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by ScottDLS
Thu Jul 03, 2014 3:36 pm
Forum: General Texas CHL Discussion
Topic: Employer Parking Lots question
Replies: 18
Views: 5589

Re: Employer Parking Lots question

Wodathunkit wrote:Visitor parking falls into the same criteria, it is on the company property. Typically the plants also fall into the federal trade commission (FTC) so it reaches above the standard 30.06. I violate this law everyday. :mad5. It's a real shame too. I can tell you which laws I'm violating, the people who would cause harm can't, and don't read the signs.
I believe it would be difficult to get convicted of crime if as a visitor you have a CHL and leave a HANDGUN in the car. You may however be banned from the property if they find out.

TXPC 46.02 (unlawful carrying of weapons) does not apply because of the exemption 46.02(a-1) "MPA".
TXPC 30.06 (TRESPASS BY HOLDER OF LICENSE TO CARRY CONCEALED HANDGUN) doesn't apply even if they are properly posted because you are not carrying under authority of your CHL...as long as the handgun remains in the car.
TXPC 30.05 (CRIMINAL TRESPASS) has a DEFENSE
(f) It is a defense to prosecution under this section that:
(1) the basis on which entry on the property or land or in the building was
forbidden is that entry with a handgun was forbidden; and
(2) the person was carrying a concealed handgun and a license issued under
Subchapter H, Chapter 411, Government Code, to carry a concealed handgun.
Note the DEFENSE is available if you were "carrying" the gun and the license. Not carrying UNDER THE AUTHORITY of the license, which you would not be unless you exited the car with a gun.

I'm not sure why the Federal Trade Commission would have any criminal jurisdiction over a production plant, unless it was related to anti-trust violations in interstate commerce, which seems unlikely.

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