TexasCHLforum.com

apostate wrote:

OldSchool wrote:Is it correct that this does not force colleges to allow employees to have firearms in the parking lot? If so, why? (I was hoping for at least some relief at one of my jobs....)

I don't see that in the text. There's an exemption in the Senate version for prekindergarten through grade 12 schools, but not for universities.
http://www.capitol.state.tx.us/tlodocs/ ... 00321E.pdf" onclick="window.open(this.href);return false;

However, the bill only protects employees. It does not seem to limit a company's ability, through policy or trespass notice, to prohibit guns in cars owned/driven by contractors, sub-contractors, consultants, customers, etc.

(B)AAa school district;
(C)AAan open-enrollment charter school, as
defined by Section 5.001, Education Code;
(D)AAa private school, as defined by Section
22.081, Education Code; or

Keith B wrote:

thr_wedge wrote:Please move if this belongs in another place. What is to stop an employer from posting 30.06 signs at the parking lot? Then CHLs would be prohibited by state law (which the SB 321 says is an exception to the new law) and since a CHL is required to have the firearm under SB 321 as part of the new law, you can't claim that you are carrying under the motorist protection act.

CHL is only required if you are in the Gas/Oil industry. And, the way the bill is written, if you are an employee and they have a 30.06 sign on the property, it does not apply to you for the parking lot.

Thanks Keith. So the bill gives express permission for the parking lot. I still don't see how it doesn't apply to a non-CHL holder, but perhaps I am not understanding how the sentence is structured.

thr_wedge wrote:

CHL is only required if you are in the Gas/Oil industry. And, the way the bill is written, if you are an employee and they have a 30.06 sign on the property, it does not apply to you for the parking lot.

Thanks Keith. So the bill gives express permission for the parking lot. I still don't see how it doesn't apply to a non-CHL holder, but perhaps I am not understanding how the sentence is structured.

As Kieth said, and in another way, no sign, even 30.06, will be valid for parking lots (as defined in the bill).

A CHL is only required for employees of petro-chemical companies and can only have a handgun in your vehicle. Non-CHL holders can still be prohibited and no one can have a long gun in their vehicle. That's petro-chemical companies only.

Charles explained what he calls the Farmer Brown and how that applies to employees who work on or service facilities on O&G leases.

JKTex wrote:As Kieth said, and in another way, no sign, even 30.06, will be valid for parking lots (as defined in the bill).

As I read the bill, it seems a 30.06 sign in a parking lot would not apply to employees, but would be 30.06 notice for contractors, sub-contractors, consultants, customers, etc. I would love to be mistaken about that, but that's how I read Senate Bill 321.

Bulldog1911 wrote:

apostate wrote:

OldSchool wrote:Is it correct that this does not force colleges to allow employees to have firearms in the parking lot? If so, why? (I was hoping for at least some relief at one of my jobs....)

I don't see that in the text. There's an exemption in the Senate version for prekindergarten through grade 12 schools, but not for universities.
http://www.capitol.state.tx.us/tlodocs/ ... 00321E.pdf" onclick="window.open(this.href);return false;

However, the bill only protects employees. It does not seem to limit a company's ability, through policy or trespass notice, to prohibit guns in cars owned/driven by contractors, sub-contractors, consultants, customers, etc.

(B)AAa school district;
(C)AAan open-enrollment charter school, as
defined by Section 5.001, Education Code;
(D)AAa private school, as defined by Section
22.081, Education Code; or

??? I guess these are the exceptions, where prohibition may apply. Isn't every public school in a school district around here?

OldSchool wrote:

Bulldog1911 wrote:

apostate wrote:

OldSchool wrote:Is it correct that this does not force colleges to allow employees to have firearms in the parking lot? If so, why? (I was hoping for at least some relief at one of my jobs....)

I don't see that in the text. There's an exemption in the Senate version for prekindergarten through grade 12 schools, but not for universities.
http://www.capitol.state.tx.us/tlodocs/ ... 00321E.pdf" onclick="window.open(this.href);return false;

However, the bill only protects employees. It does not seem to limit a company's ability, through policy or trespass notice, to prohibit guns in cars owned/driven by contractors, sub-contractors, consultants, customers, etc.

(B)AAa school district;
(C)AAan open-enrollment charter school, as
defined by Section 5.001, Education Code;
(D)AAa private school, as defined by Section
22.081, Education Code; or

??? I guess these are the exceptions, where prohibition may apply. Isn't every public school in a school district around here?

