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Workplace carry Q
Posted: Wed Feb 04, 2009 9:32 pm
by atxgun
If you work for a company that has a no carry policy I understand that means you cannot of course carry in the office, nor have it in your car in their parking lot.
What if your company is in a shared office complex they don't own but are just leasing? Do the same parking lot restrictions apply even though they don't own the property?
Re: Workplace carry Q
Posted: Wed Feb 04, 2009 10:02 pm
by Keith B
Unless your employer has the no guns policy in written 30.06 format or has verbally notified you that there is a no gun policy, then it is not against the law to carry. However, your employer can fire you for anything that they want. Whether they would fire you or not for violating the policy on the parking lot even if it doesn't belong to them is only a question they would be able to answer. And, if you ask them, I can bet the answer would be no. At that point, you have been verbally notified and it would be illegal to carry at work, but it would not be illegal to have it in your car if the parking lot is not controlled by them. But, they can still fire you.
Re: Workplace carry Q
Posted: Wed Feb 04, 2009 10:21 pm
by atxgun
Yeah the question was directed at the legality of it, not whether it would get you fired. I know TX is an "at will" employment state and as long as they aren't firing you based on discrimination b/c of race, religion etc, then it's up to when ever they feel like it. And I think that's the way it should be, frankly.
Hmmm, I wonder if I could come up w/ a religion based argument that would hold up in court which requires me to carry?
FTR, luckily my employer does not have such a policy.
Re: Workplace carry Q
Posted: Thu Feb 05, 2009 2:53 am
by asleepatthereel
atxgun wrote:
Hmmm, I wonder if I could come up w/ a religion based argument that would hold up in court which requires me to carry?
Im a follower of the Right Reverand John Moses Browning.
Re: Workplace carry Q
Posted: Thu Feb 05, 2009 5:55 am
by Morgan
We COULD start a church....
Re: Workplace carry Q
Posted: Thu Feb 05, 2009 8:56 am
by Keith B
Morgan wrote:We COULD start a church....
Please don't. If you start a church, then everything we talk about on the forum becomes a discussion of religion, and that is against forum rules.
Re: Workplace carry Q
Posted: Fri Feb 06, 2009 10:21 am
by FTBL
Ok so my co. has a no weapons policy in the building or in vehicles! it is in our hand book BUT!
the owner asked me if i had my licsence yet and was exited for me when i told him yes! he asked me if i had it on me at the time i said no.Then he jokingly said "you should carry it on you in case someone comes in here and tries something " is this permision to carry at work?
Re: Workplace carry Q
Posted: Fri Feb 06, 2009 10:57 am
by KC5AV
I would consider that permission, BUT I'd ask him if I could get that in writing.
Re: Workplace carry Q
Posted: Fri Feb 06, 2009 11:16 am
by Keith B
FTBL wrote:Ok so my co. has a no weapons policy in the building or in vehicles! it is in our hand book BUT!
the owner asked me if i had my licsence yet and was exited for me when i told him yes! he asked me if i had it on me at the time i said no.Then he jokingly said "you should carry it on you in case someone comes in here and tries something " is this permision to carry at work?
I would ask the owner to revise the policy stating that a CHL is an exception. At least ask him to give you a signed note stating you are allowed to carry with a CHL. That way you would not be violating the rules and if any questions come up you are covered.
Re: Workplace carry Q
Posted: Fri Feb 06, 2009 11:42 am
by WildBill
Keith B wrote:I would ask the owner to revise the policy stating that a CHL is an exception. At least ask him to give you a signed note stating you are allowed to carry with a CHL. That way you would not be violating the rules and if any questions come up you are covered.
IANAL - I may be paranoid, but I would also make sure it was dated and had an expiration date so they couldn't come back and say they changed their mind later on. I would also probably have it notarized. Revising the policy is probably the best way to do it unless the owner wants to be selective about who can carry. Also FTBL should not tell
ANYBODY and make sure the boss doesn't tell anybody.
Re: Workplace carry Q
Posted: Fri Feb 06, 2009 12:34 pm
by FTBL
ok well my job is safe no matter what would i get in trouble if on the way to or from work i need to pull it (the gun) would a court or someone try to say i should not have it because it should not be at work?
Re: Workplace carry Q
Posted: Fri Feb 06, 2009 12:44 pm
by LarryH
FTBL wrote:ok well my job is safe no matter what would i get in trouble if on the way to or from work i need to pull it (the gun) would a court or someone try to say i should not have it because it should not be at work?
No. If you were legal to carry at the location of the incident, whether or not you could carry at work should not be an issue. I suppose a prosecutor could try to make it an issue, but . . .
Re: Workplace carry Q
Posted: Fri Feb 06, 2009 9:16 pm
by Morgan
if the prohibition is in the employee book, doesn't it need to be in 30.06 wording? I mean, your employer can fire you for anything anytime they darn well please, anyway.
It's a minimum of twice a month I'm happy I work for a security company that likes me to have a gun. :)
Re: Workplace carry Q
Posted: Sat Feb 07, 2009 9:27 am
by stevie_d_64
Keith B wrote:Morgan wrote:We COULD start a church....
Please don't. If you start a church, then everything we talk about on the forum becomes a discussion of religion, and that is against forum rules.
"Today we will be reading from the book of Primers, chapter 10, verse 11...Thou shalt not use nine millimeter in a forty five caliber firearm, for that is the way to eternal ridicule, and you will be spewed forth from my mouth like lukewarm water on a Summer day at the range..."
Re: Workplace carry Q
Posted: Sat Feb 07, 2009 9:31 am
by stevie_d_64
On a serious note...(Yeah, really, I can be serious!)
This issue is one of a personal nature...You have to make the call, is it worth risking your life, or your job...No one will make that call for those trying to decide...
All we can do is tell our stories and see if that may help those on the fence...Like just about every other issue discussed here...
I carry to work, and I carry from work...While I am at work, the firearm is secured...Nuff said...
The secret is to not let anyone (at work) get wise to the fact that you do...That is what I have found to be the secret to employment longevity...
Just my opinion...