confused about gun in car at work...again

[dsw1000]

I'm sure this has been covered, but i have read posts for the last 2 hours and now am totally confused. So my questions are:

1. for non-CHL holders, you can have a CH in your vehicle from your house to your employer, but can you leave that weapon in the vehicle while you are at work assuming that the employer doesn't prohibit it?

2. can a CHL holder keep the weapon in their vehicle while parked at work?
a. if the 30.06 is posted at the property entrance?
b. if nothing in the employee handbook prevents it?

My employer has 30.06 posted at the property entrance, but my CHL instructor stated that 30.06 only applies to the public, not to the employees. The employees are addressed in the employee handbook or by HR policy. Is that true?

[srothstein]

As a general rule, other than the answer below to your 30.06 question, anyone can keep a concealed pistol in their car while they are driving, and leave it in the car at work, and not break the law. If you park on private property, the owner might have some say in the matter. If it is work owned property, the company can fire you for violating company policy if they say no weapons at work. That does not affect the legality of it though.

Your instructor was wrong. The 30.06 sign applies to everyone who has a CHL. This is not just for the public and is proper notice (assuming the correct sign). If the sign is posted at the edge of the property, it is illegal for the CHL to carry past it, either as an employee or as a customer. This would include the parking lot if it is posted there.

But there is a little gray area in the parking lot, on the criminal side. 30.06 only applies when you are carrying under the authority of your CHL. If the gun is concealed in a car, you are not carrying under that authority because it is not a violation of the law to carry. If this interpretation is correct, of course, it means there is no valid reason to post a parking lot anyway. That seems like a reasonable objection to my interpretation so you might not want to rely on it without a good lawyer.

[ScottDLS]

I'm sure this has been covered, but i have read posts for the last 2 hours and now am totally confused. So my questions are:

1. for non-CHL holders, you can have a CH in your vehicle from your house to your employer, but can you leave that weapon in the vehicle while you are at work assuming that the employer doesn't prohibit it?

YES.

2. can a CHL holder keep the weapon in their vehicle while parked at work?
a. if the 30.06 is posted at the property entrance?

Not if CHL has to pass the sign to get to the lot.

b. if nothing in the employee handbook prevents it?

YES. Actually CHL employee can "legally" carry even if the handbook prevents it unless the handbook has the statutory 30.06 language or there is a 30.06 sign. Said employee could also be fired, but not prosecuted.

My employer has 30.06 posted at the property entrance, but my CHL instructor stated that 30.06 only applies to the public, not to the employees. The employees are addressed in the employee handbook or by HR policy. Is that true?

No, he is wrong. The sign, assuming it is in the proper format, provides notice to all CHL holders that carry is prohibited. The only exception would be if the handbook gave employees explicit permission to carry.

[smyrna]

OK...I'll take shot at this, but I'm sure someone more knowledgeable than me will be along shortly...

1. for non-CHL holders, you can have a CH in your vehicle from your house to your employer, but can you leave that weapon in the vehicle while you are at work assuming that the employer doesn't prohibit it?

Yes. Assuming the employer doesn't prohibit it, you are fine. Google the motorist protection act in Texas or HB 1815. This bill effected into law in September 2007 (if I remember right) essentially help clarify the old "traveling" lingo that was used prior. Basically, if you are carrying concealed in the vehicle, aren't part of a street gang, engaged in criminal activity worse than a class C misdemeanor, and can legally own a firearm, you are good to go. With that said, Texas is an "at will" state as far as employment goes, meaning unless you are under contractual obligations, you can be dismissed at any time for any reason.
http://www.capitol.state.tx.us/BillLook ... ill=HB1815#" onclick="window.open(this.href);return false;

2. can a CHL holder keep the weapon in their vehicle while parked at work?
a. if the 30.06 is posted at the property entrance?
b. if nothing in the employee handbook prevents it?

I think this is why there has been a lobby for a revision to the CHL statues to clarify this scenario. My OPINION is that 30.06 at the entrance pretty well communicates your employer's position on the matter. I think there has been some debate on whether 30.06 can actually be enforceable to firearms locked inside a car in a parking lot. Your choice should be weighed carefully. Are you prepared to NOT consent to a search of your vehicle if you were ever found suspicious? Texas is an "at will" state as far as employment goes, meaning unless you are under contractual obligations, you can be dismissed at any time for any reason.

My employer has 30.06 posted at the property entrance, but my CHL instructor stated that 30.06 only applies to the public, not to the employees. The employees are addressed in the employee handbook or by HR policy. Is that true?

I tend to disagree with your instructor. 30.06 applies to ANYONE (employee or not) who has a CHL.

[dsw1000]

thanks everyone.