TexasCHLforum.com

Soccerdad1995 wrote:

twomillenium wrote:

Flightmare wrote:

BaleKlocoon wrote:I've also been told verbally, because I fought for them to change the policy in a meeting. They said they agree with me but their insurance company won't allow it, or will charge too much of a premium or something. I think they are worried about the liability if we leave the gun in the truck when we go into a bank or somewhere else we can't carry, and someone breaks into THEIR company truck and steals the gun and commits a crime with it.

Oh well, I guess it's pepper spray or finding a company that supports my natural rights.

I wonder what the result/cost of a lawsuit would be, if an employee suffered an injury or death because the company forced them to disarm.

Probably nothing, the employer did not force the employee to work for them, the individual chose to accept employment from the employer and become an employee and follow all legal policies set by the employer.

I think they might have a case. Ultimately it would depend on the jury, and whether they view possession of a gun as something that increases your safety or decreases it.

If the jury views possession of a gun as something that increases your safety, then the argument would be that the employer intentionally went out of their way to create an unsafe work environment. Similar to an employer that forbids employees from wearing proper shoes on a slippery floor. The employee may choose to still work there, but that doesn't completely absolve the employer from their obligation to look out for the employee's safety.

I have a hard time believing that such a case would be accepted in our current political climate. If it were, would you end up required to "prove" beyond reasonable doubt that the injured party would likely have not been harmed if he or she were carrying a self-defense weapon. Then of course you would be inclined to present evidence of any weapons training/certifications/proficiency that the person had/has. There are too many people out there who believe that a good guy with a gun is dangerous to society.

BaleKlocoon wrote:Here's my thought on why it may be against the law, and I'm no lawyer either. The truck is their property. I feel like a company policy against carrying in the truck might be similar to a business owner verbally telling me I can't carry in their store. Once a business owner tells me that, I can no longer legally carry in the store.

two thoughts:

1.) does written or verbal notice apply to the company truck, or just to "real property"? Can you be convicted for criminal trespass if the owner gave you control of the vehicle? I don't know the answer.

2.) Can you be convicted for UCW if you are carrying concealed or open under the authority of your handgun license in the company truck? I don't think that you could unless the handgun was off of your person and in plain view.

I don't see how you could be convicted of UCW as long as the handgun is concealed or carried openly in a belt or shoulder holster so long as you have a license. So, if they apply 30.06/30.07 then you are at risk of a Class C misdemeanor and a fine of up to $200, and possible termination of employment.

I would think though that you would be protected from UCW charges by the motorist protection act as well, but I don't know how they might argue that the vehicle was in fact not under your control. But, I don't think that it could protect your from a 30.06 violation if the owner's effective notice can be applied to the company truck since it is their property.

Maybe you need to get some pepper spray, a stun gun, or a taser and have the police dispatcher on speed dial.