Concealed carry at work

[formerfury]

Can an employer forbid you from carrying a gun to work? I read the Texas penal code as far as carrying and i am very confused on that matter. I have asked several people and have had several different answers.

[CainA]

Yes, verbally or 30.06 sign or 51%(depending on type of business).

-Cain

[Crossfire]

The answer is "yes", your employer can prohibit you from carrying at work. And here is the penal code reference from Page 27 of the LS-16:

GC §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.

[reubjames]

I'd like to revive this slightly old post. I'll search around for more info on other post too.

My employer recently changed the company policy from one that did not specifically prohibit CHL carry at work to one that now says:

"Possession, use or sale of weapons, firearms or explosives on work premises, while operating company machinery, equipment or vehicles for work-related purposes or while engaged in company business off premises is forbidden except where expressly authorized by the company and permitted by state and local laws. This policy applies to all employees, including but not limited to, those who have a valid permit to carry a firearm."

So, for the last 4 years I've been able to carry at work, now I'm not legally allowed. I understand that part. I'm not happy about it though.

I believe that the change was brought about because we outsourced our HR department and they revamped all our company policies. Most of them just got more legalese and I imagine they are all boilerplate policies that the new HR department puts out for all their clients. I don't think this was an active decision by our owner. I think the owner just accepted most of the policies on the word of the HR company without knowing some of the implications. He certainly has the power to change the policy if he wants, I just don't know if he's friendly to CHL.

I know that the VP of my department has a CHL and probably doesn't like this policy as well. He may be a potential ally.

How could I go about trying to change this policy without drawing unnecessary attention to myself? Are there organizations out there that would help put pressure on the employer to change this policy? It might be a losing battle but I feel it's worth looking into.

[CWOOD]

reubjames, If your only notice of the new policy was the written info you have mentioned, then, if they learn you are carrying at work, they can fire you but cannot charge you with a crime.

If someone in authority has told you orally, and you carry, they can fire you and prosecute you. The same is true if you have been given written notice in compliance with the 30.06 wording, or if they have a sign in compliance with 30.06.

[reubjames]

Thanks CWOOD. I believe I've come to the same conclusion after reading a little more.

No 30.06 signs and no oral communications at my work place.

I was just worried that it would be illegal for me to carry since they gave me written notice. I'm a little more at ease now that I know the wording of any written notice has to match the 30.06 wording to be cause for prosecution.

My conclusion is I can carry at work at the risk of my job but not prosecution.

[bdickens]

Did you have to sign anything saying you've been briefed on the company policy?

[reubjames]

We did have to sign a form stating that we recieved the new policies. Would this change things?

[bdickens]

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.

[barres]

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.

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.

[Keith B]

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.

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.

[Purplehood]

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.

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.

I don't see that flying at all. Signing that you received written notice is tantamount to having received verbal notice, and vice versa.

[Keith B]

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.

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.

I don't see that flying at all. Signing that you received written notice is tantamount to having received verbal notice, and vice versa.

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]

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.

[Keith B]

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.

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.