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- Wed Aug 24, 2011 4:16 pm
- Forum: General Texas CHL Discussion
- Topic: Parking lot, parking lot what ya gonna do
- Replies: 29
- Views: 3802
Re: Parking lot, parking lot what ya gonna do
I am not going to "quote" all the same paragraphs above. I obviously agree with Canvasbck for the reasons he gave and what I was trying to say. This is a grey area to interpret because to me if it is confidential to government, (WE THE PEOPLE) are the government then it is confidential to everyone else. A company bending around the SB321law to make it harder seems to infringe on my right to keep my CHL private. That is all we are saying. And yes, as he noted, I hope Charles may comment on our interpretations.
- Wed Aug 24, 2011 10:30 am
- Forum: General Texas CHL Discussion
- Topic: Parking lot, parking lot what ya gonna do
- Replies: 29
- Views: 3802
Re: Parking lot, parking lot what ya gonna do
Yes, I have read this section too and I think this is a grey area, hence my comment defining "IF I UNDERSTAND THE LAW CORRECTLY". I am not "voluntarily" giving my status to be maintained by someone else. It has been a while since reading some threads about whether or not "other" groups can collect and maintain this information. The arguement made in the past was since it can not be given out by the state except to justice departments and I have to be notified that it was requested, then I assume if my employer collects it then they could give it out and not tell me. This may well get tested then as to who can collect and control a list of CHL holders. Imagine if you will, a group wants to know who has a license and they can not ask for it from the state, but they can collect it under the pretense of my employment depends on it if I tell my employer if I am licensed. Now who protects my rights? This is one of the points Canvasback was raising in treading close to the line of preventing our legal rights. If I am not mistaken under SB321 (correct me if wrong) the employer can not provide parking that separates or denotes us as CHL or MPA holders in a lot that then identifies us. I agree the GC411.192 covers how they (the State) do it. I am not pointing out they can not do it except as interpreted under GC411.192. Employers can do what they want, it is up to us to hold them to the law, and that is my point.sjfcontrol wrote:Umm, not quite true. by law (GC 411.192), DPS does not release a mailing list (or other list) of CHL holders -- but as far as I know, there is nothing in the law preventing a private individual or company from collecting that information when "voluntarily" offered. (If you know differently, please point out the statute in question.)gwashorn wrote: Canvasbck, I would also note that it is illegal for anyone to collect a list of holders of a CHL if I understand the law correctly. So to me, IMHO, IANAL, etc, etc, those forms best not try to determine how a person is legal to have the firearm as the SB321 allows. If they are asking whether I am a CHL holder, I for one would file a law suit to make a point of them and send a warning to the rest. Don't mess with TEXAS... that means us.
- Wed Aug 24, 2011 7:40 am
- Forum: General Texas CHL Discussion
- Topic: Parking lot, parking lot what ya gonna do
- Replies: 29
- Views: 3802
Re: Parking lot, parking lot what ya gonna do
Canvasbck, I would also note that it is illegal for anyone to collect a list of holders of a CHL if I understand the law correctly. So to me, IMHO, IANAL, etc, etc, those forms best not try to determine how a person is legal to have the firearm as the SB321 allows. If they are asking whether I am a CHL holder, I for one would file a law suit to make a point of them and send a warning to the rest. Don't mess with TEXAS... that means us.canvasbck wrote:As I have stated before, I'm the FSO for a chemical plant. As part of my role, I had to develop the policy for our facility to be in compliance with the new law. Being a CHL holder, I was obviously biased towards being as permissive as I could get away with. While developing our policy, we conference called with several other companies to get a feel for what the "industry standard" was going to be. It is suprising how many companies are planning on requiring "firearms declaration forms". From what I could gain from the companies that will be instituting this form, I HIGHLY recommend that you fill out the form if you plan on bringing a firearm on the premises. Many of them are looking for opportunities to discipline/fire folks for violating company policy. One company, that will not be mentioned by name, is even planning on making employees list the brand, model, and serial number of any firearms that you intend to bring onto the property. They have stated that any employee that brings on a firearm that has not been declared will face termination. They are getting away from this because they are not prohibiting the employee from bringing the firearm onto the property, they are "just setting company policies for those who chose to store a firearm in their vehicle". There is a host of other rules that many of them are putting on employees who utilize the new law.MoJo wrote:Thanks all, it is a chemical plant but, the parking lot is unfenced and not secured. I think the company is in the wrong demanding the employees register. I still don't have pockets deep enough to be the test case.
I have warned some of these companies that I believe that they are skating dangerously close to imposing a defacto ban on firearms by making it so difficult to comply with the companies' rules that very few would be in compliance. They didn't really care. I hope that someone is successful in sueing some of these Orwellian companies.
Suffice it to say that our facility has approved a procedure that not only comlies with the letter of the law, but also the spirit of the law. CHL holders will not have to fill out silly forms or identify themselves as someone who has a firearm. We will also not be conducting random searches with dogs, as I have heard several other companies are planning to do. I really hope the legislature fixes the overzealous companies that are planning on neutering this law.
