Search found 3 matches

by NcongruNt
Sun Mar 11, 2007 11:52 pm
Forum: General Texas CHL Discussion
Topic: Need some opinions please
Replies: 28
Views: 3920

quidni wrote:I do understand that if I carry at the office, & am found out, under current law they have the right to fire me for violating departmental policy (or even for no reason at all). Since I really like my job, right now I'm content to keep my "little friend" safely locked inside my vehicle (which I can see right outside the window next to my desk), as it's a public parking lot & not state property.

But what you're saying, in effect, is that these two sections (copied verbatim) from the HR manual do not meet the "effective notice" qualifications for employers?

Weapons
Employees will not carry or keep firearms or any other weapons on department property or at any time while working for or representing the department. This includes firearms or other weapons kept in vehicles that are parked on state property.

<snip>

Behavior Problems: Behavior problems warranting disciplinary attention include, but are not limited to:

* carrying a weapon (concealed or otherwise) during work hours, or while carrying out official duties on or off state property. This includes keeping weapons in vehicles parked on state property.
Also, they have no say over having your gun in your car in the parking lot. IMO, that parking lot policy is a lawsuit waiting to happen (as they have been recently for the same reasons), especially if a state government agency is unduly impeding the Second Amendment rights of its employess, where the law spells out that they have no legal grounding to do so. Obviously, there are exceptions in the law, but it does not seem like that is the situation here.

All that said, not many people want to become the legal case that reinforces the law.
by NcongruNt
Sun Mar 11, 2007 6:36 pm
Forum: General Texas CHL Discussion
Topic: Need some opinions please
Replies: 28
Views: 3920

9mmGuy wrote:
NcongruNt wrote:We had some similar discussion on this topic regarding a post of mine (http://www.texasshooting.com/TexasCHL_F ... sc&start=0)in this forum. Does the handbook/policy specifically have the 30.06 wording in it? If no, you are not legally obliged to not carry unless you are verbally told by your manager that you cannot carry.

The situation you're in seems to be far and above better than mine, as you report directly to the owner, and he is a CHL holder. If he does not tell you specifically that you cannot carry, and the specific 30.06 wording is not in the handbook, then you are legally covered. I'd personally be comfortable carrying in such a situation. My guess is that a CHL-carrying boss isn't gonna fire you for carrying, and he should know the law well enough to tell you specifically that you cannot carry if those were his wishes.
No. it can be written or verbal from an employer. the company manuel does not have to be 30.06 wording.
Reading from my handbook, written notification as defined in 30.06 (2)(c)(3) states that it indeed has to be in exact 30.06 language. I agree that it does not necessarily have to be in the manual, but if prohibited in writing, must be in exact 30.06 language.

But I'm new to this, and maybe I missed an exemption somewhere having to do with employers.
by NcongruNt
Sun Mar 11, 2007 3:15 pm
Forum: General Texas CHL Discussion
Topic: Need some opinions please
Replies: 28
Views: 3920

We had some similar discussion on this topic regarding a post of mine (http://www.texasshooting.com/TexasCHL_F ... sc&start=0)in this forum. Does the handbook/policy specifically have the 30.06 wording in it? If no, you are not legally obliged to not carry unless you are verbally told by your manager that you cannot carry.

The situation you're in seems to be far and above better than mine, as you report directly to the owner, and he is a CHL holder. If he does not tell you specifically that you cannot carry, and the specific 30.06 wording is not in the handbook, then you are legally covered. I'd personally be comfortable carrying in such a situation. My guess is that a CHL-carrying boss isn't gonna fire you for carrying, and he should know the law well enough to tell you specifically that you cannot carry if those were his wishes.

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