Workplace restricted carry for non-employees

[BigBlueDodge]

I am in the consulting profession, which means I do not go to work at the same physical building day after day, year after year. My company sends me all over the place to do work for our clients, which range from 2 week small jobs, to 2+ year jobs. My company does not have a policy for hanguns.

Most of the companies I visit do not post 30.06 signs. We know that a company can also provide written communication to it's employee's (such as an employee handbook) indicating handguns are banned from the workplace, or workplace parking lots. My question is the legality of me carrying in those establishments. If a company has not posted a 30.06, but has provided written notification to it's employees via a policy in the employee handbook restricting firearms, am I allowed to carry? I am not one of their employees, and they have not provided me with their employee handbook? Am I considered obligated to obey their employee rules, although I am not their employee? Or am I held to my employers rules?

One company I regularly visit is NOT posted with 30.06 signs. I don't have an employee manual to see if they have a policy about guns. Currently I do not carry when I'm visiting there, because I would rather stay on the safe side. However, I fear that I if I start asking them if they have gun policies, it will make them nervous and ask my employer to replace me. They are a very liberal work environment, and I think me asking alot of questions about guns might jeopardize the relationship I've built with them.

[srothstein]

Well, lets look at this realistically. If the location is not posted, you cannot be charged under any circumstances, employee or visitor or contractor. If the employees are forbidden by the terms of their handbook, all that can happen is they get fired. This assumes the handbook does not meet the 30.06 wording. If it does meet the 30.06 wording, the employee can be charged.

If they do not give you a handbook, and do not tell you anything orally, you have not received notice. This means you can carry legally. If you are caught, all they can do is ask you to leave and ask your boss for a replacement for you. What happens to you and your employment then is solely between you and your boss. Some would fire you for making the company "look bad". Others would say they did not need that customer anyway. Your relationship is probably the best guide.

[BigBlueDodge]

Thanks for the input. Due to the nature of my job, I do visit many different places over the course of the year and do try and make sure I am keeping myself legal. What makes this one particular company complicated is that the building where they are officed, also has residential townhouses, and thus I doubt very seriously they could post a 30.06 to prevent people from entering a building where they live. Therefore, they only way they could prohibit guns would be to post on their specific doors, which they have many, or post in their employee handbook.

So let me ask a basic question. Is it the responsibility of the company to make their rules known to employees, contractors, visitors, or is my responsibility to go find their rules out. Meaning, if I am carrying a gun and am identified by someone in the office, can the that company say that it has a no guns policy and it was my duty to find that out. Or can my defense be, that it was the company's responsibility to notify me that handguns were prohibited from their workplace, through written notice (by providing me a company handbook).

[bauerdj]

As I read this you are not an employee of this company. If they somehow found out you were carrying (and I won't go into how that would happen) they could then give you verbal notice and you would have to leave. Of course, they can also notify your company that they object to you carrying on their premisis and your company could take what action they feel necessary, including termination of your employment. The key, as applicable to your continued employment, would seem to be your companies attitude towards you carrying while representing them.

[NcongruNt]

Thanks for the input. Due to the nature of my job, I do visit many different places over the course of the year and do try and make sure I am keeping myself legal. What makes this one particular company complicated is that the building where they are officed, also has residential townhouses, and thus I doubt very seriously they could post a 30.06 to prevent people from entering a building where they live. Therefore, they only way they could prohibit guns would be to post on their specific doors, which they have many, or post in their employee handbook.

So let me ask a basic question. Is it the responsibility of the company to make their rules known to employees, contractors, visitors, or is my responsibility to go find their rules out. Meaning, if I am carrying a gun and am identified by someone in the office, can the that company say that it has a no guns policy and it was my duty to find that out. Or can my defense be, that it was the company's responsibility to notify me that handguns were prohibited from their workplace, through written notice (by providing me a company handbook).

As I understand your question, you want to know if you are in obligation to find out if they have some sort of anti-gun policy. In my opinion, you are not. For notice to be effective, they are required to give it to you. Many here were hired at their current job before they got their CHLs, and signed agreements and were given their company policies to review. As they were not in the know about 30.06 at the time, they needed to go back and review whether they were given notice in their manuals (or remember if they were given verbal notice by their superiors). For your situation, my opinion is that you are under no obligation to look for notice that was never given to you. They can post signs at their doors, and you must obey those, as well as any verbal notification or written 30.06 notice you are given. Unless they specifically give you something to read with 30.06 wording or specifically tell you that weapons are not allowed, I would not go looking for a reason not to carry.

