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  • jray1536

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    Jan 7, 2013
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    Watford City, North Dakota
    I am starting a new job next week and I was wondering if there were any exceptions to being able to have a pistol in your vehicle in the parking lot of work. I drove past where I will be working today and they had a bunch of “no guns allowed” signs at the entrances to the parking lots.
    I thought companies couldn’t prohibit employees from having firearms in their personal vehicles parked in the parking lot. What am I missing?
    Hurley's Gold
     

    MTA

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    From what I have heard, I am not a lawyer etc etc, having a gun in your personal vehicle in the parking lot of your work cannot be prohibited by an employer. However, that wont stop them from firing you since Texas is an employ at will state or whatever its called if they find out about this and don't like you.

    Someone will be by to tell you if this is correct or not
     

    pronstar

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    Our LTC class instructed us that parking lots are fine, they can't limite those.
    But you're right, you can be fired for any/no reason.

    How would they know unless...?
     

    Younggun

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    There are exceptions. I don't remember them all, but it seems like 3 or 4 exceptions.
     

    Charlie Primero

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    Nov 9, 2017
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    Forest Country
    ...any exceptions to being able to have a pistol in your vehicle in the parking lot

    I used to do on-site I.T. work where I traveled to private hospitals, public schools, and State agencies. There are some weird rules at places like mental health facilities and places dealing with troubled youth that prohibit guns in personal vehicles.

    Companies usually give new employees some type of Employee Handbook which lists their rules and regulations. If the prohibition is not listed there, ask some old-timers in a low-key way how strictly the rule is enforced.

    If the rule is enforced, you'll have to gamble how much you need the job versus how likely it is someone would discover your gun. I've seen that happen when employees got hurt on the job, or had a heart attack and a supervisor kindly drove their car home for them, and once when a car caught on fire and employees demanded keys to helpfully move other employees' cars away from it.
     

    dsgrey

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    Oct 25, 2015
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    Denton County
    From what I have heard, I am not a lawyer etc etc, having a gun in your personal vehicle in the parking lot of your work cannot be prohibited by an employer. However, that wont stop them from firing you since Texas is an employ at will state or whatever its called if they find out about this and don't like you.

    Someone will be by to tell you if this is correct or not

    This! When the corporation I work for was moving it's office about 2 years ago I was involved with some part of the planning which included working with our lawyers who I've known for years. We discussed and they admitted the corporation could not restrict vehicles in the parking lot but only the building.
     

    Charlie

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    'Top of the hill, Kerr County!
    If the prohibition is not listed there, ..............ask some old-timers in a low-key way how strictly the rule is enforced. .......................
    I would most definitely not do this! Just keep quiet and don't worry about it. And if you need a weapon to defend yourself, the company rules don't make a rats ass!
     

    sucker76

    Don't let the username fool you
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    Nov 15, 2015
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    Lake Jackson
    From what I have heard, I am not a lawyer etc etc, having a gun in your personal vehicle in the parking lot of your work cannot be prohibited by an employer. However, that wont stop them from firing you since Texas is an employ at will state or whatever its called if they find out about this and don't like you.

    Someone will be by to tell you if this is correct or not

    I'm not fully understanding this statement. if the state law allows guns in vehicles in employee parking lots how can a company fire an individual for that? Does the law not afford any personal protection from employers? i.e. the state doesn't care and leaves it 100% to employer policy? If that's the case why even waste paper on a toothless law?
     

    TreyG-20

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    I'm not fully understanding this statement. if the state law allows guns in vehicles in employee parking lots how can a company fire an individual for that? Does the law not afford any personal protection from employers? i.e. the state doesn't care and leaves it 100% to employer policy? If that's the case why even waste paper on a toothless law?
    At will employment state. You can be fired for any reason other than discrimination.
     

    sucker76

    Don't let the username fool you
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    Nov 15, 2015
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    Lake Jackson
    At will employment state. You can be fired for any reason other than discrimination.

