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by Skiprr
Sun Sep 21, 2008 1:16 am
Forum: General Texas CHL Discussion
Topic: Cant carry at the gocery store
Replies: 29
Views: 3305

Re: Cant carry at the gocery store

flb_78 wrote:I don't see how they can legally do anything against you while you are off the clock. I'd just carry and not worry about it.
That depends upon how the employer has handled the actual notification. If no oral notification has been given and the no-guns stipulation is printed in the employee manual in text that does not conform to 30.06, the employer can't have you charged with criminal trespass. It doesn't matter whether you're on the clock or off. If you've been given oral notification by someone in apparent authority over the property, that sticks forever just as if the property had been posted with a valid 30.06 sign. Again, it doesn't matter whether or not you're on the clock, or whether you're an employee or not; 30.06 makes no distinction between employees and non-employees.

'Course, as Pinkycatcher noted, Texas is a right-to-work state, so an employer can technically terminate you for looking cross-eyed, no trespass law needed.

What exactly property is as it pertains to 30.06 isn't as crystal clear as it could be. For example, most grocery stores I've seen are located in shopping centers where they share contiguous parking areas with other tenants. The grocery store may own the shopping center and parking area and lease to other tenants, or it may be a tenant itself and pay rent for a comensurate number of parking spaces. Regardless, I think that's one example that blurs the issue of "property" under 30.06 when it comes to the legality of bkjunk keeping a handgun locked in the car.

Clarifying these kinds of issues is one reason the so-called "parking lot bill" is so important to get passed when when it comes up again in the 2009 Texas legislative session.

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