Oilfield Prohibition of Firearms.
Posted: Sat Nov 22, 2014 7:23 am
I have a question that I would like to bring up to our unofficial lawyers and Chas. I have a friend working out of El Paso, who works for a security company. He is a level two security guard working just over the border from Mexico, and he is a gate guard, logging truck's in and out of different ranches. I told him that it could be illegal for him to have his CCW stored in his vehicle, if the property has an active, unexpired oil lease, and prohibits weapons. I was returned with the question, "What does provision literally mean?" I could not answer that question with 100% accuracy, and it seems eerily vague. My understanding would be a sign, outlining the restrictions of the property, like most ranches do, prohibiting firearms, knives, alcohol, and so forth. His question, was that if his company has a general, "No Firearms Policy" unless he's a level three, does that mean his company can prohibit him from having his weapon in his vehicle even if there is no signage? He was also told he has to abide the policy of the company that contracts his, even though he has not signed to their policy's, seen them, read them, nor seen it posted at the entrance to the properties he works at.
I have a hard time swallowing, that a security guard of all people, working on the border as a gate guard, can be prohibited from having his Legal CCW in his vehicle if he has a CHL. It just does not seem right to me, and if they are not actively posting prohibiting firearms on that specific property, he shouldn't have to abide by his company's no firearms policy. I'd rather be judged by twelve then carried by six...
Any help on this guys/gals?
Below I have the section of the Labor code in question, up for view. The blue and red sections are relevant to the situation.
I have a hard time swallowing, that a security guard of all people, working on the border as a gate guard, can be prohibited from having his Legal CCW in his vehicle if he has a CHL. It just does not seem right to me, and if they are not actively posting prohibiting firearms on that specific property, he shouldn't have to abide by his company's no firearms policy. I'd rather be judged by twelve then carried by six...
Any help on this guys/gals?Below I have the section of the Labor code in question, up for view. The blue and red sections are relevant to the situation.
SUBCHAPTER G. RESTRICTIONS ON PROHIBITING EMPLOYEE TRANSPORTATION OR STORAGE OF CERTAIN FIREARMS OR AMMUNITION
Sec. 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.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1058 (S.B. 321), Sec. 1, eff. September 1, 2011.
Sec. 52.062. EXCEPTIONS. (a) Section 52.061 does not:
(1) authorize a person 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 to possess a firearm or ammunition on any property where the possession of a firearm or ammunition is prohibited by state or federal law; or
(2) apply to:
(A) a vehicle owned or leased by a public or private employer and used by an employee in the course and scope of the employee's employment, unless the employee is required to transport or store a firearm in the official discharge of the employee's duties;
(B) a school district;
(C) an open-enrollment charter school, as defined by Section 5.001, Education Code;
(D) a private school, as defined by Section 22.081, Education Code;
(E) property owned or controlled by a person, other than the employer, that is subject to a valid, unexpired oil, gas, or other mineral lease that contains a provision prohibiting the possession of firearms on the property; or
(F) property owned or leased by a chemical manufacturer or oil and gas refiner with an air authorization under Chapter 382, Health and Safety Code, and on which the primary business conducted is the manufacture, use, storage, or transportation of hazardous, combustible, or explosive materials, except in regard to an employee who holds a license to carry a concealed handgun under Subchapter H, Chapter 411, Government Code, and who stores 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 that is outside of a secured and restricted area:
(i) that contains the physical plant;
(ii) that is not open to the public; and
(iii) the ingress into which is constantly monitored by security personnel.
(b) Section 52.061 does not prohibit an employer from prohibiting an employee who holds a license to carry a concealed handgun under Subchapter H, Chapter 411, Government Code, or who otherwise lawfully possesses a firearm, from possessing a firearm the employee is otherwise authorized by law to possess on the premises of the employer's business. In this subsection, "premises" has the meaning assigned by Section 46.035(f)(3), Penal Code.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1058 (S.B. 321), Sec. 1, eff. September 1, 2011.
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