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Employer Notice / Non-Employer Owned Parking Garage

Posted: Sun Nov 20, 2005 10:20 pm
by Lumberjack98
I did a quick search on this and didn't see this specifically covered.

A family member works for a large company that has a no carry policy. They also state that you cannot carry in the parking garage that is not attached to the building. The company does not own the parking garage or the land that it is on. Can they legally state no carry in the parking garage?

Posted: Sun Nov 20, 2005 11:09 pm
by KBCraig
If they do not own or control it, then no. But if part of the parking garage is set aside for the company's use as part of their lease agreement, then yes.

Just MHO, of course.

Kevin

Re: Employer Notice / Non-Employer Owned Parking Garage

Posted: Sun Nov 20, 2005 11:26 pm
by GrillKing
Lumberjack98 wrote:Can they legally state no carry in the parking garage?
They can legally state anything they want. However to be effective notice, according to 30.06(b), either the owner or someone who has apparent authority to act on behalf of the owner, must provide oral or written communication of intent to ban concealed carry. Written communication must conform to the language, etc., requirements of 30.06.

Therefore, IMHO, it depends on whether or not they are legitimately acting on behalf of the owner. This of course only applies to criminal trespass by a CHL. Keeping your job is another matter. With or without authority to prevent legal carry in the garage, they can fire you for carry. I believe Texas allows an employer to fire for any reason other than certain defined discriminations and retaliations. I believe this is likely to be a risk of losing your job concern and not a criminal trespass concern.

This is only my opinion, I'm not a lawyer, and the value of the above is guaranteed to be equal to what you payed for it!!

Posted: Wed Nov 23, 2005 7:49 am
by Lumberjack98
Thanks for the replies. That helps.