30.06 sign and employee parking lot

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  • Sapper740

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    Here's a question for the legal experts. The large company I work for has a secured employee parking lot with a cardreader and automatic gate for entry. There is a correct 30.06 sign on the entry gate. Historically, the company has fired employees who have been found with firearms in their vehicles. My understanding of Texas State law is that employers must provide equally secure parking for CHL holders as for non-CHL holders, correct? I've asked fellow CHL holders at work about requesting alternate secure parking and have been warned not to. Here's my convoluted legality question: is there legal precedent for suing a company for damages from an incident where I was unarmed due to their "illegal" policy which may have turned out differently had I been armed?
     
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    If you work on federally owned property like the Lockheed plant in FW you can't take a gun in as is federal property.
    The government doesn't trust you.

    Sent from my SGH-M919 using Tapatalk
     

    Sapper740

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    txinvestigator

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    Sapper, I am not aware that Texas law requires "equally secure parking for CHL holders and non CHL holders".

    Texas does have a law that generally prevents employers from prohibiting employees from having lawfully possesed ammunition or firearms in the employee vehicles on company parking lots, with several exceptions

    What type of industry are you in?


    Texas Labor Code
    Sec. 52.061. RESTRICTION ON PROHIBITING EMPLOYEE ACCESS TO OR STORAGE OF FIREARM OR AMMUNITION. A public or private employer may not prohibit an employee who holds a license to carry a concealed handgun under Subchapter H, Chapter 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, Sec. 1, eff. September 1, 2011.


    Sec. 52.062. EXCEPTIONS. (a) Section 52.061 does not:
    (1) authorize a person who holds a license to carry a concealed 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 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.
    (b) Section 52.061 does not prohibit an employer from prohibiting an employee who holds a license to carry a concealed 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.
     

    Sapper740

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    TXI - Data center operations for a private corporation. I thought I had heard something a while back when Perry expanded the "Castle" doctrine to include "any where you had the legal Right to be" that separate but equally secure parking had to be provided if your company restricted keeping a firearm in your vehicle. Our vehicles aren't searched but an employee was fired when after his vehicle was burgled it came to light he had his pistol in it.
     

    txinvestigator

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    TXI - Data center operations for a private corporation. I thought I had heard something a while back when Perry expanded the "Castle" doctrine to include "any where you had the legal Right to be" that separate but equally secure parking had to be provided if your company restricted keeping a firearm in your vehicle. Our vehicles aren't searched but an employee was fired when after his vehicle was burgled it came to light he had his pistol in it.

    The Castle Doctrine and where you can carry and separate laws. The Castle Doctrine actually does not address where you can carry. It made changes to the use of force laws in chapter 9 of the penal code. Specifically, the "anywhere you have a right to be" is in regards to section 9.31 and 9.32 stating that a person who is present at a location where he has a right to be, did not provoke the other person and was not engaged in a crime is not required to retreat before using justified force or deadly force.

    The law above in the labor code is the only law that addresses keeping your handgun in your car at work. It would not appear your employer is one exempt from the law, so your employer is liable under that law. However, there is no penalty in the law for employers who violate it.

    Nice, huh?
     
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    Why don't you just go read the law itself. I did when it came out and if I can understand it I'm pretty sure anyone can.

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    txinvestigator

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    Why don't you just go read the law itself. I did when it came out and if I can understand it I'm pretty sure anyone can.

    Sent from my SGH-M919 using Tapatalk

    Often, the law can be murky at best. I posted the law in this thread, and I am sure he read it.
     

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