Co-worker fired for bringing firearm to work

[Mic]

So, I go in to work last night and the rumors start flying. Confirmed in the morning.

One of the other guys who works at my place of employment was fired. Apparently, on the previous shift (Mon night), he had accidentally brought a loaded firearm to work in his backpack. Went in, worked all shift, but when he went to leave, his handgun showed up on the X-ray scanner. He was fired. Didn't know the guy, but apparently he was a pretty good fella from what some of my friends have told me. Sad to see.

Before the questions start flying of how did he get it in, our security team is there more for protection of intellectual property. So the metal detectors, scanners are there to check more for electronic devices - not to protect us from somebody bringing in a weapon.

It is company policy not to bring a firearm on company property, so he did screw up. Just really sucks. He obviously didn't do it on purpose. Supposedly, he does have a CHL, but that is just word of mouth as much of this is (but again, confirmed with a manager and one of the his buddies that this did happen).

BTW - I will refrain from mentioning the company. I'll just say a high tech manufacturing plant.

 

[hkusp1]

That sucks for the guy who got canned but rules is rules I guess. A guy my wife worked with shot his mouth off at the nurses station about how he was going to the range after work about 10 minutes later a floor manager and some security guys took him to his car and said either you let us search your car or your fired. He was fired either way because he had a gun in his car, it's a sad day we live in.

 

[kurt]

It all changes (in parking lots) next week.

 

[JADB]

It all changes (in parking lots) next week.

But can the employer still over rule that?

 

[Younggun]

i thought the law sates that en employee can bring a firearm to work and leave it locked up inside the vehicle in the parking lot, could have sworn i've seen that in another thread.

 

[ChunkyMonkey]

Sucks if he was a good guy who lost his job. Yeah, rules are rules. If he "forgot" he had a loaded weapon, that would worry me more. He probably said that in hopes of avoiding trouble, though he was carrying with his CHL. For the gun guys out there, I'd blatantly blast the company's name.

 

[majormadmax]

Unfortunately, it's the same reality that some of us have to live with. In fact, we can't even have weapons locked in our vehicles because of the base commander's policy (no, there is no Federal restriction against personal weapons on base, just in facilities). The new Texas law won't benefit those of us who work on military installations.

But the rules apply to everyone and if he was caught breaking them, those are the consequences. Inasmuch as it does suck, and it wasn't intentional, he has no one to blame but himself.

Cheers! M2

 

[prometheus]

Premises has been defined as in an actual structure, so technically, if your employer bans guns on company premises, it is not illegal to keep it locked up in the car, same as schools, you cant bring it in with you, but if its in your car, its legal. However, regardless of what the laws are, Texas is a "Right to work" state, and that being the case, your employer can fire you at any time for any reason, or no reason at all.
If you are going to keep a gun in your car(which I always do), dont let anyone know about it, dont talk about it with co-workers, especially in a large "PC" environment like giant tech manufacturers, or schools. The guy with the gun in the backpack deserved to get fired IMHO. He knew he worked at a place that had high security, xray and all that, and didnt have the presence of mind to ditch rosco before going in... Gross negligence!

 

[tmd11111]

I gotta ask. How the heck do you FORGET your carrying a gun? Sorry, I ain't buying that story. And if someone is that forgetful maybe they should take a step back and reassess themself.

 

[SC-Texas]

It's easy to forget you are carrying a gun if you carry it in your briefcase purse or backpack.

 

[navyguy]

If the employer has given notice, either with a 30.06, or written notice (policy manual etc) it would seem he (the guy fired) could actually be arrested and charged with unlawful carry.

The old "I didn't know/forgot it was in there" excuse never works. Remember ol Barry Switzer with a .38 in his luggage?

 

[tmd11111]

Not forgetting is part of the responsibility that comes with a CCW permit.

 

[Tejano Scott]

It could have happened to any of us. You hear stories of FBI, local cops, etc. leaving their weapons behind in bathrooms, etc. Just because its never happened to you, doesn't mean it can't. Very unfortunate for this guy, I wouldn't want to be looking for a job right now.

 

[prometheus]

It could have happened to any of us. You hear stories of FBI, local cops, etc. leaving their weapons behind in bathrooms, etc. Just because its never happened to you, doesn't mean it can't. Very unfortunate for this guy, I wouldn't want to be looking for a job right now.

Would you forget your kid in a bathroom etcetera? Roughly the same level of responsibility IMHO. Sure, you hear of it happening, kids left behind at malls, or in locked cars on a 100 degree day for 6 hours... people prone to being absent minded enough to leave their piece behind in a public bathroom shouldnt have them to begin with, but more to the point, if such negligence should occur, then they need to face the consequences. Like mentioned before, dudes lucky he didnt get arrested, have charges filed, or lose his CHL. Granted, what he did wasnt as bad as leaving a kid in the car, or leaving a gun behind in a public bathroom, but it was a bonehead move and he got what he had comming...

