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Re: Cities improperly posting 30.06 signs?

Posted: Mon Jan 09, 2017 12:40 pm
by sixer-sxt-3.7
Treybadd wrote:Is there any way somone could break it down for me to understand this better? I am trying to figure out where these illegal signs would be and where to go to find what the law says. Am I correct in my thinking that it applies to city or county buildings for example ? Thank you in advance!
The AG website has a place for submitting complaints, but 99% of the time (well, it seems like) - the gov. entity gets to weasel out because they're not the "responsible party" for posting the signs. This "fines for signs" thing only applies to the specific example where a gov. entity posts signage, and does not address the specific example where a sign is posted on government (owned or leased) property, regardless of who the "responsible party" is. There is a difference, and the gov. entities know it.

I forget the bill, but I think the "fines for signs" bill is in the new LTC guide from the DPS.

Re: Cities improperly posting 30.06 signs?

Posted: Mon Jan 09, 2017 8:40 pm
by Treybadd
Ok, I have a question about county property. I know a person who works at the Gregg county tax assessors office. This branch is on highway 80 in Longview. They have several county offices there like commissioners court and the vehicle registration office where this person works. There has been debate over guns in this parking lot. I am told they have a company policy banning weapons in their car? I am not sure if there are 30.06/07 signs. Can they legally prevent them (employees)from having a secured weapon in a personal vehicle in that parking lot? I can understand inside being off limits since there is a court in there but customers shoukd be able to have guns in vehicles for sure right?

Re: Cities improperly posting 30.06 signs?

Posted: Mon Jan 09, 2017 8:56 pm
by Flightmare
Treybadd wrote:Ok, I have a question about county property. I know a person who works at the Gregg county tax assessors office. This branch is on highway 80 in Longview. They have several county offices there like commissioners court and the vehicle registration office where this person works. There has been debate over guns in this parking lot. I am told they have a company policy banning weapons in their car? I am not sure if there are 30.06/07 signs. Can they legally prevent them (employees)from having a secured weapon in a personal vehicle in that parking lot? I can understand inside being off limits since there is a court in there but customers shoukd be able to have guns in vehicles for sure right?
SB 321 passed in 2011 prevents employers from prohibiting employees from storing their lawful firearms in their own personal vehicles. The employer CAN prohibit in company vehicles. There are exceptions to this, but I'm pretty sure that this would not qualify. IANAL

Re: Cities improperly posting 30.06 signs?

Posted: Tue Jan 10, 2017 12:28 pm
by Treybadd
Here is another scenario. In a parking lot that is inside the peremter fence at my job. What is the law on this? Does SB321 apply?

Re: Cities improperly posting 30.06 signs?

Posted: Tue Jan 10, 2017 12:40 pm
by Flightmare
Treybadd wrote:Here is another scenario. In a parking lot that is inside the peremter fence at my job. What is the law on this? Does SB321 apply?
http://www.legis.state.tx.us/tlodocs/82 ... 00321F.pdf

Unless it is one of the statutorily off limits locations defined in the bill, state law prohibits the employer from making your legal firearm off limits in your own vehicle.

Re: Cities improperly posting 30.06 signs?

Posted: Tue Jan 10, 2017 12:48 pm
by Treybadd
As I understand, chemical plants, refineries and places dealing with hazardous chemicals that has a restricted area and security are off limits. Thank you for the input.

Re: Cities improperly posting 30.06 signs?

Posted: Tue Jan 10, 2017 12:51 pm
by Flightmare
Treybadd wrote:As I understand, chemical plants, refineries and places dealing with hazardous chemicals that has a restricted area and security are off limits. Thank you for the input.
Happy to be of assistance. :tiphat: Stay safe!

Re: Cities improperly posting 30.06 signs?

Posted: Tue Jan 10, 2017 3:43 pm
by Treybadd
So if an employer chooses to terminate an employee over this, what can be done? I love my job and get paid well.

