Page 1 of 1

30.06 clarification

Posted: Mon Feb 09, 2009 7:45 pm
by Phyte
Hi there, I'm new here and had a few questions. I took my CHL class on Saturday at the http://www.austinrfa.com Austin regional firearms academy and one thing struck me as odd. At one point in the 30.06 discussions we were talking about it pertaining to employees of the business only. Am I correct in saying that the 30.06 law bans ALL people from entering the building with a CCW and not just employees?

Second question is the employee handbook says they have the right to search employees cars at any time. However I'm not actually an employee, I'm a contractor that is W2 at another company that contracts with the business where I do my work. Do they still have a "right" to search my vehicle even though I'm not a full time employee? My contract with the company that sends my paycheck has nothing about weapons, searching, or anything silly like that. Once I start carrying I'll have to keep my FNP 9mm in the glove compartment to go into work, but should I park off site also?

Glad to be here!
Phyte

Re: 30.06 clarification

Posted: Mon Feb 09, 2009 9:12 pm
by srothstein
A proper 30.06 sign applies to everyone, not just employees. An improper sign may apply to employees losing their jobs but no one else.

My guess (and IANAL) is that their employee manual does not apply to you but it might depend on the contract yoru company signed with them. This is a gray area. If you leave the gun in the car and they ask to search, you can refuse. They would refuse to let you work there (probably) and your company might fire you for losing them the contract. I usually advise to not be the test case in unknown areas of the law. I also advise people to think carefully when it comes to things that COULD cost them their job. Each of us will put the balance between security from threats and job security at a different point.

Re: 30.06 clarification

Posted: Mon Feb 09, 2009 11:32 pm
by barres
A 30.06 notice in an employee handbook could not apply to the general public (customers), because the GP would never see that notice. A sign out in the open for everyone to see would apply to everyone.

I quite agree with Stephen, that your employer's contract may or may not give this company the right to search your vehicle. Unless you know for certain that it does not, you have to balance your need for personal security with your need for continued paychecks. Or park off-site, and then they no longer have the right to search your vehicle, because it is no longer on their property.

Re: 30.06 clarification

Posted: Mon Feb 09, 2009 11:51 pm
by boomerang
barres wrote:I quite agree with Stephen, that your employer's contract may or may not give this company the right to search your vehicle. Unless you know for certain that it does not, you have to balance your need for personal security with your need for continued paychecks. Or park off-site, and then they no longer have the right to search your vehicle, because it is no longer on their property.
Depending on the contract, they may have the same "right" to search the vehicle no matter where it's parked.

However, parking off-site makes it more workand less likely for them to assert any such contractual rights.

Re: 30.06 clarification

Posted: Tue Feb 10, 2009 1:08 am
by Phyte
The signs are clearly posted on all entrances, so they do apply to everyone entering the building. I will start parking offsite, which won't add too much to my walk.

Ok, one more question. Churches and places of worship are listed in the law as places you can't carry. My church however is very gun friendly, and there are no signs posted. Does this mean I can carry at church, or since "places of worship" are listed in the 30.06 law is that against? Just trying to sort all this out in my head!

Phyte

Re: 30.06 clarification

Posted: Tue Feb 10, 2009 6:47 am
by Liberty
Phyte wrote:The signs are clearly posted on all entrances, so they do apply to everyone entering the building. I will start parking offsite, which won't add too much to my walk.

Ok, one more question. Churches and places of worship are listed in the law as places you can't carry. My church however is very gun friendly, and there are no signs posted. Does this mean I can carry at church, or since "places of worship" are listed in the 30.06 law is that against? Just trying to sort all this out in my head!

Phyte
You can carry at your church.

Re: 30.06 clarification

Posted: Tue Feb 10, 2009 8:51 am
by Keith B
Phyte wrote:The signs are clearly posted on all entrances, so they do apply to everyone entering the building. I will start parking offsite, which won't add too much to my walk.

Ok, one more question. Churches and places of worship are listed in the law as places you can't carry. My church however is very gun friendly, and there are no signs posted. Does this mean I can carry at church, or since "places of worship" are listed in the 30.06 law is that against? Just trying to sort all this out in my head!

Phyte
Read father down in the statute to section (i) where it states those locations listed (churches, amusement parks, etc.) must be posted 30.06 to be off limits.