TexasCHLforum.com

too-tall wrote:Has there been a case yet where the employer forbid a CHL'er from having a gun in his automobile, and who was attacked on the way to or from work?

None of which I am aware.

Chas.

Trespass by a CHL holder is governed only by Penal Code Section 30.06. We are all familiar with the "notice" as provided by the 30.06 sign and its required language, but notice can also be verbal and the spoken notice need not follow the language of the 30.06 sign. If your employer verbally told you, either individually or in a group such as an orientation, that no firearms are allowed on the property, then you have received "notice" under Section 30.06. If the prohibition on having firearms on the employer's property is only in a handbook, then the written language must meet the requirements of Section 30.06 to apply to CHL holders. I've never seen one that did.

Please note, this deals only with potential prosecution for trespass; you can still be fired for violating company policy. Section 30.06 is set out below.

Regards,
Chas.

§ 30.06. TRESPASS BY HOLDER OF LICENSE TO CARRY
CONCEALED HANDGUN. (a) A license holder commits an offense if the
license holder:
(1) carries a handgun under the authority of
Subchapter H, Chapter 411, Government Code, on property of another
without effective consent; and
(2) received notice that:
(A) entry on the property by a license holder
with a concealed handgun was forbidden; or
(B) remaining on the property with a concealed
handgun was forbidden and failed to depart.
(b) For purposes of this section, a person receives notice
if the owner of the property or someone with apparent authority to
act for the owner provides notice to the person by oral or written
communication.
(c) In this section:
(1) "Entry" has the meaning assigned by Section
30.05(b).
(2) "License holder" has the meaning assigned by
Section 46.035(f).
(3) "Written communication" means:
(A) a card or other document on which is written
language identical to the following: "Pursuant to Section 30.06,
Penal Code (trespass by holder of license to carry a concealed
handgun), a person licensed under Subchapter H, Chapter 411,
Government Code (concealed handgun law), may not enter this
property with a concealed handgun"; or
(B) a sign posted on the property that:
(i) includes the language described by
Paragraph (A) in both English and Spanish;
(ii) appears in contrasting colors with
block letters at least one inch in height; and
(iii) is displayed in a conspicuous manner
clearly visible to the public.
(d) An offense under this section is a Class A misdemeanor.
(e) It is an exception to the application of this section
that the property on which the license holder carries a handgun is
owned or leased by a governmental entity and is not a premises or
other place on which the license holder is prohibited from carrying
the handgun under Section 46.03 or 46.035.