Re: Cities improperly posting 30.06 signs?

Posted: Wed Jan 11, 2017 11:18 am
by sixer-sxt-3.7
Treybadd wrote:So if an employer chooses to terminate an employee over this, what can be done? I love my job and get paid well.
Since Texas is a work-at-will state, you'd be lucky if they gave you a reason for termination. ;-) Seriously, you should be able to show them Texas Labor Code 52.061 and that should make them think twice - unless you're situation is exempt via LC 52.016(a) or (b).

Re: Cities improperly posting 30.06 signs?

Posted: Wed Jan 11, 2017 12:10 pm
by Treybadd
I still don't know their stance on this. I am going to just continue to fly under the radar. I bet 75% of the vehicles there have a gun too. I have never been told or read in any handbook I can't. It just says grounds for termination include handgun on premicise. I know Texas penal code's definition is building. It's hard to hold my tongue but I am going to.

Re: Cities improperly posting 30.06 signs?

Posted: Sat Jan 14, 2017 3:59 pm
by txyaloo
Treybadd wrote:Ok, I have a question about county property. I know a person who works at the Gregg county tax assessors office. This branch is on highway 80 in Longview. They have several county offices there like commissioners court and the vehicle registration office where this person works. There has been debate over guns in this parking lot. I am told they have a company policy banning weapons in their car? I am not sure if there are 30.06/07 signs. Can they legally prevent them (employees)from having a secured weapon in a personal vehicle in that parking lot? I can understand inside being off limits since there is a court in there but customers shoukd be able to have guns in vehicles for sure right?
I don't think the commissioner's court counts as an actual court. The commissioner's court in Texas is similar to a city council. The "court" runs the business of the county. They could prohibit carry during their meetings, but that wouldn't count as a court or offices utilized by a court.

Re: Cities improperly posting 30.06 signs?

Posted: Sun Jan 15, 2017 2:44 pm
by tbrown
Treybadd wrote:So if an employer chooses to terminate an employee over this, what can be done? I love my job and get paid well.
Are you employed by the city?

Re: Cities improperly posting 30.06 signs?

Posted: Sun Jan 15, 2017 8:48 pm
by Treybadd
No I am not.

Re: Cities improperly posting 30.06 signs?

Posted: Sun Jan 15, 2017 11:44 pm
by OldAg
Not a lawyer but am somewhat familiar with the questions you are asking.

Regarding the county annex; except during voting season, the only posted area is the JP's office and that is a court so it can be posted. While licensed persons can carry into the tax office, employees are subject to their employer's (the county) policy. However, I believe that the area in back where employees park would not be off limits to a weapon locked in their personal vehicle.

Another example that you referenced would be the chemical plants on the south side of the city. You could keep a weapon locked in your personal vehicle as long as it was outside of the security fence. If you were to drive into the plant with your weapon, not only could you be fired (as all the companies have it against their policies) but, you also could be arrested since the secured area of a chemical plant is spelled out as a prohibited area in the State statutes.

Hope this helps.

Re: Cities improperly posting 30.06 signs?

Posted: Mon Jan 16, 2017 7:03 am
by Glock4ever
OldAg wrote:Not a lawyer but am somewhat familiar with the questions you are asking.

Regarding the county annex; except during voting season, the only posted area is the JP's office and that is a court so it can be posted. While licensed persons can carry into the tax office, employees are subject to their employer's (the county) policy. However, I believe that the area in back where employees park would not be off limits to a weapon locked in their personal vehicle.

Another example that you referenced would be the chemical plants on the south side of the city. You could keep a weapon locked in your personal vehicle as long as it was outside of the security fence. If you were to drive into the plant with your weapon, not only could you be fired (as all the companies have it against their policies) but, you also could be arrested since the secured area of a chemical plant is spelled out as a prohibited area in the State statutes.

Hope this helps.
Can you please tell me the state statutes that deal with firearms and chemical plants?