TexasCHLforum.com

thetexan wrote:
For this not to be the case there would need to be a statute that states that in Texas one can not be terminated from employment for carrying a legally possessed weapon in the employer's parking lot. Then a employer's parking lot gun possessor would be a legally protected class against the
Texas doctrine of "free will" termination.

tex

SA_Steve wrote:Every city has a couple / three dozen employment lawyers that keep busy successfully extorting money from employers.

joe817 wrote:I'm no attorney for sure, but the way I read the law, and interpret it is that IF an employer fires an employee for storing a gun in his/her privately owned vehicle, in company parking lot, then the employer is in violation of LC §52.06, and can be sued for wrongful termination, or other damages.

Anyway, that's how I read it. YMMV.

oohrah wrote:Again wrong. The law protects the employee from prosecution for violating a law. It cannot protect an employee from company policies. And I know 30.06 only applies to "premises" (the legal definition). The parking lot law would protect you from being fired for that reason, but it doesn't matter.

Texas is an "at will" employment state. You can quit anytime you want, and you can be let go any time they want. No reasons have to be given. Example - layoffs.

Now, you have brought up discrimination issues. Yes, these are valid, and an employee can sue and try to prove this, and receive damages. But it doesn't change the basic "at will" situation.

oohrah wrote:Wrong. In Texas, you can be fired for any reason. In fact, you can be fired for no reason. You can also quit with no notice and no reason.

But you cannot be prosecuted. That's the difference.

You can be prosecuted if you violate a 30.06 sign.

LC §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.

oohrah wrote:Yes, they can do that. And they can fire you for violating company policy. In fact, they can fire you without any reason. And of course, you can quit for any reason. Texas "free will".

Can they call the cops and have you arrested? No. You would not be breaking the law, if you left your weapon in your car.
How would they know?

However, if they posted 30.06 on the buildings, or asked you to leave and you didn't, you would be guilty of trespassing.

gmfitter wrote:My employer (hence the screen name) prohibits guns in the building AND the parking lot.
Can they do that??

Sec. 52.062. EXCEPTIONS. (a) Section 52.061 does not:

(1) apply where the possession of a firearm or ammunition is prohibited by state or federal law; or

(A) a vehicle owned or leased by a public or private employer

(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, (unless they provide a secure monitored parking area)