Workplace Gun Storage Question

[The Count]

I'm wanting to know what the law states/doesn't state about storing a gun at your place of employment. I conceal carry basically everywhere except work. It isn't something I can do in my line of work as a mechanic, at least not in a reasonable way. So I was wanting to know what I can do in terms of conceal carrying into work, and storing my rig in my toolbox. Would this be legal? The box is lockable if that matters and is in a location where no one other than my boss/co-workers could see me disarm (and they are completely o.k. with my conceal carrying and the idea of having a gun in my toolbox).

[jbarn]

I'm wanting to know what the law states/doesn't state about storing a gun at your place of employment.

The law does not specifically address that. Keep in mind that there is an offense called Making a Firearm Accessible to a Child;

Texas Penal Code
Sec. 46.13. MAKING A FIREARM ACCESSIBLE TO A CHILD. (a) In this section:
(1) "Child" means a person younger than 17 years of age.
(2) "Readily dischargeable firearm" means a firearm that is loaded with ammunition, whether or not a round is in the chamber.
(3) "Secure" means to take steps that a reasonable person would take to prevent the access to a readily dischargeable firearm by a child, including but not limited to placing a firearm in a locked container or temporarily rendering the firearm inoperable by a trigger lock or other means.
(b) A person commits an offense if a child gains access to a readily dischargeable firearm and the person with criminal negligence:
(1) failed to secure the firearm; or
(2) left the firearm in a place to which the person knew or should have known the child would gain access.
(c) It is an affirmative defense to prosecution under this section that the child's access to the firearm:
(1) was supervised by a person older than 18 years of age and was for hunting, sporting, or other lawful purposes;
(2) consisted of lawful defense by the child of people or property;
(3) was gained by entering property in violation of this code; or
(4) occurred during a time when the actor was engaged in an agricultural enterprise.
(d) Except as provided by Subsection (e), an offense under this section is a Class C misdemeanor.
(e) An offense under this section is a Class A misdemeanor if the child discharges the firearm and causes death or serious bodily injury to himself or another person.

Criminal Negligence is defined

Sec. 6.03. DEFINITIONS OF CULPABLE MENTAL STATES.
(d) A person acts with criminal negligence, or is criminally negligent, with respect to circumstances surrounding his conduct or the result of his conduct when he ought to be aware of a substantial and unjustifiable risk that the circumstances exist or the result will occur. The risk must be of such a nature and degree that the failure to perceive it constitutes a gross deviation from the standard of care that an ordinary person would exercise under all the circumstances as viewed from the actor's standpoint.

Where you store it is going to be important from a safety standpoint. Where is that toolbox in relation to where others can access your firearm? I think if you lock it you are fine.

[Tic Tac]

I'm pretty sure a handgun in a saddlebag was on or about ones person according to case law, so I think a toolbox, laptop bag, or a purse would be too.

[jbarn]

I'm pretty sure a handgun in a saddlebag was on or about ones person according to case law, so I think a toolbox, laptop bag, or a purse would be too.

I don't get your point.

[howdy]

Can you just lock it in your vehicle? They make little gun safes that cable to the inside of the vehicle and are fairly secure. (this safe would fit in a tool box too) I guess you want it close by you when you work, but if it is locked in a tool box, it would not be a very "quick grab" if you needed it. As long as the place is not 30.06 and you have not received a verbal warning, I see no legal problem with what you are asking, IANAL

[The Count]

I store it locked in my vehicle now, and have for years. But I wanted to see what my other options were. It would be locked in a specific drawer of my toolbox, which would be much more accessible than if it were locked in my truck. If a robbery were to occur in our office I typically have no way to escape my work bays except through that office. Which would leave me with very few options to control my own personal safety if I am unarmed.

And technically, due to OSHA regulations and the owner's policy, no one except employees are allowed in my work area anyway. There are signs stating this on the doors leading into the work area. But the gun would be locked in the toolbox regardless.

Thanks for the input as always!

[jmra]

I don't see how this would be any different than locking your gun in a locker at a gym. If there are no rules against CC'ing at your work, I don't see how securing it in a locked container in your possession would be inappropriate.