Cities prohibiting employees from carrying

[ninjamedic2293]

Question - If the state has preemption over local firearms laws and a city is not allowed to prohibit the carry of concealed firearms in city owned buildings how can the city of austin prohibit city employees from keeping their firearms in their vehicles at work. As a paramedic with the city of austin I constantly deal with some of the least desirable citizens in some of the worst situations, yet should I bring a firearm to work and leave it in my vehicle I would be immediately fired on the spot if it were discovered. This policy results in me being disarmed a majority of the time. I am fairly positive that very few of yall would be driving around the east side of austin late at night and early in the morning comming to and leaving work with people around who could potentially be disgruntled. I do not wish to actually carry at work do to the fact that I am often in and out of buildings that are prohibited such as federal locations and hospitals but if I were to attempt to fight this policy to allow firearms to be stored in our vehicles I would be terminated for bringing up the issue. Just hoping to get yalls thought on this. Thanks!

[seamusTX]

The Legislature planted this in the Government code:

GC §411.203. RIGHTS OF EMPLOYERS. This subchapter does not prevent or otherwise limit the right of a public or private employer to prohibit persons who are licensed under this subchapter from carrying
a concealed handgun on the premises of the business.

That fact that they specified public employers is pretty clear. There would be enormous resistance to changing this law.

This law predates local preemption and the exclusion of government entities in PC §30.06. It could be argued that the Legislature was aware that employees were treated differently from the general public and chose not to change the employer-employee relationship.

- Jim

[pedalman]

NinjaMedic, I know how you feel. I work for Austin Community College, at the Eastview Campus. I have to park on the street, lest I risk being fired for possessing a legally-carried handgun on College property. It is not illegal for me keep it locked in my vehicle in the parking lot, but I would still be fired.

Last year, we had a female student robbed in one of the ladies' restrooms. Nobody was hurt, but the College took its sweet time (two days) to officially tell employees about it. Of course, the good old grapevine informed us peasants before that official communique was released. I'm not even sure if the Statesman had a clue about it.

My only advantage at work is that my office is really a server closet on the third floor, with a solid core door. This door always locks automatically, when closed. Ironically, this room has a window on the opposite wall, so I can bust out this window and take my chances on the roof. I can move to a nearby air conditioning building and jump to its roof, and find better concealment/cover.

I know I sound crass, but ACC does not pay me to be Campus Police. If the cards start to fall, I am not going to be a hero. I know what happens when you bring a knife to a gunfight. I owe it to myself and my family to come home safe each day.

9/02/2008: This is a link to the story about that robbery:
http://media.www.theaccent.org/media/st ... 8812.shtml

[barres]

Preemption would prevent you from being prosecuted, but the rights of an employer would allow them to fire you. Sorry.

That's why we need to get a parking lot bill passed on '09!