TexasCHLforum.com

If the employer has a no-firearm policy, does that mean I cannot even leave my gun in my locked car and concealed?

Please quote the law if you try to answer. I am not clear on this point.

Stupid wrote:If the employer has a no-firearm policy, does that mean I cannot even leave my gun in my locked car and concealed?

That depends entirely on what the policy actually says.

Please quote the law if you try to answer. I am not clear on this point.

The only laws involved are criminal trespass (the employer's right to decide who brings what onto their property), and the right of the employer to fire you for violating their policies.

It doesn't get any clearer. Why the confusion?

Kevin

You leave no info at all on your profile. No email. No location. No interests. Charles took you off for trolling & for tripple posting the same thing. How to sell a hand gun "given to you" that you thought had a very questionable history. Quit fishing.

longtooth wrote:You leave no info at all on your profile. No email. No location. No interests. Charles took you off for trolling & for tripple posting the same thing. How to sell a hand gun "given to you" that you thought had a very questionable history. Quit fishing.

+1 - get the crap outta here.

Vote: Ban IP

Hang on guys, we're getting people confused. The fellow asking for advice on how to sell a gun of "questionable" origin and triple posting was another person and he has been banned.

Chas.

Texas is an “employment at will� state, meaning you can fire someone for any reason, or no reason at all. The only exceptions are firing someone for refusing to do an illegal act, or firing someone who is in a protected class for the reason they qualify for the protected class. For example, I cannot fire a 50 year old employee (over 40) simply because they are older and I can hire someone younger for a lower salary. (I can fire them for other reasons such as poor performance, reduction-in-force, etc.) The example I give people is that your boss can give you your annual review and tell you that you’re the best employee he ever had – and you’re fired!!

Thus, even an employee in a protected class (age, race, etc.) can be fired for violating company policy, including a “no guns� policy. As Kevin said, it depends on how the policy is worded. Does the policy prohibit guns only in the buildings, or anywhere on the real estate? Criminal trespass is not an issue unless the warning is verbal (any wording will do), or if it’s written the exact language required by Penal Code §30.06 is used.

Regards,
Chas.

Then I will be the 1st to say my 'scuseme's. Sorry guy & welcome aboard. Do think about changing your name though. Two reasons.
1. Think more of yourself than stupid. Learner, newkidontheblock, WetBehindTheEars, greenhorn, you pick one. I asure you that we think more of you than stupid. No insults on this forum since I joined.
2. Guilt by association. You aligned yourself w/ the wrong guy.
I am sure you will get some more of these. Welcome aboard.

"The possession of firearms or other weapons are not permitted on Company property or when on Company business (where permitted by law), without written authorization of the President."

Word by word.

Stupid wrote:"The possession of firearms or other weapons are not permitted on Company property or when on Company business (where permitted by law), without written authorization of the President."

Word by word.

This language does not meet the requirements of Penal Code Section 30.06, so if you have not also been told verbally about the "no guns" policy, then Criminal Trespass is not an issue. Remember, a verbal warning does not have to use the 30.06 language. But again, you can be fired.

Regards,
Chas.

What does "verbally" mean? If my boss tells me there's no gun in this company, would that be sufficient?

I am aware of being fired though.

Stupid wrote:What does "verbally" mean? If my boss tells me there's no gun in this company, would that be sufficient?

Yep, that would do it.

Chas.

The law is weird.

Let's say one place does not permit guns. If somebody walked in and started shooting at all of us. With guns, I could have reasonably defend myself, but without gun, I was shot.

Shouldn't the owner of the place be liable for not providing enough security/protection?

Stupid wrote:Shouldn't the owner of the place be liable for not providing enough security/protection?

Kinda hard to sue when you are dead though...

Does criminal trespass count if the gun is left in the car? The Texas law states that parking lots (even private) are not considered a premises. It seems to me that one could be fired, but as long as the gun never left the vehicle prosecution under 30.06 would be invalid.

I would think its all about how bad they (your employer) wants to find out about you...

The less they know, the less they are inclined to act...Whether that action is legal or not...

I also have this new thing...I keep my stuff locked in a small "keyed" safe, cabled to a hard point inside the vehicle...

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"Nope...Sure don't have the key for that safe...We keep that safe around for valuables while we travel..."

"I'll try to find, and bring the key for it tomorrow, if you want to check it out...Can't help you till then..."

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Not too sure how well you'd want to play it beyond that...If they decide to "break" into something without your consent, then I'd imagine that regardless of what they find in there...I'd charge them, and the company with breaking and entering...Regardless if that actually sticks or not...Let them fight it...

But thats just me...I'll do my best to not allow it to go that far...And not give them a reason to even think about it...