Can someone explain the 30.06 posting...

[BigAggie06]

I will preface this with stating that I am not a CHL holder but plan on becoming one in due time.

My company has a no gun policy. As far as a can recall our main office in the Woodlands does not have any postings.

Today I am working out of a different office and noticed a 30.06 posting as I walked in. What does this actually mean?

Can businesses take legal action against you if you do carry in the building solely because they have the posting? I was always under the impression that a company with a no gun policy could take disciplinary action (I.e. Termination) if you disobeyed the policy but that there was no legal recourse for them.

 

[Texas1911]

1) You cannot carry inside the building without a CHL.
2) A CHL holder cannot carry inside of a building marked with a proper 30.06 sign.
3) The business cannot take legal action against you, but you can be arrested and put in jail and have your rights to a CHL revoked for disobeying #2.
4) As an employee, the handbook or posted policies of the company serve as your notice. They don't have to post 30.06 to prevent their employees from carrying.

If you feel that carrying inside the building is worth risking your job, CHL, and jail time over, then I would highly recommend finding a more hospitable work environment.

 

[prometheus]

In Texas, you can be fired for anything at any time period. This is a right to work state. Secondly, if your employer has a no gun policy then dont let them know youre packin and thirdly, if you employer has a legal 30.06 posted and youre caught packing, you can lose your CHL and it constitutes criminal tresspass which is actually you deliberatley comitting a crime and you can be prosecuted for it.

"When SHTF, If A has bullets but no food, and B has food but no bullets, then A has food."

 

[TxDad]

My job has a sign for no guns, but its not the 30.06. So anyone can carry, EXCEPT the employees. I dont agree with this, but im not the boss.

 

[BigAggie06]

Thanks for the info.

TxDad I believe I have the same situation at my home office as I have never seen the 30.06 posting on that building.

 

[Bithabus]

Also, the sign must be perfect or it does not apply. One wrong letter makes it meaningless. Also, if the property is owned or leased by the government the sign does not apply (unless the location is specifically listed in 46.035) Here are the rules:

Sec. 30.06. TRESPASS BY HOLDER OF LICENSE TO CARRY CONCEALED HANDGUN. (a) A license holder commits an offense if the license holder:
(1) carries a handgun under the authority of Subchapter H, Chapter 411, Government Code, on property of another without effective consent; and
(2) received notice that:
(A) entry on the property by a license holder with a concealed handgun was forbidden; or
(B) remaining on the property with a concealed handgun was forbidden and failed to depart.
(b) For purposes of this section, a person receives notice if the owner of the property or someone with apparent authority to act for the owner provides notice to the person by oral or written communication.
(c) In this section:
(1) "Entry" has the meaning assigned by Section 30.05(b).
(2) "License holder" has the meaning assigned by Section 46.035(f).
(3) "Written communication" means:
(A) a card or other document on which is written language identical to the following: "Pursuant to Section 30.06, Penal Code (trespass by holder of license to carry a concealed handgun), a person licensed under Subchapter H, Chapter 411, Government Code (concealed handgun law), may not enter this property with a concealed handgun"; or
(B) a sign posted on the property that:
(i) includes the language described by Paragraph (A) in both English and Spanish;
(ii) appears in contrasting colors with block letters at least one inch in height; and
(iii) is displayed in a conspicuous manner clearly visible to the public.
(d) An offense under this section is a Class A misdemeanor.
(e) It is an exception to the application of this section that the property on which the license holder carries a handgun is owned or leased by a governmental entity and is not a premises or other place on which the license holder is prohibited from carrying the handgun under Section 46.03 or 46.035.

 

[ZX9RCAM]

/\/\.....that oughta clear it right up, lol.

 

[Angered_Kabar]

Concealed means concealed.

But breaking the law is not something I would recommend.

 

[lalonguecarabine]

BigAggie06 - while Bithabus did post the correct law in post #6, the best advice to follow is from Texas1911 in the second post.
Don't go tempting fate.

