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Re: Anti-Violence and Weapons Policy at my work
Posted: Tue Nov 23, 2010 6:03 am
by jsimmons
3dfxMM wrote:30.06 makes no mention of premises so how the company or the the state define the term is irrelevant in this context.
The "premises" debate is centered around whether or not a parking lot is considered part of the posted/prohibited area. According to the State of Texas, "premises" does NOT include parking lots or parking structures.That's why it's technically legal to have a gun in your car, no matter where it is parked (with the possible exclusion of a military installation). The parking lot bill they're trying to get passed is to prevent employers from establishing corporate policy that overrides Texas law.
The discussion is relevant.
Re: Anti-Violence and Weapons Policy at my work
Posted: Tue Nov 23, 2010 7:20 am
by b322da
kahrfreak wrote:b322da wrote:
A question for you, jsimmons, with respect to your statement above. Suppose the owner of your place of employment, or his authorized representative, reads to you the corporate policy on this, using short words and short sentences, and then has you sign a paper recognizing that you understand the policy.
In fact, 30.06 is rather clear that "written communications" is limited to the language that's specified in 30.06 (30.06(c)(3)). I would question if this could even be considered legal notice.
Agreed, kahrfreak. That is why in my example I used oral notice.
Elmo
Re: Anti-Violence and Weapons Policy at my work
Posted: Tue Nov 23, 2010 8:48 am
by 3dfxMM
jsimmons wrote:3dfxMM wrote:30.06 makes no mention of premises so how the company or the the state define the term is irrelevant in this context.
The "premises" debate is centered around whether or not a parking lot is considered part of the posted/prohibited area. According to the State of Texas, "premises" does NOT include parking lots or parking structures.That's why it's technically legal to have a gun in your car, no matter where it is parked (with the possible exclusion of a military installation). The parking lot bill they're trying to get passed is to prevent employers from establishing corporate policy that overrides Texas law.
The discussion is relevant.
Parking lots are not exempt from 30.06 postings. Parking lots are exempt when talking about locations that are statutorily off-limits, such as schools. It is technically legal to have a gun in your car because of the MPA, not because of the definition of "premises".
Re: Anti-Violence and Weapons Policy at my work
Posted: Tue Nov 23, 2010 5:49 pm
by Ameer
jsimmons wrote:The "premises" debate is centered around whether or not a parking lot is considered part of the posted/prohibited area. According to the State of Texas, "premises" does NOT include parking lots or parking structures.
Premises are relevant to 46.03 and 46.035 restrictions like schools and courts.
However, 30.06 says "A license holder commits an offense if the license holder carries a handgun under the authority of Subchapter H, Chapter 411, Government Code, on
property of another without effective consent" and parking lots are included in real property.