I thought you were asking about universities. Those are treated like any other employer. This bill, like campus carry, doesn't change anything for private or public K-12 AFAICT

apostate wrote:I thought you were asking about universities. Those are treated like any other employer. This bill, like campus carry, doesn't change anything for private or public K-12 AFAICT

I see what you mean, I guess universities don't have districts as such. I gather that "district" for local colleges is different than "district" for K-12. Learning all the time....

So I might get something small out of this session after all.... :prayer icon:

apostate wrote:

JKTex wrote:As Kieth said, and in another way, no sign, even 30.06, will be valid for parking lots (as defined in the bill).

As I read the bill, it seems a 30.06 sign in a parking lot would not apply to employees, but would be 30.06 notice for contractors, sub-contractors, consultants, customers, etc. I would love to be mistaken about that, but that's how I read Senate Bill 321.

While it might have to be argued, if you are a contractor, consultant, etc and being paid by the business to do work, then by definition you are an employee. Customers would still be prohibited from having a gun in the parking lot.

Keith B wrote:

apostate wrote:

JKTex wrote:As Kieth said, and in another way, no sign, even 30.06, will be valid for parking lots (as defined in the bill).

As I read the bill, it seems a 30.06 sign in a parking lot would not apply to employees, but would be 30.06 notice for contractors, sub-contractors, consultants, customers, etc. I would love to be mistaken about that, but that's how I read Senate Bill 321.

While it might have to be argued, if you are a contractor, consultant, etc and being paid by the business to do work, then by definition you are an employee. Customers would still be prohibited from having a gun in the parking lot.

You should check out Black's Law Dictionary instead. I don't know if Texas employment law, but the federal government also has a definition for employee that's much closer to Black's than to the dictionary.reference.com definition.

It may have been discussed earlier in the thread but I'm having a hard time seeing where it says that this law will apply to non-chl holders.

. 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

I see where it says that this applies to CHL holders specifically but not to non chl holders. Am I interpreting something wrong?

Mike from Texas wrote:It may have been discussed earlier in the thread but I'm having a hard time seeing where it says that this law will apply to non-chl holders.

. 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

I see where it says that this applies to CHL holders specifically but not to non chl holders. Am I interpreting something wrong?

IANAL - I interpret that it covers 3 catagories:

1. A Person who has a CHL
or
2. A Person who otherwise lawfully posseses a firearm (MPA)
or
3. A Person who lawfully posseses ammunition.

Mike from Texas wrote:It may have been discussed earlier in the thread but I'm having a hard time seeing where it says that this law will apply to non-chl holders.

. 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

I see where it says that this applies to CHL holders specifically but not to non chl holders. Am I interpreting something wrong?

You quoted the whole thing, so you see it, but you don't see it.

...(1)who holds a license to carry a concealed handgun under Subchapter H, Chapter 411, (2) who otherwise lawfully possesses a firearm, or (3) who lawfully possesses ammunition.

The only place a CHL come into play is petro-chemical plants. There, you must have a CHL and the firearm can only be a handgun. No long guns by anyone and no firearm or ammo of any kind for non-CHL holders.

JKTex wrote:

Mike from Texas wrote:It may have been discussed earlier in the thread but I'm having a hard time seeing where it says that this law will apply to non-chl holders.

. 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

I see where it says that this applies to CHL holders specifically but not to non chl holders. Am I interpreting something wrong?

You quoted the whole thing, so you see it, but you don't see it.

...(1)who holds a license to carry a concealed handgun under Subchapter H, Chapter 411, (2) who otherwise lawfully possesses a firearm, or (3) who lawfully possesses ammunition.

The only place a CHL come into play is petro-chemical plants. There, you must have a CHL and the firearm can only be a handgun. No long guns by anyone and no firearm or ammo of any kind for non-CHL holders.

Would you please explain more. I have a CHL and drive a company truck (tanker).
Thank you Sir. I wrote this after reading the bill any comments are appreciated.
viewtopic.php?f=94&t=44858" onclick="window.open(this.href);return false;

I thought the bill only applied to CHL's. Did not catch the MPA part of the bill....

2up1down wrote:Would you please explain more. I have a CHL and drive a company truck (tanker).
Thank you Sir. I wrote this after reading the bill any comments are appreciated.
viewtopic.php?f=94&t=44858" onclick="window.open(this.href);return false;

If you drive a company owned vehicle, the company can still prohibit you from carrying and this bill does nothing for you. Doesn't matter what type of vehicle it is (car, truck, tractor-trailer, or a tank.) This only applies to personal vehicles in company parking lots.

Now, if your company DOES let you carry, you still have to follow the rules on property of others per the 30.06 or, if you deliver/pick up to/from a petro-chemical plant, then you would have to follow their guidelines or the law as it applies if you are an actual employee or not.