Houston Airport System (possible petition with City)

[that1otherdude]

I work at Hobby Airport and park in an access controlled parking lot. My Employer (not the city or airport system) does not prohibit any CHL activity. Since I work in the secure area inside of security carrying to work is not an option.

Recently I asked a person in Airport Management (this person has significant authority but I will not identify further to keep them from trouble) if they require anything special from CHL holders. She told me that the HAS (Houston Airport Systems) prohibits all weapons on the premisis and that, by the letter of the law, I cannot even have one in my car.

She went on stating that I will not have a problem if I just keep the weapon out of sight in my car..

I am friends with her after working at the airport for a while but asked her how HAS can prohibit weapons when the parking garage (that I was pointing at) was filled with cars of CHL holders with weapons in them that have taken long trips.

And further more why would HAS want to keep guns out of aiports when they are bad parts of town and I get off my shift at 0300?!?!

Several airport police have told CHL holders here that there is no problem with these folks carrying to and from work (in conflict with HAS policy) and this is confusing.


Would anyone be interested in participating in a petition to the City to allow CHL's to keep weapons in cars while working/traveling?

The main reason is that I don't want to continue to carry in my car on the advice of city officials and HPD and expose myself to possible badge suspension (=job loss).



Frustrated

[seamusTX]

It is perfectly legal for a CHL holder to carry in a city-owned airport in Texas.

It is also legal for any person who can legally own a firearm to bring it in unloaded and cased to take on a trip.

Furthermore, it is legal for any person who can legally own a firearm to keep it loaded in their vehicle on the airport grounds, concealed in the case of handguns (also advisable for long guns).

The upper management of the entity that operates the Houston airports knows this. They took down their "no guns" signs years ago.

What you really want to do is change the airport's unenforceable policy. Good luck.

- Jim

[that1otherdude]

What you really want to do is change the airport's unenforceable policy. Good luck.

- Jim

yes that is exactly the purpose of my post... I don't ever want to be in a situation where someone with an ax to grind (i'm in management and occasionally have to do my job and affect the jobs' of others...you know what I mean) who knows I carry in my car (as do 100+ other Employees some of whom are CHLs') tells security I have a brick of pot in my car...ya da ya yad...next thing you know my badge is suspended for the only violation they can find =gun in car...


what do you suggest is the best way to move forward on this? anyone?

[seamusTX]

Are you saying that you don't work for the HAS; you work for a private service company or something like that?

Is the parking lot owned by the city?

Are you talking about your badge being revoked for the entire airport, or just the garage?

I'm trying to get an accurate picture here.

Is it possible for you to park in a privately owned lease lot and take their shuttle to the airport?

- Jim

[boomerang]

what do you suggest is the best way to move forward on this? anyone?

It sounds like the problem is company policy not law. Unless you're in a position to change company policy, it sounds like the realistic solutions are follow company policy, change jobs, or don't get caught. I know what I would do but you have to decide what's best for you.

[Bily Lovec]

the law here is irrevelant except it state that your employer can set company policy overriding said law.

your company policy can say no guns in parking lot, w/no exceptions for CHL.
your company can fire you for violating this.

[tarkus]

the law here is irrevelant except it state that your employer can set company policy overriding said law.

Nobody is overriding the law. A company can fire an employee for having sex with his wife on company property. Even if they have a marriage license, that doesn't give them a right to violate company policy.

[that1otherdude]

Are you saying that you don't work for the HAS; you work for a private service company or something like that?

Is the parking lot owned by the city?

Are you talking about your badge being revoked for the entire airport, or just the garage?

I'm trying to get an accurate picture here.

Is it possible for you to park in a privately owned lease lot and take their shuttle to the airport?

- Jim

I don't work for the City.

the parking lot IS owned by the city (as is the large parking garage attached to the terminal where this policy is also in force).

My badge revoked for the entire airport.


I CAN park in a private lot except that they don't run shuttles during my shifts (I work really early before the shuttles and really late after the shuttles).



My company DOES NOT PROHIBIT guns in any way except at our company Headquarters (not here in houston) and in the HDQ parking lot.

[Skiprr]

the law here is irrevelant except it state that your employer can set company policy overriding said law.

Nobody is overriding the law.

And we need to be clear that Texas law nowhere states that an employer can set company policies that override the law. What the law does do is prescribe very specific mechanisms by which an employer can control its preference about CHLers carrying on the employer's premises. An employer can post signs or provide written materials that follow exactly the requirements described in 30.06, or a person in authority with the employer can orally notify a CHL holder that firearms are prohibited. The employer can't do anything to override or change state law.

Who owns HAS? I can't get www.houstonairportsystem.org to come up...

[seamusTX]

All three Houston airports are ultimately owned by the City of Houston. I think HAS is just an agency of the city.

The question here is not getting arrested or fired, it's having his access to the airport revoked.

- Jim

[Skiprr]

All three Houston airports are ultimately owned by the City of Houston. I think HAS is just an agency of the city.

The question here is not getting arrested or fired, it's having his access to the airport revoked.

Yep. I was just curious about the actual ownership of HAS, since it seems they are the ones exercising de facto authority over both the parking garage and badge access to the airports.

If they were an independent management firm, I could better understand the policy. My former employer would have attempted precisely the same control. But if they are owned by the city and are a governmental entity, that they're flying (pun intended) right in the face of the 30.06(2)(e) specific exception is just rather bizarre.

But as for the senior person in airport management saying, "...(Houston Airport System) prohibits all weapons on the premises and that, by the letter of the law, I cannot even have one in my car," is flat out wrong. At least as far as the "letter of the law" statement is concerned.

The downside for that1otherdude is that the average CHL holder can freely come and go armed in that parking garage and there isn't a thing HAS can say about it. His problem is that it looks as if at least one requirement of his employment is controlled by HAS.

[boomerang]

GC 411.203

[seamusTX]

GC §411.204 applies to employer-employee relationships. If someone who works on government-owned premises is not an employee of the government, no such relationship exists. The government agency cannot fire the person.

Whether the city can tell 1otherdude's employer that 1otherdude is no longer allowed in the airport because 1otherdude has a firearm in his car is questionable.

I'm speaking here of Texas state government and its subdivisions, not the feds.

As usual, IANAL.

- Jim

[that1otherdude]

GC §411.204 applies to employer-employee relationships. If someone who works on government-owned premises is not an employee of the government, no such relationship exists. The government agency cannot fire the person.

Whether the city can tell 1otherdude's employer that 1otherdude is no longer allowed in the airport because 1otherdude has a firearm in his car is questionable.

I'm speaking here of Texas state government and its subdivisions, not the feds.

As usual, IANAL.

- Jim

What they (HAS) are saying is that carrying a firearm in my car is a violation of city policy and by doing so I can have my airport badge suspended... But they are also saying that they don't really enforce it now but can any time they want to... No airport badge= can get behind secure are where I work..

BTW the new website is http://www.fly2houston.com

[KFP]

What they (HAS) are saying is that carrying a firearm in my car is a violation of city policy and by doing so I can have my airport badge suspended...

City policy conflicts with State law. IMO they don't have a leg to stand on IF this ever becomes an issue.

If you decide to pursue it further, I would go to your friend with the appropriate portion of the law to show her that the city law is not in line with the state. The ball would then be in her court to aline policy with the law.