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Hello everyone, I joined a few weeks back and havent started my questions yet. Here is the first. I let some time lapse between the class and completion of the processing with the state so I am trying to review everything I may or may not remember from the class. I understand under "Castle Doctrine" that my car in the parking lot is a "safe zone" when it comes to buildings normally restricted i.e the courthouse, voting etc. My place of employment is a city building- fire station. Will I be able to carry before work and after if I leave it in my car (locked and no magazine) during work? I have read other posts where people are advised to follow their employee handbooks as well. Our regs manual states:
"Possession of any type of deadly weapon such as handguns (with or without a state license), explosives, or the like is prohibited in or about city premises."
My concern is the line reading "in or about"....How far away is about?
My station does not have 30.06 signage. Again, I am not taking it inside. I actually park on the street next to the station due to parking limitations. Should I only park in the street or use the lot? I could end up at stations with desgnated lots. Should I worry about the wording in the regs manauls or will I be able to carry it to and from work? Also, to ensure I am not giving a car thief a loaded gun, are there any known laws against having magazine with bullets in your possession if I remove the magazine and take it inside restricted buildings. Thank you, in advance, for your answers.

I am not a lawyer, but youe employer is forcing you not to carry in or around the buidings. Firearm in you car when your car is parked pubblick street is none of their business. Leaving a loaded firearm ( or not loaded, does not matter) in your car is only concern if some broke into your car and stole your firearm. A lock steel box that can be attached to your car seat frame via a cable is a good idea.

Just let your know there is effort to introduce a TX law to allow a stored firearm in car on parking lot of private company

LTPumper12 wrote:Hello everyone, I joined a few weeks back and havent started my questions yet. Here is the first. I let some time lapse between the class and completion of the processing with the state so I am trying to review everything I may or may not remember from the class. I understand under "Castle Doctrine" that my car in the parking lot is a "safe zone" when it comes to buildings normally restricted i.e the courthouse, voting etc. My place of employment is a city building- fire station. Will I be able to carry before work and after if I leave it in my car (locked and no magazine) during work? I have read other posts where people are advised to follow their employee handbooks as well. Our regs manual states:
"Possession of any type of deadly weapon such as handguns (with or without a state license), explosives, or the like is prohibited in or about city premises."
My concern is the line reading "in or about"....How far away is about?
My station does not have 30.06 signage. Again, I am not taking it inside. I actually park on the street next to the station due to parking limitations. Should I only park in the street or use the lot? I could end up at stations with desgnated lots. Should I worry about the wording in the regs manauls or will I be able to carry it to and from work? Also, to ensure I am not giving a car thief a loaded gun, are there any known laws against having magazine with bullets in your possession if I remove the magazine and take it inside restricted buildings. Thank you, in advance, for your answers.

The interpretation of "in or about" would be up to your human resources department since that's an administrative rule written by the city. Legally, you're fine as in you're not going to be arrested for having a gun in your car, but if they found out, they could take disciplinary action against you, including possibly termination. It wouldn't necessarily matter if it's in their lot or on the street. You can pretty much be fired for anything.

There's no law against keeping ammo on you, even in legally restricted places, but again, your employer could say no.

Your best hope is the Employer Parking Lot bill that will be introduced in the legislative session next month. Contact your state senator and representative to make sure they're supporting it.

Brian

BrianSW99 wrote:
There's no law against keeping ammo on you, even in legally restricted places, but again, your employer could say no.

Your best hope is the Employer Parking Lot bill that will be introduced in the legislative session next month. Contact your state senator and representative to make sure they're supporting it.

Brian

Our handbook says "Weapons or weapon components (i.e. bullets) are prohibited".

So, I wonder at what distance they can legally call "about" premises without infringing on my rights? If I do start driving in with it and stay off their property I should be safe. What if I bought a house across the street from my station? I mean I would be about their premises but, in my house which is given the same rights as my car now right? The drive to and from work, I am not on the clock nor on duty yet so I am not breaking their rules, I am a citizen with a CHL at that point.

If you park on the street, they can't touch you, as you are compliant with the policy. Now, they can certainly trump something up if they want to get rid of you, but when you are parked off-premises, in some place not under their managerial control, I don't believe they can use their firearms policy as a reason.

LTPumper12 wrote:So, I wonder at what distance they can legally call "about" premises without infringing on my rights? If I do start driving in with it and stay off their property I should be safe. What if I bought a house across the street from my station? I mean I would be about their premises but, in my house which is given the same rights as my car now right? The drive to and from work, I am not on the clock nor on duty yet so I am not breaking their rules, I am a citizen with a CHL at that point.

When you're talking about employment policies, they can pretty much make up whatever rules they want. As long as they don't discriminate based on one of the federally protected classes, like age, sex, etc, they can infringe on your rights all they want and it's generally ok, because by voluntarily working there, you are consenting to having those rights infringed. Texas is an at-will employment state. They can fire for any reason as long as it's not for those protected reasons. So, to answer your question, I think there really is no limit to what they can call "about" the premises. They could say, you can't work there if you even own a gun, if they wanted to.

That's why the Employer Parking Lot bill is so important. It would legally prevent them from adopting those types of rules.

WELCOME !!!!!!!!!

I understand under "Castle Doctrine" that my car

I understand what you meant, but Terminology, which you'll want to search for or pick up on later:

"Castle Doctrine" (primarily concerns things like duty to retreat and justification and civil liability and other things in and around the home)

Motorist Protection Act or MPA concerns cars with guns, even without a CHL

Preemption ... Local Government Code 229.001 see below; restricts city's ability to pass laws regarding firearms in certain circumstances and locations, specifically CHLs.

place of employment is a city building

City's ability to pass laws restricting firearms (search forum for Preemption Local Government Code or 229.001 ) http://www.statutes.legis.state.tx.us/D ... tm#229.001" onclick="window.open(this.href);return false;
and excerpts from that simplified here (regarding city parks/fishing lakes, but you'll get the general idea):
viewtopic.php?f=53&t=39975&p=480276&hil ... de#p480276" onclick="window.open(this.href);return false;

advised to follow their employee handbooks

Now they may pass Employee Policies if you work for the city; getting fired is not good
Employer policies stated in an employee handbook can get you fired, but not arrested,unless there is effective notice, and if it's a CITY employee handbook ..., the 30.06 "effective notice" in an employee handbook ... see Local Government Code 229.001 above, still probably unenforceable, (since it is city/city property) as far as "being against the law" (getting arrested) but can get you fired.
(As opposed to a private employer on private property with a proper 30.06 notice in the employee handbook where one could be arrested and fired)

Study carefully 30.06, and Local Government Code 229.001

Employer Parking Lot bill ... legislation for 2011
Write your Congress people about the Parking Lot bill

Get a lock steel box/car gun safe.

I'm not a lawyer