Commercial Vehicles
- Thread starter Dirty Dave
- Start date
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The following are exemptions. For example if the vehicle you drive is owned or leased by a public or private employer and used by you in the course and scope of your employment you cannot. Is what I understand.
Sec. 52.062. EXCEPTIONS. (a) Provides that 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
(Definitions), Education Code;
(D) a private school, as defined by Section 22.081 (Definitions),
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
or 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 (Clean
Air Act), 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 (License to Carry a
Concealed Handgun), Chapter 411 (Department of Public Safety of
the State of Texas), 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.
Sec. 52.062. EXCEPTIONS. (a) Provides that 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
(Definitions), Education Code;
(D) a private school, as defined by Section 22.081 (Definitions),
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
or 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 (Clean
Air Act), 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 (License to Carry a
Concealed Handgun), Chapter 411 (Department of Public Safety of
the State of Texas), 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.
i don't think the new laws specify anything other than being in control of the vehicle, most companies including mine do not allow it as a company policy.
Disclaimer: I'm a nobody and do not have a law degree, I could be completly wrong.
Damn, proved wrong before i finshed posting.
Disclaimer: I'm a nobody and do not have a law degree, I could be completly wrong.
Damn, proved wrong before i finshed posting.
Me too. Actually, my company policy demands it.
I am the only member of my transport company, so it isn't like I have much authority besides me. Since I am soon to be running nationwide, I guess I am going to have to change my policy. Some states don't look too kindly to guns in the vehicle.
txinvestigator
TGT Addict
Exceptions to what?
Cannot what? Carry a handgun with a CHL? Of course he can. This part of the LABOR code effects what a business can do, and does not prohibit the employee from doing anything nor does it give the employee any priviledge.
What the law you quoted DID do is uphold the employers right to restrict, via company policy, an employee from carrying in an employer owned vehicle. It does not make it UNLAWFUL to carry in spite of that policy.
It helps everyone if you cite the code from which you quote laws.
OP: There seems to be some belief among commercial drivers that they cannot carry in their commercial vehicles under either state or federal law. Neither is true. No federal or Texas law prohibits commercial drivers from carrying inside of their motor vehicles or one under their control, or under a CHL.
So basically, the law won't getcha, but your employer may!
ok, I left out the part the employer needed to prohibit it and that it wasn't a state or federal prohibit the act. I was trying to show that the employer could prohibit parking\ carrying in a vehicle owned or leased by a public or private employer.
From what i have read, if you have to enter a military base you must notify them at the gate and they will hold your gun and you pick it up when you leave, does anyone know for sure if this is correct..
BigBoss0311
Well-Known
That is correct, if they even bother to stop you.
There is NO federal regulation in the FMCSRs that prohibit a driver from carrying a weapon in the vehicle.....BUT, you are controlled by your company policy and the policy of the place you load or unload. I know of no place, such as a refinery or chemical plant that will allow it. Container and port facilities are generally off-limits because of their restrictions. The general rule of thumb among drivers is if the property has a gate and guards on duty, they will normally not allow you to bring your weapon with you. Some might store it for you, other might turn you around.
