If the written language in the employee manual is not exactly 30.06, then it is not legally binding for arrest. Verbal notification IS equivalent to 30.06. Disclaimer, IANALBrianSW99 wrote:In the CHL class I took this last Saturday, the instructor told us that an employer can give notice to the employee either verbally or written into the policy manual, and that it does not have to comply with 30.06 to be legal notice. There was also a question on the DPS CHL test to this effect.
Most folks here are advising, and it was my own belief, that if the written notice in the policy manual was not in the 30.06 language it was not legal notice under 30.06. Does anyone know what the actual law is on this?
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- Wed May 13, 2009 10:14 am
- Forum: General Texas CHL Discussion
- Topic: Concealed carry at work
- Replies: 41
- Views: 5480
Re: Concealed carry at work
- Wed May 06, 2009 10:42 am
- Forum: General Texas CHL Discussion
- Topic: Concealed carry at work
- Replies: 41
- Views: 5480
Re: Concealed carry at work
Don't get me wrong. Notice is notice from an employment standpoint. The only requirement I am talking about is the LEGAL ramifications. It must be a 30.06 or oral notice to arrest you. As always, written notice to not do something is good enough to fire you over, but they can't legally have you arrested.Purplehood wrote:I see the two as the same thing. Apparently you do not. Don't mistake me for supporting the employer's stance, as I don't.
One benefit of this website is seeing the same situation through so many different perspectives. Here I am, completely against restrictions of firearms in the workplace. Then another poster goes and brings up the employer's point of view in one word, Liability. I admit I am dense at times, but that really cleared alot of things up for me.
If an employer gives me any kind of notice, verbal or written, I am personally going to consider it valid notice regardless of the legality. That is just me. Of course, so far that has not occurred at my workplace.
- Wed May 06, 2009 10:20 am
- Forum: General Texas CHL Discussion
- Topic: Concealed carry at work
- Replies: 41
- Views: 5480
Re: Concealed carry at work
How?? I get written notice annually of company policy and it requires that I acknowledge I have READ it and will abide via a signature. There is never any VERBAL notification given to me.Purplehood wrote:I don't see that flying at all. Signing that you received written notice is tantamount to having received verbal notice, and vice versa.barres wrote:I'm no lawyer, but I would think that would only make it easier for them to fire him. I don't see how this impacts whether or not he can be prosecuted. He signed that he received written notice of a "No firearms policy," not that he received verbal notice of that policy. And the written notice that he acknowledged that he received is not 30.06 compliant.bdickens wrote:Yes, absolutely. Now the company has doccumented that you understand and agree to the policy. You can no longer claim that you didn't know.
Hopefully, state law will preclude those sorts of policies soon.
- Wed May 06, 2009 10:01 am
- Forum: General Texas CHL Discussion
- Topic: Concealed carry at work
- Replies: 41
- Views: 5480
Re: Concealed carry at work
barres wrote:I'm no lawyer, but I would think that would only make it easier for them to fire him. I don't see how this impacts whether or not he can be prosecuted. He signed that he received written notice of a "No firearms policy," not that he received verbal notice of that policy. And the written notice that he acknowledged that he received is not 30.06 compliant.bdickens wrote:Yes, absolutely. Now the company has doccumented that you understand and agree to the policy. You can no longer claim that you didn't know.
Hopefully, state law will preclude those sorts of policies soon.