As others have stated, what happens if somehow you are found out is between you and your employer, and the weight of the opinion of the client is up to your employer. I would keep it concealed and carry unless given reason not to, but the decision is yours to make. Legally, I do not believe you are under any obligation to search out the policies of clients.

[boomerang]

The law says what they have to do to give 30.06 notice.

The bigger question is what your employer will do if you're caught violating a client's policy, whether that policy is no smoking, no guns, or no long hair. Consider the consequences and the chance of getting caught carrying compared to the chance of being a crime victim and the consequences of being unarmed. Only you can decide what risk is more tolerable to you.

[brianko]

Why ask? If you carry concealed (and I'm assuming you do), no one will be the wiser. Just carry on with your business as usual.

[BigBlueDodge]

Why ask? If you carry concealed (and I'm assuming you do), no one will be the wiser. Just carry on with your business as usual.

No offense, but that response doesn't make much sense. It essentially says that you are only breaking laws if you get caught. If you don't get caught then no one else is none the wiser. Let me ask you this... "If I properly carry concealed, why do I even need my CHL. I mean, no one would know I had a handgun, so if they don't know, then I'm not violating any laws, and thus I'm okay".

I asked because I want to be responsible on my part. I don't want to break any laws and hope that I don't get caught.


Btw, noticed that was your first post. Welcome to the forum.

[Mike1951]

There was nothing in your original post that would preclude you from carrying legally.

Whether you think you might be discovered and jeopardize your working relationship is up to you.

[Kythas]

I'm in pretty much the same situation as you, as a consultant I travel to different customer sites, but my job takes me outside of Texas.

Many consulting companies state you should abide by the employee rules at the site you're visiting. If your company has no such rule, or the consulting contract with the client company doesn't state that contractors must abide by employee rules, then as long as the customer has no 30.06 posting you're golden.

Basically, if your company has no prohibitions on it (mine doesn't either) it depends on the contract with each individual client as to whether or not you're obligated to follow their rules while on site. I'd say if you're not handed an employee handbook when you arrive, and there's no 30.06, you're ok.

I just got back from Virginia doing a week long consulting job there. The customer was a DoD facility and, strangely, I had to surrender my cell phone upon entering (as it has a camera built in) but not my gun. Well, they never asked about a gun and I never offered the information.

[brianko]

Why ask? If you carry concealed (and I'm assuming you do), no one will be the wiser. Just carry on with your business as usual.

No offense, but that response doesn't make much sense. It essentially says that you are only breaking laws if you get caught. If you don't get caught then no one else is none the wiser. Let me ask you this... "If I properly carry concealed, why do I even need my CHL. I mean, no one would know I had a handgun, so if they don't know, then I'm not violating any laws, and thus I'm okay".

From what I read in your initial post, you've already ascertained that carrying at your client's worksite is legal. So the question isn't whether or not you're breaking the law (and I certainly am not going to advocate doing so). The question was whether or not it's your responsibility to query every client as to what they're specific HR policies are regarding firearms.

So I offer my advice in that context. I do consulting work as well (although as an independent, I don't have to answer to anyone), and I don't ever give it a second thought: If I'm legal to carry, I'll do so. I don't go out of my way to ask every client if I can carry a firearm at their site.

[jmorris]

I just got back from Virginia doing a week long consulting job there. The customer was a DoD facility and, strangely, I had to surrender my cell phone upon entering (as it has a camera built in) but not my gun. Well, they never asked about a gun and I never offered the information.

I'd say you're the second luckiest man I've ever heard of. I worked for a few months here in a facility such as you decscribe and we had to ask visitor's to leave cell phones, PDAs, any type of recording device at the entrance. We would never have thought about asking if anyone was carrying because we're a FEDERAL facility so of course they wouldn't be carrying. Unless SP or OSI. Can't say exactly what the protocol is if we'd found out someone was carrying but, knowing a couple of those guys, I bet they'd hit the alarm.

Some years ago (pre-9/11 even), back when we were still a real live Air Force Base, I was leaving one day and when I got to the gate and it was barred. Usually this was because the alarm at one of the banks or the BX had gone off. Later I found out it was because someone had reported seeing someone with a gun. There was also an extra SP. Never heard the resolution.