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Good Afternoon all, New to the forum, been peeking for some time time now and thought I would go ahead and join in. Got a question about SB321 that went into effect back in September. I was visiting my LGS awhile back and he was doing a refreasher course and during his class he talking about 411.203 (Rights of Employers) and guns in the parking lot. I didn't want to question him during the class, so I left and returned a couple of weeks later and ask him if he knew about the new law that went in to effect in Sept.(SB321) and that it was in the Labor Code under 52.061. He quickly informed me that the two had nothing to do with each other and employers still had the right to enforce company policies if they so desired. He even went on to say that he receives updates from DPS and nothing has changed. Am I wrong in thinking that SB321 overrides 411.203 of the Penal Code or am I missing something?

From first glance, 411.203 speaks of licensed carry on the premises. Texas considers the premises to be a building, not a parking lot. SB321 was an effort to further define the difference between the two.

I hope I did not say that badly.

Your instructor is wrong.

SB321 prohibits an employer, except a refinery or school, from making rules about you keeping a legally owned firearm in your locked vehicle. Your employer still has the right to prohibit you from removing the gun from the vehicle and carrying in the parking lot or building.

So, depending on exactly what the instructor was talking about, if he was referring to the building, then they were correct. If talking about IN your car in the parking lot, then they were incorrect.

Keith B wrote:SB321 prohibits an employer, except a refinery or school, from making rules about you keeping a legally owned firearm in your locked vehicle. Your employer still has the right to prohibit you from removing the gun from the vehicle and carrying in the parking lot or building.

So, depending on exactly what the instructor was talking about, if he was referring to the building, then they were correct. If talking about IN your car in the parking lot, then they were incorrect.

, but unfortunately there was no penalty included for non-compliance. So, many companies, mine included, have not changed a thing in their policy and are just going to wait and see what if anything happens to a company that doesn't comply with the new law.

Even in the car, concealed is concealed. I'm not testing corporate attitudes or policies. Its best they do not know.

Keith B wrote:SB321 prohibits an employer, except a refinery or school, from making rules about you keeping a legally owned firearm in your locked vehicle. Your employer still has the right to prohibit you from removing the gun from the vehicle and carrying in the parking lot or building.

So, depending on exactly what the instructor was talking about, if he was referring to the building, then they were correct. If talking about IN your car in the parking lot, then they were incorrect.

Welcome to the forum polekitty!

Hey thanks Texanrob. I kinda thought he was mistaken, but no sense in getting into an arguement with him over it. I'm sure he will figure it out soon enough. Besides when teaching a class as important as CHL, it's best to err on the side of caution and teach what you know for sure. Our company as very strict policies concerning certain things in my line of work and will not change that policy (like many others) even if it does get challanged else where. I'm guessing they will leave it for the ones that need or want to know about SB321 to figure it out for them selves. There are several of us there with CHL's that followed the bill as it was going through the system that to the best of my knowledge have not gone around telling others that we can carry in the car now as of Sept.

polekitty wrote:Besides when teaching a class as important as CHL, it's best to err on the side of caution and teach what you know for sure.

Welcome to the forum polekitty. I think it's important for the instructor to find out the correct information before teaching something that is false.

polekitty wrote:Hey thanks Texanrob. I kinda thought he was mistaken, but no sense in getting into an arguement with him over it. I'm sure he will figure it out soon enough. Besides when teaching a class as important as CHL, it's best to err on the side of caution and teach what you know for sure. Our company as very strict policies concerning certain things in my line of work and will not change that policy (like many others) even if it does get challanged else where. I'm guessing they will leave it for the ones that need or want to know about SB321 to figure it out for them selves. There are several of us there with CHL's that followed the bill as it was going through the system that to the best of my knowledge have not gone around telling others that we can carry in the car now as of Sept.

An effective tactic is to ask for the statute that supports a person's false opinion. You will likely get one of the following responses.

1. It will frustrate them when they cannot find it and they will just say they know it's there, but couldn't find it.
2. Point you to a statute that doesn't support their claim and try to twist it so that it will.
3. Tell you that "premises" means whatever property they own.
4. Tell you that they've made their intent clear.

Employer: It has come to our attention that you are keeping a gun in your car.
Employee: That’s right
Employer: You know it is against company policy for anyone to bring a firearm onto company property.
Employee: Yes but there is a new law that says I can keep my gun in my car.
Employer: I see OK

One week later:

Employer: We no longer need your services. Security will escort you out of the building. Have a nice day.

bkj wrote:Employee: Yes but there is a new law that says I can keep my gun in my car.
Employer: I see OK

One week later:

Employer: We no longer need your services. Security will escort you out of the building. Have a nice day.

at will state, this is my fear. for now concealed is concealed. and, if for some wierd reason they ever wanted to search my car I will not be good at remembering the combination to the portable safe. Dang kids always messing with it don't ya know. if they can't see in the safe, maybe I'll be safe. I'll hope that it would never get that far.

jimlongley wrote:Your instructor is wrong.

Not only wrong, but if he is receiving updates from the DPS, I'd like to know about it. I have heard many CHL instructors complain that they don't receive any.

In regards to the parking lot bill... I was told the parking lot bill excludes "critical infrastructure" such as power plants, nuke sites, refineries, etc as this is by federal law. I have tried googling this and cannot find it. Since I know there are so many "facts" that people tell about CHL that just isn't so, is this one of them or does anyone know about these exceptions?