 

[DrBart2]

BigAggie06 - while Bithabus did post the correct law in post #6, the best advice to follow is from Texas1911 in the second post.
Don't go tempting fate.

+1

 

[bkj]

Employers – may prohibit a CHL holder from carrying on the job and from keeping a firearm in their vehicle while on the employer’s property. A 30.06 sign is not required, notice may be verbally, be given at orientation , in a policy manual or any sign. If person receives notice in any way and carries they may be charged with a Class A misdemeanor

 

[txinvestigator]

Employers – may prohibit a CHL holder from carrying on the job and from keeping a firearm in their vehicle while on the employer’s property. A 30.06 sign is not required, notice may be verbally, be given at orientation , in a policy manual or any sign. If person receives notice in any way and carries they may be charged with a Class A misdemeanor

The last part is incorrect. Unless the notice complies with the requirements of 30.06 a person cannot be criminally charged. Non compliant notice to an employee CAN result in the person being terminated.

Also, from another post, a right to work state refers to one in which employee cannot be forced to join a union. Texas is one, but an "at will" state is one in which no cause is needed to terminate someone. Texas is an at will state also

 

[verge]

The last part is incorrect. Unless the notice complies with the requirements of 30.06 a person cannot be criminally charged. Non compliant notice to an employee CAN result in the person being terminated.

You took the words write off my keyboard. A notice that"Firearms or other weapons are not allowed on work premises" or other such language printed in your employee handbook is enough notification to allow you to be terminated however it is not sufficient to allow criminal charges tobe pursued.

 

[Texasjack]

I suspect most companies won't allow employees to carry firearms because to do otherwise would make them liable if something bad happened.

At least the new parking lot law will allow us to keep them in our vehicles.

 

[LUC3NT]

BigAggie06 - while Bithabus did post the correct law in post #6, the best advice to follow is from Texas1911 in the second post.
Don't go tempting fate.

This

 

[Bithabus]

BigAggie06 - while Bithabus did post the correct law in post #6, the best advice to follow is from Texas1911 in the second post.
Don't go tempting fate.

OK, since 2 people quoted your post I have to ask.

Why should a citizen who is not breaking any laws have to worry about this?

 

[Red78]

@ Bithaus - if I understand your question correctly, because of this

2) A CHL holder cannot carry inside of a building marked with a proper 30.06 sign.

If you carry into an establishment with a proper 30.06 sign posted, you ARE breaking the law.

 

[Bithabus]

@ Bithaus - if I understand your question correctly, because of this If you carry into an establishment with a proper 30.06 sign posted, you ARE breaking the law.

Not if the sign is improper, or the building is owned or leased by a governmental entity and the location is not listed in 46.035. The government has to obey the law also.

 

[ROGER4314]

At the last company I worked for, we had written orders not to have weapons in the building or in our vehicles. That is their right. Had it been a 30.06 sign, I may have obeyed it.

I worked nights and drove through Houston at 2am so it was worth the risk of loosing my job for having my little buddy in my vehicle. You just need to choose what's important to you.........being alive or being employed. They worked me 80 hours per week forever so it would have been a relief to get fired for having my carry piece. In the end, I told them to shove the job, anyway.

About a month ago, I got vocal with a pawn shop owner when I saw his 30.06 sign posted in a corner, behind his gun rack among other signs and junk. I told him that it wasn't fair for him to expect me to respect his wishes if he hid the sign out of plain view. That shop was a part of a chain and later, I noticed that all of their local stores had the 30.06 signs moved to the front in full view.

Flash

 

[txinvestigator]

About a month ago, I got vocal with a pawn shop owner when I saw his 30.06 sign posted in a corner, behind his gun rack among other signs and junk. I told him that it wasn't fair for him to expect me to respect his wishes if he hid the sign out of plain view. That shop was a part of a chain and later, I noticed that all of their local stores had the 30.06 signs moved to the front in full view.

Flash

So you shot yourself in the foot. (no pun intended)