SB321: Employer parking lots

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sjfcontrol
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Re: SB321: Employer parking lots

Post by sjfcontrol » Mon Jun 27, 2011 4:55 pm

The Annoyed Man wrote:
RandyM wrote:I have been informed by people who have asked the security department at the Shell Deer Park facility, that they will not allow guns in their parking lots for any reason.
Who would I need to contact to see they honor the law, TSRA?

Come September 1st, it won't matter what they say, they won't be able to fire you for having a gun secured in your car, as long as your car is parked in a lot that meets the definitions in the law. Now, they may fire you for some other stated reason, but they had better be able to prove that reason. The truth is that, as long as you are parking in the kind of lot provided for in the law, come September 1st they aren't going to be able to search your car looking for guns.


Does that prevent them from searching your car for other items (drugs?), and discovering the firearm that way?
Actually, it MAY turn into an advantage for the employee to have his firearm discovered in his car, since after that they could NOT fire you no matter how much of a screw-up you are, without getting hauled into court to prove they didn't fire you because of the firearm! :evil2:
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carpeneb
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Re: SB321: Employer parking lots

Post by carpeneb » Mon Sep 26, 2011 4:57 pm

I work at a chemical plant where the employee's parking lot is gated and you must have a badge to get in. It is also equiped with security cameras. To gain access to the actual plant area from the parking lot you still have to go through a badge activated turnstile. As a CHL holder can I have a firearm in my locked vehicle in this parking lot?
I have been reading the forums and haven't seen an answer to this one.

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Re: SB321: Employer parking lots

Post by C-dub » Mon Sep 26, 2011 7:22 pm

carpeneb wrote:I work at a chemical plant where the employee's parking lot is gated and you must have a badge to get in. It is also equiped with security cameras. To gain access to the actual plant area from the parking lot you still have to go through a badge activated turnstile. As a CHL holder can I have a firearm in my locked vehicle in this parking lot?
I have been reading the forums and haven't seen an answer to this one.

The parking lot they can prevent you from keeping your weapon in must also contain the physical plant. If they are two separate areas then the answer is no. Is there one larger fenced area that surrounds both the parking lot and the actual plant? That probably meets the requirements.
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carpeneb
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Re: SB321: Employer parking lots

Post by carpeneb » Mon Sep 26, 2011 7:44 pm

Yes. There is a larger fence that surrounds both the parking lot and the plant.
You have to badge into the parking lot, then badge through an employee turnstile to gain access to the plant proper.

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C-dub
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Re: SB321: Employer parking lots

Post by C-dub » Mon Sep 26, 2011 7:49 pm

carpeneb wrote:Yes. There is a larger fence that surrounds both the parking lot and the plant.
You have to badge into the parking lot, then badge through an employee turnstile to gain access to the plant proper.

Sorry, but I think they've got it covered. Maybe that could get fixed in one or two sessions along with school district employees, campus carry, and cleaning up someone the parking lot loopholes that will probably pop up.
I am not and have never been a LEO. My avatar is in honor of my friend, Dallas Police Sargent Michael Smith, who was murdered along with four other officers in Dallas on 7.7.2016.

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Re: SB321: Employer parking lots

Post by baldeagle » Mon Sep 26, 2011 8:00 pm

carpeneb wrote:Yes. There is a larger fence that surrounds both the parking lot and the plant.
You have to badge into the parking lot, then badge through an employee turnstile to gain access to the plant proper.

Unless I'm reading it wrong, SB 321 as enrolled would not allow you to carry into the parking lot.
SUBCHAPTER G. RESTRICTIONS ON PROHIBITING EMPLOYEE
TRANSPORTATION OR STORAGE OF CERTAIN FIREARMS OR AMMUNITION
Sec. 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.
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;
(B) a school district;
(C) an open-enrollment charter school, as
defined by Section 5.001, Education Code;
(D) a private school, as defined by Section
22.081, Education Code;
(E) property owned or controlled by a person,
other than the employer, that is subject to a valid, unexpired oil,
gas, or other mineral lease that contains a provision prohibiting
the possession of firearms on the property; or
(F) property owned or leased by a chemical
manufacturer or oil and gas refiner with an air authorization under
Chapter 382, Health and Safety Code, and on which the primary
business conducted is the manufacture, use, storage, or
transportation of hazardous, combustible, or explosive materials,
except in regard to an employee who holds a license to carry a
concealed handgun under Subchapter H, Chapter 411, Government Code,
and who stores 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 that is outside of a secured and restricted
area:
(i) that contains the physical plant;
(ii) that is not open to the public; and
(iii) the ingress into which is constantly
monitored by security personnel.
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carpeneb
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Re: SB321: Employer parking lots

Post by carpeneb » Mon Sep 26, 2011 8:09 pm

Oh well, I guess I will just have to be a little more patient.
Thanks for the clarification.

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Re: SB321: Employer parking lots

Post by baldeagle » Mon Sep 26, 2011 8:21 pm

carpeneb wrote:Oh well, I guess I will just have to be a little more patient.
Thanks for the clarification.

Don't give up yet. Does your employer have "an air authorization under Chapter 382, Health and Safety Code" and, if they do, is "the primary
business conducted" at your site "the manufacture, use, storage, or transportation of hazardous, combustible, or explosive materials,"? If they fail either of those checks, you can lock your firearm and ammunition in your parked car.
The Constitution preserves the advantage of being armed which Americans possess over the people of almost every other nation where the governments are afraid to trust the people with arms. James Madison
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Re: SB321: Employer parking lots

Post by Carry-a-Kimber » Sun Oct 16, 2011 4:15 pm

baldeagle wrote:
carpeneb wrote:Oh well, I guess I will just have to be a little more patient.
Thanks for the clarification.

Don't give up yet. Does your employer have "an air authorization under Chapter 382, Health and Safety Code" and, if they do, is "the primary
business conducted" at your site "the manufacture, use, storage, or transportation of hazardous, combustible, or explosive materials,"? If they fail either of those checks, you can lock your firearm and ammunition in your parked car.

Unfortunately for me.....yes. :totap:

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Re: SB321: Employer parking lots

Post by C-dub » Sun Oct 16, 2011 4:21 pm

My company has yet to change their policy and I'm worried that they may try to claim they do not have to since we manufacture, store, and transport hazardous materials. However, our parking lot does not meet the requirements to prohibit and our hazardous material is biologically hazardous, not chemically or explosive. I do not think we have or even require an Air Authorization.
I am not and have never been a LEO. My avatar is in honor of my friend, Dallas Police Sargent Michael Smith, who was murdered along with four other officers in Dallas on 7.7.2016.

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boba
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Re: SB321: Employer parking lots

Post by boba » Sun Oct 16, 2011 5:19 pm

If the policy violates the parking lot law, you can sue if they fire you for having a gun in your locked vehicle, but what's the chance they will search your vehicle, find the gun, and fire you?
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Carry-a-Kimber
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Re: SB321: Employer parking lots

Post by Carry-a-Kimber » Sun Oct 16, 2011 7:20 pm

We have a guarded gate at the intrance and vehicles are selected at random for search. :???:

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