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Re: Just looking for others opinions
Posted: Sun Jul 15, 2012 7:40 pm
by C-dub
recaffeination wrote:C-dub wrote:Ameer wrote:Is it illegal to have a gun in a locked box in the trunk? It wouldn't be on or about your person so 30.06 signs wouldn't apply. I know it may violate company policy, but I'm asking if it violates any laws. If so, please say what law.
It would violate the law if he must go into the secure area of a oil refinery or where ever it is he must do as part of his job. You cannot even leave it in the vehicle in those places.
I noticed you didn't say what law. Do you mind telling us so we can read it?
Just in case, let me say the parking lot law didn't make it illegal. It also only changed the employee relationship and a visitor or vendor is not an employee there.
I was figuring that it was the parking lot law since he mentioned petrochemical plants, although I'm not sure about the Port of Houston.
Re: Just looking for others opinions
Posted: Sun Jul 15, 2012 9:21 pm
by txhighlander
If I were you,ask security, explain your situation and tell them you would provide a lock box to keep it in while you are in the plant.The most they can do is tell you no and exercise their right to search you for a while to make sure you aren't carrying. If they will allow it then you are set.
Re: Just looking for others opinions
Posted: Sun Jul 15, 2012 9:38 pm
by jmra
txhighlander wrote:If I were you,ask security, explain your situation and tell them you would provide a lock box to keep it in while you are in the plant.The most they can do is tell you no and exercise their right to search you for a while to make sure you aren't carrying. If they will allow it then you are set.
Most plant "security" I've encountered is not trusted to carry a firearm. I doubt very seriously the company would be willing to accept the "liability" of holding a venders firearm.
Re: Just looking for others opinions
Posted: Mon Jul 16, 2012 8:20 am
by Phoenix6410
I have been told on numerous ocassions that any refinery requiring TWIC is strictly "no firearms", I have not seen any law realting to this, however I have not searched it yet. I know this is not in Texas Penal Code as it is governed by DHS. If anyone should happen to know where I can find this info, it would be greatly appreciated.
Re: Just looking for others opinions
Posted: Mon Jul 16, 2012 9:42 am
by WildBill
Phoenix6410 wrote:I have been told on numerous ocassions that any refinery requiring TWIC is strictly "no firearms", I have not seen any law realting to this, however I have not searched it yet. I know this is not in Texas Penal Code as it is governed by DHS. If anyone should happen to know where I can find this info, it would be greatly appreciated.
I haven't found it either. Since the facilities are under TWIC, it's probably covered under restricted places in some Federal Code.
Re: Just looking for others opinions
Posted: Mon Jul 16, 2012 9:43 am
by WildBill
george wrote:Let's say, hypothetically, that my wife forgot and left her briefcase in my car. And, let's say, I don't have the key, because, after all, the case belongs to her.
Would that case be subject to search?
If it is legal to search the briefcase, it doesn't matter who owns it.
Re: Just looking for others opinions
Posted: Mon Jul 16, 2012 9:49 am
by Phoenix6410
WildBill wrote:george wrote:Let's say, hypothetically, that my wife forgot and left her briefcase in my car. And, let's say, I don't have the key, because, after all, the case belongs to her.
Would that case be subject to search?
If it is legal to search the briefcase, it doesn't matter who owns it.
I really don't think it is worth taking a chance, I have never had the bag that I carry my safety gear I checked, but it only takes one time.
Re: Just looking for others opinions
Posted: Mon Jul 16, 2012 10:52 am
by Jim Beaux
Dont drive up to the guard gate & give any reason for them to suspect you have a weapon.
I am a 3rd party industrial inspector and have entered hundreds of facilities across the U.S. I am also a certified safety professional & communicate regularly with the powers that be & have attended hundreds of facility policy briefings.
Considering that most petrochem facilities will not let you in with facial hair, & mandate fire retardant clothing, hard hat, safety glasses & steel toes; no one at the gate will give you permission to enter with a weapon; & if you try to speak to someone in management, I promise they will definitely refuse you entry. Their argument is a weapon presents more danger than warranted.
Most facilities ban cigarette lighters & until very recently wouldnt even allow you to carry your cell phone in because it was not intrinsically sealed, or due to it having a camera. Also keep in mind that all guard gates are considered to be on site. I wouldnt be surprised if the police are called if you let it be known that you are carrying. Many guards are ok people, but you have just enough among them who are the authoritative Barny Fifes or "Johnny boy suck ups" looking to impress the higher ups & they will hang you out to dry just for the drama.
I travel across the country and often work on pipelines on right a ways in the middle of no where. I always leave my carry in a lock box cabled to a sturdy anchor in my motel.
If you are caught in a situation where you need to enter a facility on a moments notice you have 3 choices; drop the gun off, take it home, or stuff it in your boot. My advice is do as I, dont carry during work hours.
Re: Just looking for others opinions
Posted: Mon Jul 16, 2012 11:03 am
by Jim Beaux
george wrote:Let's say, hypothetically, that my wife forgot and left her briefcase in my car. And, let's say, I don't have the key, because, after all, the case belongs to her.
Would that case be subject to search?
Best case scenario is that the guards will let you leave the briefcase in the guard shack (but I wouldnt count on it). I have seen the guards inventory the contractor trucks & it's hand tools when entering and leaving the facility. I have had to provide serial numbers for my lap tap, printer & inverter before being allowed through. If you cant provide access to items in your vehicle you can be denied entry.
Re: Just looking for others opinions
Posted: Mon Jul 16, 2012 11:18 am
by Sangiovese
WildBill wrote:george wrote:Let's say, hypothetically, that my wife forgot and left her briefcase in my car. And, let's say, I don't have the key, because, after all, the case belongs to her.
Would that case be subject to search?
If it is legal to search the briefcase, it doesn't matter who owns it.
Additionally, by denying ownership of the briefcase you would very likely lose standing to challenge an unlawful search.
Re: Just looking for others opinions
Posted: Mon Jul 16, 2012 1:56 pm
by recaffeination
IF it's legal to search without consent or warrant or probable cause...
IF it's illegal to have a gun in a locked container in your own vehicle...
That's a lot of IF for something people state as fact. Just saying.
Re: Just looking for others opinions
Posted: Mon Jul 16, 2012 3:02 pm
by WildBill
recaffeination wrote:IF it's legal to search without consent or warrant or probable cause...
IF it's illegal to have a gun in a locked container in your own vehicle...
That's a lot of IF for something people state as fact. Just saying.
There's a lot of ifs for someone trying to find a legal way to carry when there isn't one.
First of all, only LEOs need a warrant or probable cause for a search. Security guards and plant personnel do not need either. Whether or not you consent to a seach by an non-LEO is up to you. IF you don't, they will probably be ban you from their facility. IF they ban you, then you don't have a job working in a TWIC type business.
Re: Just looking for others opinions
Posted: Mon Jul 16, 2012 3:03 pm
by WildBill
jmra wrote:txhighlander wrote:If I were you,ask security, explain your situation and tell them you would provide a lock box to keep it in while you are in the plant.The most they can do is tell you no and exercise their right to search you for a while to make sure you aren't carrying. If they will allow it then you are set.
Most plant "security" I've encountered is not trusted to carry a firearm. I doubt very seriously the company would be willing to accept the "liability" of holding a venders firearm.

We used to do that a one company, until we found out that the guards were "playing" with our guns.