Questions about TDCJ policy regarding CCW by employees

[barres]

To begin with, a warning: This will be a long post. You have been warned.

Technically, I am not an employee of TDCJ, but, as an employee of the Windham School District (the Texas penal school system), I might as well be. This means that I am bound by TDCJ policy and procedures while I am doing my job. As such, I have a few questions about TDCJ policy regarding CCW.

For those not familiar with TDCJ policy, it is spelled out (at least the portion that concerns weapons) in the Texas Administrative Code, Title 37, Chapter 6, Section 151, Rule §151.21, which can be found here.

Since Rule §151.21 is long, I will only quote the particular sections that I have questions about.

* First question (in three parts):

From (a)(1)
a person who is otherwise authorized to carry a deadly weapon shall unload and secure the weapon(s) in the locked trunk of a vehicle, or a locked compartment of a vehicle if the vehicle does not have a trunk, immediately upon parking or while stopped at the first security checkpoint, whichever occurs first.

Does this mean that, since my vehicle has a trunk, I have no alternative than to secure my handgun in said trunk? Is the lockable glovebox off-limits to me? What if I have a mounted (secure) lockbox in the passenger compartment?

* Second question from the above quoted segment:
Would I be intentionally failing to conceal my weapon as I exit my vehicle to secure my handgun in the trunk?

* Third question:

From (a)(3)
(3) Except as provided in subsection (c) of this section an employee of TDCJ is prohibited from carrying a firearm in a state-owned vehicle, or on his person, or in his personal vehicle while on duty. An employee who is licensed to carry a handgun under Subchapter H, Chapter 411, Government Code is subject to the statutes described in subsection (a)(2) of this section and:

(A) is prohibited from carrying the handgun in a state-owned vehicle, or on his person or in his personal vehicle while on duty;emphasis mine

I intend to write a letter to the Texas Board of Criminal Justice, and my State Senator and Representative about this to get this changed, but, if I were murdered while travelling on State business, my wife has been instructed to sue the State, TDCJ, and Windham for wrongful death because I was left unable to defend myself; what would be the proper suit to bring if I were only injured by someone in a situation where I would be legally able to use my concealed weapon (ie: I get lucky and survive, even without appropriate protection)?

* Fourth question:

From (a)(3)(C)
(C) shall ensure that the gun is secured in the locked trunk of a personal vehicle, or a locked compartment if the vehicle does not have a trunk, before exiting the vehicle to enter any TDCJ office space. emphasis again mine

How can I secure my handgun in the trunk before exiting the vehicle, since I must exit the vehicle to access the trunk?

* Fifth (and final) question (you were warned that this would be long):
Normally violation of a company policy would get you fired, but not criminally prosecuted (excepting a policy banning CCW was PC §30.06 compliant). Since the policy governing TDCJ (especially as pertaining to weapons) is a portion of the Texas Administrative Code, what weight of law do these policies have? In other words, could I be arrested for violating part of this policy, and, if so, with what would I be charged?

Thank you for any answers/advice in these matters in advance. One would think that, with the clarification of the travelling law, and the reason there is a travelling law to begin with, TDCJ/the State of Texas would allow their employees the ability to protect themselves at least on overnight travels, but, then again, who ever accused the State of being run by people who think?

[jbirds1210]

I worked at two different facilities within TDCJ. While working on the Coffield unit near Palestine, we were equipped with a box near the front gate in which we could secure our firearm and keep the key. The tower picket kept our CHL while on duty to show who was using the box. The boxes were placed at the unit when the question was brought up about personal safety and the possibility of TDCJ getting sued for not allowing us to carry our guns. This was 8-10 years ago....things might have changed.

I worked at the TDCJ hospital in Galveston....the situation is a bit different because the parking is Hospital property, not TDCJ. Leaving the gun in your car was likely still against the "rules" but there was no regulation parking and it was far from the prison...it was never an issue.
PM me and I will help you in any way I can....I know dealing with the state on these issues can be frustrating! I was glad to leave it behind. Take care.
Jason

[KBCraig]

Good luck with it.

I'm currently battling the Federal Bureau of Prisons on the subject of personal firearms storage while at work.

Unlike TDC personnel, we qualify as LEOs under the Law Enforcement Officers Safety Act, which means we can carry nationwide without a CHL. Everywhere, that is, except to work.

My institution agreed to negotiate storage. We presented three options, ranging from secure storage in vehicles, all the way up to secure lockbox storage. After negotiating partially, the management team talked to their bosses in DC, then suddenly declared that the entire matter was non-negotiable.

And so, I've been spending my time with FLRA, charging the BOP with an unfair labor practice for refusing to negotiate.

Should be interesting, and could have nationwide implications for government employees.

Kevin

[Commander]

It's interesting that TDCJ still has a policy prohibiting CHL holders from carrying while on duty or in state vehicles. DPS had a similar policy when the CHL law was first passed. The policy was dropped when the law was changed in regards to carrying on government owned property. DPS civiilan employees with CHLs may carry on duty, in state cars and in DPS offices.

[barres]

DPS civiilan employees with CHLs may carry on duty, in state cars and in DPS offices.

Can you give me any written documentation (sources, links, etc.) of this, please? If I can show that other State of Texas agencies allow "civillian" CHL holders to carry in state vehicles, it would greatly increase my chances of convincing the Texas Board of Criminal Justice to change their rules.