Employee parking lot protection and Antique/replica Cannon

[CharlieH]

I recently got a replica 17th century cannon and would like to have it in my trunk while parked at work, until I can take it off site for an event. As a CHL holder would SB 321 protect me from my employers no weapons policy? Can you back this up? As a number of my co workers will be at the event I won't be able to keep it completely quiet.

My concern is that parts of the Texas Statute make exemptions for antique and replica weapons being a firearm, but it appears to only be the case if it would otherwise be an illegal firearm.

Thank you,
Charlie H.

[CharlieH]

I should follow up that my employer has stated they aren't really concerned with the cannon but they will not make any exceptions to the handbook. The parking lot portion prohibits weapons in the car unless the right is protected by state law.

[jbarn]

I recently got a replica 17th century cannon and would like to have it in my trunk while parked at work, until I can take it off site for an event. As a CHL holder would SB 321 protect me from my employers no weapons policy? Can you back this up? As a number of my co workers will be at the event I won't be able to keep it completely quiet.

My concern is that parts of the Texas Statute make exemptions for antique and replica weapons being a firearm, but it appears to only be the case if it would otherwise be an illegal firearm.

Thank you,
Charlie H.

Does it fire?

[Keith B]

I recently got a replica 17th century cannon and would like to have it in my trunk while parked at work, until I can take it off site for an event. As a CHL holder would SB 321 protect me from my employers no weapons policy? Can you back this up? As a number of my co workers will be at the event I won't be able to keep it completely quiet.

My concern is that parts of the Texas Statute make exemptions for antique and replica weapons being a firearm, but it appears to only be the case if it would otherwise be an illegal firearm.

Thank you,
Charlie H.

Per the penal code your replica 17th centruy cannon is not a firearm.

(3) "Firearm" means any device designed, made, or adapted to expel a projectile through a barrel by using the energy generated by an explosion or burning substance or any device readily convertible to that use. Firearm does not include a firearm that may have, as an integral part, a folding knife blade or other characteristics of weapons made illegal by this chapter and that is:
(A) an antique or curio firearm manufactured before 1899; or
(B) a replica of an antique or curio firearm manufactured before 1899, but only if the replica does not use rim fire or center fire ammunition.

The parking lot law only protects for keeping a firearm in the vehicle.

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.

[jimlongley]

And although the cannon would not be considered a firearm under state law, the business might very well still consider it a weapon.

[CharlieH]

Does it fire?[/quote]
Yes. With a fuse.

So would a 3/4" cannon that is at least 26" long be "a firearm that may have, as an integral part, a folding knife blade or other characteristics of weapons made illegal by this chapter?" It would seem to be a requirement before the other exemption would be applicable.

And yes, my employer does consider it a weapon, so this law is my only chance.

[Keith B]

Does it fire?

Yes. With a fuse.

So would a 3/4" cannon that is at least 26" long be "a firearm that may have, as an integral part, a folding knife blade or other characteristics of weapons made illegal by this chapter?" It would seem to be a requirement before the other exemption would be applicable.

And yes, my employer does consider it a weapon, so this law is my only chance.[/quote]

You must read the line properly.

(3) "Firearm" means any device designed, made, or adapted to expel a projectile through a barrel by using the energy generated by an explosion or burning substance or any device readily convertible to that use. Firearm does not include a firearm that may have, as an integral part, a folding knife blade or other characteristics of weapons made illegal by this chapter and that is:
(A) an antique or curio firearm manufactured before 1899; or
(B) a replica of an antique or curio firearm manufactured before 1899, but only if the replica does not use rim fire or center fire ammunition.

That may have is key. It may or may NOT have that integral part, but must meet the definition in (A) or (B)