TexasCHLforum.com

GrillKing wrote:I really don't want a parking lot bill, per se. I would like to see "your vehicle is an extension of your home" law instead. I believe this is the best balance of 2nd amendment and property rights. Basically, it is not a criminal offense to keep a firearm in your vehicle in anyplace (other than polling places, prisons, etc, already off limits) open to the public.

I absolutely agree any private property owner should have the right to forbid firearms on your person on their property for any reason except official law enforcement (probable cause, warrant, etc.). I also don't think it is unreasonable for businesses open to the public (and I don't know how you define that yet) to not be able to forbid carry in an 'extension of your home', i.e., your car.

Thoughts? Is this a good balance of rights?? I don't think this should apply to private property not open to the public (your home, business NOT open to the public, etc.). The definition of open to the public is still to be defined. I don't know completely what I think on that yet

Thats an interesting angle...Remove the employment jeopardy from any discovery of a weapon in your vehicle either by "illegal" search, or someone happening to see you have one in your vehicle, but not out of the vehicle on company property such as in a parking lot...

Sure, that would be interesting to see...But thats what the original parking lot bill was trying to do...

I actually don't care if somehow they find it or assume I have something in my car that was detectable by dog or other sensing device...Just so that it is understood that my vehicle is my "castle" and that if I am in it, and drive it inside their "castle", that is where it will remain until I leave...

I do not do drugs, and therefore I do not have any reason to believe my vehicle needs to be accessable to that kind of search...

I also do not believe anyone should have to sign a piece of paper to allow your employer to have knowledge of your intent to leave a weapon in your vehicle while you work there...Or tell them you have a CHL or other permit of that kind either...None of their business...

I've already elluded to these issues before...Just thought I would throw this in there again...

I've got a question for you guys. I'm sure there's a quick answer, but it isn't so clear to me.

30.06 deals with carrying on someone's property. I've always taken that to mean physical land and buildings. However, I drive a company vehicle for my job, and I take it home with me everyday.

The first day of orientation they read aloud their weapons policy, which is basically no weapons allowed by anyone. There are small, non-compliant "no concealed carry per 30.06" signs at the entrance of most buildings. I was pretty bummed out that I got the verbal notice on the very first day, because their improper signage wouldn't have stopped me.

However, how far does this "property" extend to the vehicle I've been issued? Yes, it's company property, but under the interpretation of 30.06, does it still count? Once I'm off the company grounds?

What about when I'm at home? Could I hypothetically carry in the vehicle on my own property? What about off the clock running errands (even though I'm not allowed to do that anyway)?

Thanks for the insight!

Basically, you could probably beat any legal action (say they have you arrested) against you, at great expense. They would likely fire you. If the vehicle is their property, I don't think they would see a distinction.

Flatland2D wrote:I've got a question for you guys. I'm sure there's a quick answer, but it isn't so clear to me.

30.06 deals with carrying on someone's property. I've always taken that to mean physical land and buildings. However, I drive a company vehicle for my job, and I take it home with me everyday.

The first day of orientation they read aloud their weapons policy, which is basically no weapons allowed by anyone. There are small, non-compliant "no concealed carry per 30.06" signs at the entrance of most buildings. I was pretty bummed out that I got the verbal notice on the very first day, because their improper signage wouldn't have stopped me.

However, how far does this "property" extend to the vehicle I've been issued? Yes, it's company property, but under the interpretation of 30.06, does it still count? Once I'm off the company grounds?

What about when I'm at home? Could I hypothetically carry in the vehicle on my own property? What about off the clock running errands (even though I'm not allowed to do that anyway)?

Thanks for the insight!

You could be prosecuted. It's their property, They said no guns. It's part of your employment agreement. Now would they prosecute you? Most likely not, they would probably just fire you.

I don't believe motor vehicles are "property" for purposes of trespass laws, but I haven't looked at any case law since TPC §30.06 was enacted.

Chas.

The original post indicates that the business is not properly posted, so 30.06 is irrelevant aside from any misguided prosecution attempts. "Property" is irrelevant, too, isn't it?

The OP wouldn't go to jail, but would likely lose his job if he gets found out.

Thats always the kicker. I dont care what laws are passed, they can fire you if caught.

KC5AV wrote:The original post indicates that the business is not properly posted, so 30.06 is irrelevant aside from any misguided prosecution attempts. "Property" is irrelevant, too, isn't it?

The OP wouldn't go to jail, but would likely lose his job if he gets found out.

Yes, the business isn't properly posted, but 30.06 is still valid because I've been given verbal notice.

To me, it's not worth my job. I'd say I live in a fairly low crime area. Much different from when I used to live in SA not too long ago. However, I got to thinking about this the other day and realized that there wasn't anything specifically mentioned about this in the TPC that I'm aware of.

I think the heart of the matter is, does my employer have any legal authority over me once I'm off their grounds or on my property? I think not, but I don't think that's exactly spelled out in the law.