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Carry at work question....

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    #16
    There are two questions, one is civil and one is criminal.

    For criminal, to be lawfully arrested, an officer must have probable cause that you received notice that carrying was not allowed as required under PC 30.06. That can be a sign or card with the required words or simply telling you orally. To be successfully prosecuted, the DA will have to prove beyond a reasonable doubt that that you received such a notice and entered a property or fail to leave after being given the notice.

    The other issue is civil. With minor limitations, you can be fired for any reason that the employer wants which certainly includes breaking rules that you have been notified of. If an employer tells you not to bring a gun on the property and you do, it is likely "so long".

    One basically has nothing to do with the other.

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      #17
      I work in a secured facility with only 3-4 other people in the building with me... park 15 ft from the door, so locking it in the car isn't a big deal for me...

      However, there was a time when I worked in downtown houston, when it was a 1/2 mile walk from the car to the office...

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        #18
        What they dont know want hurt them.

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          #19
          Originally posted by 125Dad View Post
          What they dont know want hurt them.
          X2 its called concealed carry for a reason. What they dont know cant get you fired

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            #20
            Originally posted by mmoses View Post
            As of September 1, 2011, employers that own parking lots/garages may no longer ban employees from storing firearms in their vehicles on their property. This pertains to BOTH CHL and non-CHL holders.
            Yep, SB 321

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              #21
              The law did change in that it allows a legal gun owner to posses in their locked vehicle guns or ammo in a company parking lot. You can't be arrested for having it there but I believe that there was never anything put into the law to stop a company from firing you. No repercussions if you will...
              Is this not correct?

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                #22
                My boss is ok with it.

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                  #23
                  Originally posted by WCB View Post
                  The law did change in that it allows a legal gun owner to posses in their locked vehicle guns or ammo in a company parking lot. You can't be arrested for having it there but I believe that there was never anything put into the law to stop a company from firing you. No repercussions if you will...
                  Is this not correct?
                  This is the entire new law as far as restrictions and any penalties or limitations on the employer/employee.

                  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.


                  The law has other parts about the employers not being liable for damages if the employee goes off, etc. I see nothing in the law that keeps you from being terminated however it is in the chapter of the Labor Code on Protection On Labor. I assume that means the employer must comply with the law or the employee has grounds for a lawsuit.

                  I can see no the penalty attached for the violation of that law by an employer.

                  I am also assuming that if an employer cannot ban you from a CHL possessed handgun in your vehicle, it would negate the PC 30.06 Trespass law for CHL holders but I haven't seen any cases on it yet.

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                    #24
                    If you've been given written and verbal notification that you cannot carry at work.....you are risking your job by doing so.

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