Pistol in truck at work

[RobertTheTexan]

Had this issue, Parking lots are legal in Texas for companies.


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What exactly are you saying? Legal for companies to restrict firearms in POV’s in the parking lot? Kinda cryptic. Lol




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[NavyVet1959]

I'd be screwed either way. I find fired and unfired cartridges of all kinds every time I dig in my truck.

I know the feeling... It makes it just so much more interesting when I drive down to Mexico...

 

[majormadmax]

Double tap.

 

[majormadmax]

Had this issue, Parking lots are legal in Texas for companies.

Restrictions due apply for other organizations.

Companies can keep out of buildings IF they display 30.06 signs

There are numerous ways a person can be terminated without breaking the law, such as violating company policy, especially in an 'at will' employment state...

 

[oldag]

You obviously do not understand "employment at will". The employer doesn't need any reason in order to decide to fire you in such a situation. If they find you had a firearm in your vehicle, they will just exercise their option of firing you BECAUSE, and state no reason at all.

"Employment at will" does NOT give employers carte blanche. This is a common misperception.

 

[Txrooster]

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

Actually they can fire you if they have a 'rule' regarding certain weapons or firearms on THEIR property. I work for an oil company that allows concealed carry permit holders to leave their weapons in their vehicles but do not have provisions in their rules to allow weapons under provisions of the Castle Doctrine carry provisions.

 

[seeker_two]

"Can employers prohibit workers from storing licensed handguns in their private vehicles?

Generally, no. In 2011, Senate Bill No. 321 was signed into law. Under SB 321, most public and private employers in Texas may not prohibit employees, who hold a license to carry a handgun, from transporting or storing a lawfully possessed rearm in the employee’s locked, privately owned motor vehicle in a parking lot, parking garage or other area provided by the employer. Of course, there are several exceptions, including, vehicles leased or owned by the employer; vehicles parked in lots owned or controlled by schools; or specified properties owned or leased by chemical manufacturers or oil and gas refiners. "

http://www.legis.state.tx.us/tlodocs/82R/billtext/pdf/SB00321F.pdf

The public school exemption was removed in the 2017 session.

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[oldag]

Actually they can fire you if they have a 'rule' regarding certain weapons or firearms on THEIR property. I work for an oil company that allows concealed carry permit holders to leave their weapons in their vehicles but do not have provisions in their rules to allow weapons under provisions of the Castle Doctrine carry provisions.

Actually, no. As long as you are abiding by the state law, they cannot fire you for having a firearm in your locked car.

 

[majormadmax]

Actually, no. As long as you are abiding by the state law, they cannot fire you for having a firearm in your locked car.

Wanna bet?

 

[jray1536]

Our instructor brought it up yesterday.... signs are for carrying in buildings, in vehicles is fine.. not sure why they’re posted at parking lot entrances though

 

[majormadmax]

Our instructor brought it up yesterday.... signs are for carrying in buildings, in vehicles is fine.. not sure why they’re posted at parking lot entrances though

From a legal aspect that is correct; but if the company policy is no firearms on their property, it can be cause for dismissal.

 

[Younggun]

Actually they can fire you if they have a 'rule' regarding certain weapons or firearms on THEIR property. I work for an oil company that allows concealed carry permit holders to leave their weapons in their vehicles but do not have provisions in their rules to allow weapons under provisions of the Castle Doctrine carry provisions.

Nothing about carrying in your vehicle has anything to do with "castle doctrine".

 

[RobertTheTexan]

Don’t we have a Gun Trust Lawyer amongst our little population? Not saying this is up his alley specifically, but I’d bet a box of ammo he can confirm what I expect has been correctly identified as ground truth. This is prime feeding ground for the barracks lawyer.



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[Wildcat Diva]

Nothing about carrying in your vehicle has anything to do with "castle doctrine".

Yes, it does.

“Texas Penal Code §9.31 (governing the justified use of non-deadly force) and §9.32 (governing the justified use of deadly force) are our state’s version of the Castle Doctrine. Just proving that everything is bigger in Texas, our law extends the “Castle Doctrine” beyond your residence to include your occupied vehicle and workplace.”
...
“Turning to the subject of vehicles, Texas Penal Code §30.01 defines a vehicle “as any device, in, on, or by which any person or property is or may be propelled, moved, or drawn in the normal course of commerce or transportation.” This is a very broad definition and appears to include anything that carries people or property from one place to another, including cars, trucks, boats, airplanes, golf carts, etc. The important point to remember is that you or someone else must be occupying the vehicle to be given the presumption of reasonableness under Texas Penal Code §9.31 and §9.32.”

 

[smittyb]

OP, I think I know where you work.

 

[diesel1959]

"Employment at will" does NOT give employers carte blanche. This is a common misperception.

If they let you go and state no reason, then it would be up to you to PROVE that the reason (if any) they had was unlawful. That's pretty damn close to carte blanche, bucko. If they keep their traps shut and don't document in writing anything about such unlawful reasons (such as age, sex, race discrimination), then the worker and the worker's attorney are pretty much stuck like Chuck.

 

[diesel1959]

Yes, it does.
“Texas Penal Code §9.31 (governing the justified use of non-deadly force) and §9.32 (governing the justified use of deadly force) are our state’s version of the Castle Doctrine. Just proving that everything is bigger in Texas, our law extends the “Castle Doctrine” beyond your residence to include your occupied vehicle and workplace.”
...
“Turning to the subject of vehicles, Texas Penal Code §30.01 defines a vehicle “as any device, in, on, or by which any person or property is or may be propelled, moved, or drawn in the normal course of commerce or transportation.” This is a very broad definition and appears to include anything that carries people or property from one place to another, including cars, trucks, boats, airplanes, golf carts, etc. The important point to remember is that you or someone else must be occupying the vehicle to be given the presumption of reasonableness under Texas Penal Code §9.31 and §9.32.”

But that is inapplicable during the time when you are parked at work and NOT inside your vehicle because YOU OR SOMEONE ELSE MUST BE OCCUPYING YOUR VEHICLE. Castle Doctrine refers to presumptions of reasonableness of force used, NOT anything to do with whether having a firearm in the vehicle itself is lawful or allowable in an employer's parking lot.

 

[seeker_two]

If they let you go and state no reason, then it would be up to you to PROVE that the reason (if any) they had was unlawful. That's pretty damn close to carte blanche, bucko. If they keep their traps shut and don't document in writing anything about such unlawful reasons (such as age, sex, race discrimination), then the worker and the worker's attorney are pretty much stuck like Chuck.

If they don't document a reason, the termination will likely be against company policy and allow you to seek unemployment benefits and other actions. Can't fire for cause if there's no cause documented.

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[diesel1959]

If they don't document a reason, the termination will likely be against company policy and allow you to seek unemployment benefits and other actions. Can't fire for cause if there's no cause documented.

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you don't "get it"--they can say they're not "firing for cause", they're "firing because they are firing you". That's what "at will" means. It only becomes important if they actually state a cause AND that cause is one for which you have some sort of protection. Protections can be found in discrimination law, the employee handbook, and other places; however, the very basis of "employment at will" is that the employee can leave at any time for any reason they choose and the employer can sever the employee at any time for no reason stated at all. They can merely state that your services are no longer required--especially if you are still under your probationary period.

If you work for a company that offers more protection than that, then your employment is NOT "at will". It is then under a sort of contract bounded by the protections of the employee manual, any signed agreement, and certain aspects of employment law.

 

[ZX9RCAM]

If one is fired, can they get unemployment?
I thought it was only available if "laid off ".