TexasCHLforum.com

apostate wrote:

C-dub wrote:I think #4 is no because if they cannot prohibit me from keeping it in my vehicle in the company parking lot then how could they elsewhere?

See Oldgringo's post above.

From a practical standpoint, how would they know? The same could be said for #7. But for gedankenexperiment purposes...

Yup.

Good night everyone. It's been a long day and there's still tomorrow.

Oldgringo wrote:In Texas, one can be fired at anytime for any reason except when one can't.

ITMT, DADT and concealed is concealed.

Got it?

And, fortunately for me, my company is so afraid of wrongful termination lawsuits for various reasons that they are meticulous about documenting legitimate reasons for terminating someone. Although they have not changed their policy yet, I have carried and left mine in my vehicle twice now.

apostate wrote:IMHO

1. Employer can prohibit employee from carrying in their building. (yes) (yes)
1a. Employer can prohibit employee from carrying outside their car in the parking lot, on the grounds and on other company real property. ( ) (yes)
2. Employer can prohibit employee from keeping gun in locked private vehicle in employer parking lot. (no) (no, except for exceptions in the law, such as school districts and chemical plants)
3. Employer can prohibit employee from carrying gun in vehicle owned or leased by employer anywhere. (yes) (yes)
4. Employer can prohibit employee from keeping gun in locked private vehicle anywhere while on company business. (no) (maybe - SB 321 is silent on the subject of roads and other non-parking areas)
5. Client can prohibit law firm's employee from keeping gun in locked private vehicle in client's parking lot. (yes maybe) (maybe - SB 321 is silent on parking areas the employer doesn't provide for the employee)
6. Client can prohibit law firm's employee from carrying gun on client premises. (yes) (yes)
7. Employer can prohibit employee from carrying outside their car while on company business. ( ) (yes)

Accounting firms too.

Now we're getting somewhere. It seems I was right and we are fairly close in agreement except for a few minor points.

I think #4 is no because if they cannot prohibit me from keeping it in my vehicle in the company parking lot then how could they elsewhere?

I think #5 is yes depending on the client/contractor relationship and whether or not they could post a 30.06 sign and gunbuster sign if the client is considered not to be an employee and the client actually controlled the parking lot.

I knew there was a #7 in there somewhere. I think the answer to #7 is no because I would not be on property my employer controls.

apostate wrote:

C-dub wrote:I don't get it. You're making my point for me. His employer can only prohibit him from carrying inside their building. They cannot prohibit him from carrying elsewhere.

I already quoted what I consider the relevant part of the law, so all I can say now is we must be interpreting that quoted text very differently.

Hmm. Are you sure we're not arguing the same side? Let's try something. What is your interpretation of the law on these points? I'm curious where it is we disagree if we actually do. My opinion is in ().

1. Employer can prohibit employee from carrying in their building. (yes)
2. Employer can prohibit employee from keeping gun in locked private vehicle in employer parking lot. (no)
3. Employer can prohibit employee from carrying gun in vehicle owned or leased by employer anywhere. (yes)
4. Employer can prohibit employee from keeping gun in locked private vehicle anywhere while on company business. (no)
5. Client can prohibit law firm's employee from keeping gun in locked private vehicle in client's parking lot. (yes maybe)
6. Client can prohibit law firm's employee from carrying gun on client premises. (yes)

Where I'm fuzzy is the possible contractor type relationship. I don't remember what's been said about that.

apostate wrote:

C-dub wrote:

apostate wrote:

C-dub wrote:I think the client could prohibit someone like this, but my direct employer cannot prohibit me from carrying on someone else's property, right?

It's not meaningful 30.06 notice, but I believe they can fire you (or take other disciplinary action) for carrying a gun on the job, except within the narrowly defined parameters of the new parking lot law. Consider alcohol. It's legal (for most of us) to have a beer, but I'm pretty sure an employer can fire an employee for drinking on the job, even if they're at a client site.

I don't know. There isn't a state law that says they cannot have a policy against drinking on the job. The new law regarding guns says that they can still have a policy that we cannot carry in their building, but everywhere else is okay unless it is a company owned or leased vehicle.

What new law says that? SB 321 only says an "employer may not prohibit an employee [...] 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." It says nothing about client premises (or client parking lots, for that matter.)

I wish it were different. Heck, I wish they passed campus carry. But it is what it is, until we throw the rascals out.

I don't get it. You're making my point for me. His employer can only prohibit him from carrying inside their building. They cannot prohibit him from carrying elsewhere.

apostate wrote:

C-dub wrote:I think the client could prohibit someone like this, but my direct employer cannot prohibit me from carrying on someone else's property, right?

It's not meaningful 30.06 notice, but I believe they can fire you (or take other disciplinary action) for carrying a gun on the job, except within the narrowly defined parameters of the new parking lot law. Consider alcohol. It's legal (for most of us) to have a beer, but I'm pretty sure an employer can fire an employee for drinking on the job, even if they're at a client site.

I don't know. There isn't a state law that says they cannot have a policy against drinking on the job. The new law regarding guns says that they can still have a policy that we cannot carry in their building, but everywhere else is okay unless it is a company owned or leased vehicle.

Limey Hooligan wrote:So what do you guys think of my company's stated policy on carrying a weapon? I work for an accounting firm that has partners as a consultant, travelling to client sites:

Possession of personal weapons by any partner or staff at any time on Firm or client premises, or on Firm business anywhere, is prohibited. Anyone who reports to work with a weapon, or is in possession of a weapon at work or on Firm business, will be subject to appropriate disciplinary action.

It's the "on client premises" and "on firm business anywhere" parts that get me... so if I'm working all day at a client site or out to lunch with a client and don't go to my office at all, I still can't carry?

All right everyone, what am I missing here? Limey's employer can prohibit him from carrying on their premises with the threat of losing his job or prosecution if they follow the law regarding notification. However, I don't think they can legally threaten an employee with anything now anywhere else unless they are using a company leased vehicle. They are not supposed to even have a policy of that nature. A client could prohibit a non-employee by posting a 30.06 sign, but I'm not sure where exactly that falls in this case. Is it like the contractor situation? I think the client could prohibit someone like this, but my direct employer cannot prohibit me from carrying on someone else's property, right?