    I understand the at will part but just like discrimination there are laws in place to prevent an employer from firing me based on say skin color. I thought this was a state law that protected the employee from firing.
     

    ZX9RCAM

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    I was always confused with the way my employer handled it. Employees were not allowed to carry, but they didn't post signs to "prevent" anybody else visiting from carrying.
     

    Lunyfringe

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    Sep 22, 2017
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    Canton, TX
    I understand the at will part but just like discrimination there are laws in place to prevent an employer from firing me based on say skin color. I thought this was a state law that protected the employee from firing.
    There is no such state law in TX... not sure if anywhere, but I think I've heard of it before.

    Yes, they could fire you if they discover it- and you could sue them for wrongful termination, your chances of winning would depend on the circumstances.

    I'm not a lawyer, so this is free advice from a layman.
     

    Younggun

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    Jul 31, 2011
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    http://www.statutes.legis.state.tx.us/Docs/LA/htm/LA.52.htm


    SUBCHAPTER G. RESTRICTIONS ON PROHIBITING EMPLOYEE TRANSPORTATION OR STORAGE OF CERTAIN FIREARMS OR AMMUNITION


    411, Government Code, who otherwise lawfully possesses a firearm, or who lawfully possesses ammunition from transporting or storing a firearm or ammunition the employee is authorized by law to possess in a locked, privately owned motor vehicle in a parking lot, parking garage, or other parking area the employer provides for employees.

    Added by Acts 2011, 82nd Leg., R.S., Ch. 1058 (S.B. 321), Sec. 1, eff. September 1, 2011.

    Amended by:

    Acts 2015, 84th Leg., R.S., Ch. 437 (H.B. 910), Sec. 30, eff. January 1, 2016.


    52.061 does not:

    (1) authorize a person who holds a license to carry a handgun under Subchapter H, Chapter 411, Government Code, who otherwise lawfully possesses a firearm, or who lawfully possesses ammunition to possess a firearm or ammunition on any property where the possession of a firearm or ammunition is prohibited by state or federal law; or

    (2) apply to:

    (A) a vehicle owned or leased by a public or private employer and used by an employee in the course and scope of the employee's employment, unless the employee is required to transport or store a firearm in the official discharge of the employee's duties;

    (B) a school district;

    (C) an open-enrollment charter school, as defined by Section 5.001, Education Code;

    (D) a private school, as defined by Section 22.081, Education Code;

    (E) property owned or controlled by a person, other than the employer, that is subject to a valid, unexpired oil, gas, or other mineral lease that contains a provision prohibiting the possession of firearms on the property; or

    (F) property owned or leased by a chemical manufacturer or oil and gas refiner with an air authorization under Chapter 382, Health and Safety Code, and on which the primary business conducted is the manufacture, use, storage, or transportation of hazardous, combustible, or explosive materials, except in regard to an employee who holds a license to carry a handgun under Subchapter H, Chapter 411, Government Code, and who stores a firearm or ammunition the employee is authorized by law to possess in a locked, privately owned motor vehicle in a parking lot, parking garage, or other parking area the employer provides for employees that is outside of a secured and restricted area:

    (i) that contains the physical plant;

    (ii) that is not open to the public; and

    (iii) the ingress into which is constantly monitored by security personnel.

    (b) Section 52.061 does not prohibit an employer from prohibiting an employee who holds a license to carry a handgun under Subchapter H, Chapter 411, Government Code, or who otherwise lawfully possesses a firearm, from possessing a firearm the employee is otherwise authorized by law to possess on the premises of the employer's business. In this subsection, "premises" has the meaning assigned by Section 46.035(f)(3), Penal Code.

    Added by Acts 2011, 82nd Leg., R.S., Ch. 1058 (S.B. 321), Sec. 1, eff. September 1, 2011.

    Amended by:

    Acts 2015, 84th Leg., R.S., Ch. 437 (H.B. 910), Sec. 30, eff. January 1, 2016.
     
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