TexasCHLforum.com

The Annoyed Man wrote:

jbarn wrote:I disagree. And I think you meant 1(b). However, a CHL is not a protected activity. It is just not illegal to carry with a CHL. Smoking in public is not illegal, but an employer can have smoking policies.

Also see this;

From the CHL law, Texas Government Code 411

Sec. 411.203. RIGHTS OF EMPLOYERS. This subchapter does not prevent or otherwise limit the right of a public or private employer to prohibit persons who are licensed under this subchapter from carrying a concealed handgun on the premises of the business. In this section, "premises" has the meaning assigned by Section 46.035(f)(3), Penal Code.

I think the courts would allow reasonable inquiries of employees to ascertain compliance with a policy consistent with this law.

Yes, I meant 1(b). I have fat fingers, and my laptop apparently doesn't have fat keys.

CHL is protected to the extent that it is not only legally available to those who qualify (we are a SHALL issue state), but the law proactively protects the identities of CHL holders from non-LEO queries. Just because a corporation asks, and not a private individual, or a reporter, that does not make the requrest any more likely to be answered. The law is clear. The requrest must come from an LEO or some other link in the chain of justice. That specifically excludes corporations. I see no conflict with 411.203. An employer has a right to bar CHLs from carrying into/onto the premises; and a CHL is bound by law to comply with written company policy if it gives the CHL holder proper notice and/or if they post 30.06 signage; but the law does NOT give employers an automatic right to know who has a CHL, and who does not. If they want to keep CHLs out, they can follow the law just like we have to follow the law. They can ask the question until they are blue in the face, but I am not required by law to answer it truthfully, and absent the state giving them the information, they'll never know.

Yes, I will lie to protect my rights. I would lie on their forms, and I would lie if asked in person. What are they going to do? They can suspect I am lying, but they can't prove it. They can fire me for something else, even something trumped up, but they will have to do so within the law. If they do so wrongfully in terms of Texas employment law and I can prove it, then I can retire early.....and the way to prove it is to always insist on your right to have an up to date copy of everyting in your employee file. But they can't fire me for having a CHL or for lying on the form, because they cannot know that I have one unless I tell them.