On the job. When can we legally carry?

[Bearles]

I am in the HVAC industry. The owner of the company is an avid gun owner and a big hunter. So, my problem is not with the company at all, but more with the federal, state and the local law. Since I received my LTC. I have received word that 3 of the employees are also seeking theirs. I didn't tell any of them of my intentions! But I think they all followed my instinct after California.
While my employer or myself would give a s*** if you walk into the office with an AR, We do have to meet the general public.
Personally, if you are well concealed I don't care much. I don't support OC into those situations. (follow through) Too much intimidation, can create a very uncomfortable situation during a sale. Lets face it, some people are just intimidated by guns, you are on personal property. Does not create a fuzzy situation for some..

Most of my vendors have told me they wouldn't mind if I carried, even after they have posted "non legal signs" at their doors. They all know it! It's some sort of feeble attempt to stop a robbery I guess. LOL

I open carry every morning on the way to work and every afternoon on the way home. When I get to work I drop my gun in my desk. Everyone knows it is there!

While researching I came across this from the Texas Gun Law web site." Further, employees do not have the right to store loaded firearms in a vehicle owned or leased by the employer."

While I shouldn't say this, I do it on a regular basis. I have been shot at twice over the years and one knife attack .

Are there any allowances for employees to legally carry a firearm?

 

[Dawico]

I believe that phrase implies that the employer has banned you from having a firearm in the vehicle. It doesn't sound like your situation at all.

 

[Mreed911]

Most of my vendors have told me they wouldn't mind if I carried, even after they have posted "non legal signs" at their doors. They all know it! It's some sort of feeble attempt to stop a robbery I guess. LOL

If your course was any good, you know exactly what those signs mean: sheep, feel safe - sheepdogs, carry on.

I open carry every morning on the way to work and every afternoon on the way home. When I get to work I drop my gun in my desk. Everyone knows it is there!

Not a good idea unless you're locking it to your desk. You should switch to concealed. You don't need to be providing others access to your weapon. Are any of them felons? That adds another wrinkle.

 

[Bearles]

I believe that phrase implies that the employer has banned you from having a firearm in the vehicle. It doesn't sound like your situation at all.

I so agree it doesn't apply. But Texas Gun Law web site seems to think it does.. The employer does not care so long as you legally carry.

 

[Younggun]

I so agree it doesn't apply. But Texas Gun Law web site seems to think it does.. The employer does not care so long as you legally carry.

It says you don't have the right.

That means if your employer says you can't, you can't. It's up to the employer to allow or disallow it. Not a right, in which case the employer would have no say.

Texas says (generally) you have the right to store a firearm locked inside your own vehicle. Employer can't disallow it.

See the difference?


Sent from my HAL 9000

 

[Bearles]

If your course was any good, you know exactly what those signs mean: sheep, feel safe - sheepdogs, carry on.

Most of the supply houses I deal with have known me for over 30 years. So they wouldn't give me a second thought if I walked in. But when I pointed out their non compliant signage, they already knew. So it's all a corporate decision!



Not a good idea unless you're locking it to your desk. You should switch to concealed. You don't need to be providing others access to your weapon. Are any of them felons? That adds another wrinkle.

All employees have to pass a background check before hire. Not as stringent as CJIC which I have done several times in the past few years. Most office personnel are of the female persuasion. Just so long as we can get past the PMS we are good! LOL

Field personnel have to be state registered with a background check done by the state.

 

[Bearles]

Guys, Just trying to keep it legal with a little fun.
I was at the office today when the owners wife came in with his 2 daughters. I'm not used to children any more! My youngest is 18!
My gun went from a drawer to a shelf once I became aware to the situation! I know i should have a better hiding spot. But how do you guys deal with this type of situation?

 

[Mreed911]

Guys, Just trying to keep it legal with a little fun.
I was at the office today when the owners wife came in with his 2 daughters. I'm not used to children any more! My youngest is 18!
My gun went from a drawer to a shelf once I became aware to the situation! I know i should have a better hiding spot. But how do you guys deal with this type of situation?

I carry on my person. If it's not on my person, it's locked up somewhere. Does your desk drawer lock? How about one of those small gun safe boxes for your desk drawer (less than $20)?

 

[Charlie]

OP, why don't you just carry concealed all day long? Maybe I missed something but I'm not sure what your concerns are.

 

[Dawico]

OP, why don't you just carry concealed all day long? Maybe I missed something but I'm not sure what your concerns are.

That is really whay I am thinking. Carry concealed all day long and be done with it. This would take care of most of your issues.

 

[txinvestigator]

While researching I came across this from the Texas Gun Law web site." Further, employees do not have the right to store loaded firearms in a vehicle owned or leased by the employer."


Are there any allowances for employees to legally carry a firearm?

The statement made above is based on a section of the The Texas Labor Code, 52.061. The website's conclusion is wrong.

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 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.

