you get caught, they (AT&T) will find another reason to fire you.


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Re: gated parking lot with 30.06 question [Re: ijohnston] #5158985 06/16/14 08:59 PM
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Why would anyone know you have a gun in the truck?

Re: gated parking lot with 30.06 question [Re: Cast] #5159031 06/16/14 09:25 PM
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Originally Posted By: Cast
Nope they can't do it. Just keep it in the truck and shut up about it. The law is ok with it but they could fire you and then lose in court but who wants that?


Yep, that's what I tell the guys too. State law trumps any employer policy except for the exceptions written in the law (and the Employer Parking Lot Bill is not just for people with CHL's). BUT, you can get fired for anything including having that firearm on their property and then will have to go to court to prove that you were right. All of that takes time and $$. The choice is yours. If you are going to store a gun in your vehicle for god's sakes DO NOT tell your employer about it unless you want trouble. Most employers don't know the law anyway. Don't tell a soul.

Re: gated parking lot with 30.06 question [Re: 5 Stand Dan] #5362042 10/15/14 07:53 PM
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would this apply to a school parking lot as well? just curious


Originally Posted By: 5 Stand Dan
Labor Code

Subch. G. RESTRICTIONS ON PROHIBITING EMPLOYEE TRANSPORTATION OR STORAGE OF CERTAIN FIREARMS OR AMMUNITION

 LC §52.061. RESTRICTION ON PROHIBITING EMPLOYEE ACCESS TO OR STORAGE OF FIREARM OR AMMUNITION.  A public or private employer may not prohibit an employee 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 from transporting or storing a firearm or ammunition the employee is authorized by law to possess in a locked, privately owned motor vehicle in a parking lot, parking garage, or other parking area the employer provides for employees.

What this simply means is an employer can’t restrict a CHL holder from having their handgun and ammunition locked and concealed in the employee’s vehicle in the company provided parking area.

Re: gated parking lot with 30.06 question [Re: ijohnston] #5362297 10/15/14 10:01 PM
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Why would you tell anybody that you have your gun in your car or truck in the first place? just lock it in the trunk and keep quiet about it.


"I once shot an elephant in my pajamas. How he got into my pajamas I'll never know." - Groucho Marks
Re: gated parking lot with 30.06 question [Re: ijohnston] #5363472 10/16/14 03:12 PM
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My experience is that if you mess with the company- even if you have a right to have a firearm in the vehicle and you win the argument. They start piling up work on you that is impossible to complete and then you get fired and can't get another job because of your work history. I'd do what the company says and look for another job.

Re: gated parking lot with 30.06 question [Re: ijohnston] #5364164 10/16/14 09:55 PM
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The company can't make it illegal. They can fire you for violating company policy.

I've spent time and money discussing this with lawyers and many others about this.

Same for schools. District policy is not overriding state law, nor does state law override policy.

Plus, there are employers whose sheer location prohibit a firearm, say civilian employees at a military base or a prison.

Don't take my word or anyone elses, find a lawyer.

Re: gated parking lot with 30.06 question [Re: ijohnston] #5364991 10/17/14 11:44 AM
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Quite a few years ago, a Fort Worth company went through the parking lot with a dog. They found guns, dope, etc. people lost their jobs.

Just remember who signs the front of the check and who signs the back. Nuff said.


Without a sense of urgency, nothing ever happens.

Boy, if I say "sic em", you'd better look for something to bite. Sam Shelley, Rancher Muleshoe Texas 1892-1985 RIP
Re: gated parking lot with 30.06 question [Re: ijohnston] #5368910 10/20/14 01:13 AM
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By Texas law (as a result of Senate Bill 321, passed September 1, 2011 known as the "parking lot law"), no employer in the state of Texas can legally prohibit you from keeping guns in your PERSONAL, LOCKED vehicle. Period. They also cannot legally search your vehicle for guns either. If you remove your gun from your vehicle, or if you're in a company vehicle, they do have a right to enforce their "no guns" policy against you. In essence, this new law considers your private vehicle as an extension of your home. If they post a 30.06 sign at the entrance to their property, the 30.06 sign applies to the property OUTSIDE of your vehicle. One of the Texas Law Shield attorneys confirmed this at a Texas gun laws seminar I attended a month ago.

All that being said, as stated earlier, you're foolish if you tell people you have guns in your car. Even though they cannot legally fire or otherwise discipline you for having a gun in your car, you may be subjected to increased scrutiny or they might come up with some other reason to fire you.


Ted
Re: gated parking lot with 30.06 question [Re: ijohnston] #5375751 10/23/14 04:46 PM
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You spend more time at work and on the road to and from than you do anywhere else in your lifetime...Are you going to let an unlawful sign tell you tough crap? Afraid to spend money you may or may not have if you lose your job..if???? If your dead or maimed in a horrible way....others can spend that money your worrying over since you'll not be able to... I'm sure. I worked for a company that had same type of sign for 11 years...I never regarded or respected it.I wasn't going to run the risk where all I had to defend myself was receipt for direct deposit/pay stub! All my staff knew I was hunter and such.No one challenged the obvious. In fact helped 3 of them select/decide on firearm purchases and took them to the range! Where the hell ya'll working at or for?


The way things should be are not often the way things are.....
Re: gated parking lot with 30.06 question [Re: ijohnston] #5379142 10/25/14 04:45 PM
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I think the right way to handle this one would be to get your state rep and state senator to get legislation passed that a person's car is there "home" and it is illegal for any business, etc. to take note of what is or isn't in an employee's vehicle. In other words, let's say you go work for a company that prohibits you having a firearm in your vehicle. Company policy. You anonymously notify the State Attorney General who in turn takes legal action against the company and you are completely out of it- no retribution against you. That's the better way to handle it.
If some of this nonsense keeps growing employers are going to start checking what political party you belong to or if you are buying a hunting license- none of their business. It ought to stop. I've had three different businesses in my lifetime with hired employees and I never once thought I had any business about their affairs beyond what the work required. I should not be considered "Superior" to those I hire. They give up their time and I give up money to pay them for their work. It ought to be an arm's length situation. I'm sick of how employees are being treated. Can you imagine on a job interview you are asked to take a urine test and you say, Well, okay, but I myself am a little concerned about YOUR outfit and if I'll get paid so I'll do the urine test as long as I can get a copy of the Company President's urine test to make sure I'm not about to go to work for some drug addict"
The 4th Amendment should not simply apply to only Governmental search and seizures. You have a right to be secure in your person and effects.

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