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by BrianSW99
Sat Dec 03, 2011 7:21 pm
Forum: General Texas CHL Discussion
Topic: 30.06 sign @work???
Replies: 30
Views: 3554

Re: 30.06 sign @work???

JJVP wrote:
C-dub wrote:They can forbid you to carry inside the building, but unless they meet all three conditions spelled out in SB321 then this facility cannot prevent you from keeping your gun in your vehicle in the parking lot.
I have a different take on this. SB321 amends the labor code. The company cannot fire you because you, if you have a CHL, have a weapon on you car in the parking lot. That's fine. However, when they post a 30.06 sign on the parking lot, it is now the Penal Code that is violated. The way I see it, you cannot be fired, but you could be arrested. I believe that SB321 left a loophole that some companies are now exploiting. IANAL so I might be all wrong, but that is the way I see it. I believe company lawyers are seeing the same way because I keep seeing posts here of people indicating that their companies are now posting the parking lots with 30.06 signs. An easy fix would be to change 30.06 from "property" to "premises". That would mean that parking lots could not be posted. As I said IANAL.
IANAL, but my personal view on this is that 30.06 on a parking lot doesn't apply to a gun kept in your vehicle. A 30.06 sign only applies to someone carrying under the authority of their CHL. A CHL gives you an exemption to the crime of unlawfully carrying a weapon (gun) in PC46.02. It's not a crime under PC46.02 to have a gun in your own vehicle. You don't need an exemption or the authority of your CHL to do something that is not otherwise illegal. Therefore, I would say you're not carrying under the authority of your CHL when you are in your own vehicle and the 30.06 sign wouldn't apply.

Brian

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