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I am trying to get an answer for another forum I belong to. Can you be charged with a Class B misdemeanor or any other legal charge if you are caught carrying as a CHL holder against company policy?

I had always thought you could certainly lose your job over it but that unless the business is posted 30.06 and/or you refuse to leave with your weapon if discovered that you would not be facing any legal ramifications?

Someone else believes that if you are caught carrying on company property or premises that is not posted 30.06, however, it is stated in the employee handbook that it is prohibited to carry that you can automatically be charged with a class B misdemeanor?

Which is it?

If you are not properly notified, then no criminal acts have occurred (and no misdemeanor charge). In order to be properly notified, they must have a legally valid 30.06 sign near the door or provide you legally valid 30.06 wording on some other written notice (employee handbook or similar) or verbally tell you not to carry (and a verbal "No Guns" is probably enough).

You are correct that you could still be terminated (pun intended), but you could not be criminally charged.

*edit*

All bets are off if your employer is on federal property or something like a school.

Kalrog wrote:If you are not properly notified, then no criminal acts have occurred (and no misdemeanor charge). In order to be properly notified, they must have a legally valid 30.06 sign near the door or provide you legally valid 30.06 wording on some other written notice (employee handbook or similar) or verbally tell you not to carry (and a verbal "No Guns" is probably enough).

You are correct that you could still be terminated (pun intended), but you could not be criminally charged.

*edit*

All bets are off if your employer is on federal property or something like a school.

As Kalrog said, the key to the criminal charge if you have been informed by the company in some form that there is a 'no guns' policy. You now can face charges for criminal trespass, which is normally a class B misdemeanor, if you carry on property.

Keith B wrote:

Kalrog wrote:If you are not properly notified, then no criminal acts have occurred (and no misdemeanor charge). In order to be properly notified, they must have a legally valid 30.06 sign near the door or provide you legally valid 30.06 wording on some other written notice (employee handbook or similar) or verbally tell you not to carry (and a verbal "No Guns" is probably enough).

You are correct that you could still be terminated (pun intended), but you could not be criminally charged.

*edit*

All bets are off if your employer is on federal property or something like a school.

As Kalrog said, the key to the criminal charge if you have been informed by the company in some form that there is a 'no guns' policy. You now can face charges for criminal trespass, which is normally a class B misdemeanor, if you carry on property.

If you received proper notice, a violation is a class A misdemeanor.

txinvestigator wrote:[

I stand corrected. A violation of 30.06 is a Class A. Standard criminal trespass is a Class B. Thanks TXI!

Criminal trespass while possessing a deadly weapon is always Class A.

That's why it was so important to pass 30.06 in 1997, to avoid accidental trespassing turning into a very serious criminal offense.

Keith B wrote:As Kalrog said, the key to the criminal charge if you have been informed by the company in some form that there is a 'no guns' policy. You now can face charges for criminal trespass, which is normally a class B misdemeanor, if you carry on property.

I just wanted to clarify this and repeat what Kalrog had originally posted, to avoid some confusion. While Keith is agreeing with Kalrog, this sentence by itself is a little less than accurate.

If there is a written policy, it must comply with 30.06 wording to be valid on its own. If the policy is ever explained orally, it can be anything. This means the policy is properly enforceable if it is written using any language but is explained to you in person.

This is just one more reason that you need to be careful what you sign. When I was hired, I signed a form saying the policies were "explained" to me. That can be taken as an acknowledgment of a verbal warning of the no guns policy. Did you sign or initial something like it?

no the question had nothing to do with my employer. I was just wanting to settle an argument regarding the subject with someone else. Thanks for all the replies.

My employer has a no weapons rule in the rule book. I promise you if an employee carries on our property chl or not, you are fired.

My current employer doesn't have a policy in writing, nor have I verbally been advised...I have seen no visual signs to any effect of his position on the issue...

We work in a 3 story office building in a lease agreement with the owner of that building...No written, verbal or visual is posted anywhere or have been given to our office on their position on the issue...

I do not intend to ask, nor do I intend to broach the subject with anyone at the office, or in the facility...

Does that make me lucky??? No...

I believe the situation I am currently in is not as uncommon as some would think...

dac1842 wrote:My employer has a no weapons rule in the rule book. I promise you if an employee carries on our property chl or not, you are fired.

My employer has a no alcohol during business hours rule in the employee handbook. I promise you if an employee drinks during lunch and returns to work, they can be fired. That does not, however, mean it's illegal to have a beer with lunch.

I've always wondered...

If a company I work for decides I don't have the right to carry at work and a nut comes in shoots me... Could I sue the company for them removing the ability to protect myself?

barnez wrote:I've always wondered...

If a company I work for decides I don't have the right to carry at work and a nut comes in shoots me... Could I sue the company for them removing the ability to protect myself?

There have only been about umpteen thousand posts here about that. I suggest using the search function.

Short answer: you can sue anyone for anything. A lady near here recently sued God in federal court, for "allowing her suffering".

Prevailing is altogether different. (The suit against God was dismissed because the defendant had not been effectively served. )

KBCraig wrote:

barnez wrote:I've always wondered...

If a company I work for decides I don't have the right to carry at work and a nut comes in shoots me... Could I sue the company for them removing the ability to protect myself?

There have only been about umpteen thousand posts here about that. I suggest using the search function.

Short answer: you can sue anyone for anything. A lady near here recently sued God in federal court, for "allowing her suffering".

Prevailing is altogether different. (The suit against God was dismissed because the defendant had not been effectively served. )

I try not to anger someone who has this extra button on his keyboard that says "Smote"...

If you have made the decision to carry despite company policy, you have decided that your life is more important than your job.
That's a good decision.