Sec. 52.062. EXCEPTIONS. (a) Section 52.061 does not:

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;

That law prevents your employer from keeping you from storing a gun in your car when you are on his parking lot. There is an exception if it is your employer's car. The law allows your employer to have a policy to keep firearms out of his vehicle.

This law applies to the right your employer has to have an enforce policy. It has nothing to do with your rights. The statement made by the Texas Gun Law website that you quoted is incorrect. It makes it read like you just can't do it at all, which is incorrect.

Hope this helps.

 

[txinvestigator]

I open carry every morning on the way to work and every afternoon on the way home. When I get to work I drop my gun in my desk. Everyone knows it is there!

Unless that desk is locked, doing that is grossly irresponsible and potentially criminal. Placing it on a "shelf" is no better.

 

[rp-]

This is all up to the employer. My employer chose to have the employees sign a paper stating they will not smoke in the company vehicle, do drugs or drink in the company vehicle, carry it store a firearm in the company vehicle, etc., etc. ...

I have spoken to my boss who is the owners son. He said no carry at work or in the work truck. When I get to the shop the pistol stays in my personal car.

Now with my particular service position I probably don't want to open carry to a bunch if customer houses all day for friendly business, and concealed is not practical for me due to bending, stooping, lifting, moving and otherwise bumping into things and getting into tight areas (it's ok to ooc that, I'm a pool guy ). This would limit my option to storing a firearm in my vehicle or in a tool bag. Neither of which I'm OK with anyways.

My final problem is storage in my vehicle. Our lot has been none to have not so good people (likely some of my less honest coworkers) breaking into cars. I just got a small storage safe for under the seat but I'm going to try to bolt it in the trunk today.

 

[itchin]

You work for a contractor? Or a wholesaler? Is the business part of a franchise?

 

[Bearles]

The statement made above is based on a section of the The Texas Labor Code, 52.061. The website's conclusion is wrong.



That law prevents your employer from keeping you from storing a gun in your car when you are on his parking lot. There is an exception if it is your employer's car. The law allows your employer to have a policy to keep firearms out of his vehicle.

This law applies to the right your employer has to have an enforce policy. It has nothing to do with your rights. The statement made by the Texas Gun Law website that you quoted is incorrect. It makes it read like you just can't do it at all, which is incorrect.

I had planned on doing more research on this this weekend. But this is exactly the answer I was looking for. Thanks txinvestigator!

We are a small company by some standards. And very gun friendly. We all own at least 1 or more. But only a couple are legal to carry. But we have a few that are seeking their LTC.

In my years in this industry I have been shot at twice. First time around 1990 when I just happened to walk into a drug deal gone bad to use a pay phone (before cell phones were common use)to call the answering service to pick up a call. The second time I was in the Fifth Ward in downtown Houston on a call.
Now in Management for the last 8 years I don't get that kind of exposure often but I know my guys can and do experience uncomfortable situations daily. I just want them to be legal and safe.

My big concerns about this is the liability in a given situation. One of my big arguments with my wife is about purse carry. She doesn't think twice about walking away from her basket to retrieve something from the shelf while shopping. She has already had 1 purse lifted because of this. Now she has just armed a common thief.
Over the years my techs have had their trucks broken into several times. Even myself in front of my house. OK, We put puck locks on the doors, they just break out the glass and grab what they can. We put locking cabinets in the front to store checks and documents. They just rip them open.

Use this scenario for example. Where does the liability fall??

Innocent person robbed and killed at gun point with stolen handgun. The handgun was inside of a company vehicle that was reported stolen. The driver of the vehicle was a holder of a current LTC . (In any case it may have been concealed which makes carry legal anyway)

Just want to cover all the bases..

Hope you all have a great weekend!

 

[itchin]

The person who had their truck broke into is responsible for the criminal shooting someone with the gun.

 

[Charlie]

Answer. DON'T leave your gun, purse, or wallet anywhere. It needs to be on your person (belt, pocket, or shoulder!). Very simple, really.

 

[itchin]

Answer. DON'T leave your gun, purse, or wallet anywhere. It needs to be on your person (belt, pocket, or shoulder!). Very simple, really.

Bullshit. I'm not allowed to carry into the building where I work, but by law can carry up to the point of me exiting my vehicle in the parking lot. I'll carry and leave my gun in my truck. Very simple, really.

 

[Bearles]

Answer. DON'T leave your gun, purse, or wallet anywhere. It needs to be on your person (belt, pocket, or shoulder!). Very simple, really.

I'm in the same boat with rp_. Although my employer is NOT against "legal carry". Its a little hard to go into a customers home and sell 1 million in product and services a year with a 357 strapped on your hip.

Secondly I am trying to keep the liability off of the company shoulders. Itchn says the driver is responsible. But you know there is going to be some attorney that is going to place blame on the company for allowing the driver to carry.

I'm just trying to write a policy that protects all persons involved.

 

[txinvestigator]

The person who had their truck broke into is responsible for the criminal shooting someone with the gun.

I think you meant to write "Is NOT responsible".