 

[ROGER4314]

In over 40 years of shooting, carrying and competing with firearms, I have never had an unintended discharge. In those years of reloading cartridges, there has never been a significant event due to sloppy reloading. I am ever vigilant and double check everything. That's the cost of engaging in an activity that has some inherent danger and it's the only way to keep yourself and others safe. Check, double check, and if you aren't certain.....check again.

You are describing complacency in the OP. Complacency will get you hurt around firearms. I'm sorry that the man was fired but he screwed up big time and paid the price. I worked nights in a factory in Houston and had to drive home at 2-3 am. I violated company rules and kept a carry gun in my car. That was a choice I made and I was willing to get fired if I got caught. I never took the piece inside.

Flash

 

[txinvestigator]

Premises has been defined as in an actual structure, so technically, if your employer bans guns on company premises, it is not illegal to keep it locked up in the car, same as schools, you cant bring it in with you, but if its in your car, its legal.

That s a common misconception. The term "premises" is defined differently in different parts of the penal code. For example, in 46.02 it means "real property". In 46.03 and 46.035 it means "a building or a portion of a building".

However, for 30.06, the law does not even use the term "premises"; rather, the term "property is used. If your employer gives you 30.06 notice you CAN be prosecuted for carry in the parking lot. That said, due to the changes in 46.02 that the motorist protection act added in 2007, a handgun in your car is no longer carried under the authority of a CHL. That means a handgun in you car is not a violation of 30.06.

However, regardless of what the laws are, Texas is a "Right to work" state, and that being the case, your employer can fire you at any time for any reason, or no reason at all.

A right to work state is one in which a person can not be forced to join a union. You are referring to an "At will" state. And you are correct, no cause required to terminate.

 

[txinvestigator]

If the employer has given notice, either with a 30.06, or written notice (policy manual etc) it would seem he (the guy fired) could actually be arrested and charged with unlawful carry.

Only 30.06 compliant notice can get a person criminally charged.

 

[prometheus]

Oh yea, thats right, employment at will, thanks for the correction.

 

[txinvestigator]

i thought the law sates that en employee can bring a firearm to work and leave it locked up inside the vehicle in the parking lot, could have sworn i've seen that in another thread.

The law to which you refer goes in effect Sept 1. The law is actually in the Texas Labor Code. Here is a little write up I did about it;

The 2011 Legislature added a protection for employees to possess handguns, firearms or ammunition in their vehicles on their employer’s parking lots. If you have a CHL your employer is prohibited under the Texas Labor Code from prohibiting you from having a firearm or ammunition in parking lots, garages and other parking areas. Some have said the law seems unclear to them if this law covers ONLY CHL holders, or if it also covers anyone who possesses a firearm under 46.02 (the car carry law). I read it as it covers those under 46.02 and a CHL, but unless there is case law I suggest you read for yourself or consult with an attorney.

There are exceptions to this law for employers. If possession of a firearm is prohibited by state or federal law, if the vehicle is owned or leased by the employer, open enrollment charter schools, school districts, private schools and if possession of a firearm is prohibited by a valid, unexpired oil, gas or other mineral lease on the property, are all locations and instances where employers CAN still prohibit carry.

Additionally, 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 concealed 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,

then they CAN prohibit carry.

The bill can be seen at: [URL="http://www.capitol.state.tx.us/tlodocs/82R/billtext/html/SB00321F.htm"]http://www.capitol.state.tx.us/tlodocs/82R/billtext/html/SB00321F.htm[/URL]

 

[Tejano Scott]

it was a bonehead move and he got what he had comming...

If you ever carry your weapon where you aren't supposed to, then I think you should apologize for that statement(or you might have it comming[sic]- lol humor/sarcasm intended). I personally think thats a bit harsh. He made a mistake, and he paid the price for it. Its that simple. Some may choose not to have any compassion for someone who just lost their job in a shitty economy for a stupid mistake, and that's your choice. But the fact of the matter is if LEOs with years of experience can forget their weapon in a bathroom stall(much more unforgiveable then what this guy did IMO), then Joe Blow CHL Holder might be human as well on occassion.

I'm not saying his firing wasn't justified. I'm saying some of you are pretty funny with your attitudes that humans are machines incapable of error. The reason its so funny is because you all act like it couldn't happen to you. NDs, forgetting weapon in your backpack, failing to protect weapons from kids, etc HAPPEN EVERY DAY to people just like YOU. And ironically, how many of those folks do you think had the attitude afterwards of "I thought it would never happen to me?" Complacency and ACTUALLY believing it won't happen to you, is the first step in it happening to you.