Search found 4 matches

by EyeToEye
Sat Jul 26, 2014 10:01 pm
Forum: General Texas CHL Discussion
Topic: Employer Parking Lots question
Replies: 18
Views: 5844

Re: Employer Parking Lots question

Not really sure but I think it might just be random as they have done it in the past but I haven't heard that they ever found anything until now with the handgun. There are several lots and they all were gone through with the dog.
by EyeToEye
Fri Jul 25, 2014 12:00 pm
Forum: General Texas CHL Discussion
Topic: Employer Parking Lots question
Replies: 18
Views: 5844

Re: Employer Parking Lots question

Charles L. Cotton wrote:
EyeToEye wrote:I don't want to hijack this thread but I have another question regarding employer parking lots. I went through six pages of search items but did not find the answer so I figured I would ask.

We had an incident where the employer brought dogs in to sniff vehicles in the parking lot for drugs and firearms. The dog hit on a vehicle resulting in a vehicle search. The search revealed a handgun in the vehicle. The employee that was the owner of the vehicle was asked to leave and was told that it was illegal for him to have a firearm in the vehicle since company policy prohibits it. The employee mentioned the 2011 parking lot law and was told that it only applies to CHL holders.

I have read the language of the bill and need a little clarification. The bill states:

"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."

Does the bold underlined text above reference only CHL holders or is it referring to anyone lawfully possessing a firearm even non CHL holders?
The protection is available to anyone who lawfully possesses firearms. The Code is clear, although some intellectually dishonest people deny it. Below is a post I made discussing this very issue.

Chas.
Well it seems that disciplinary action is being taken against the employee. The employer has stated that their interpretation of the law, only applying to CHL holders, has been confirmed by the company attorney. Also for clarification, to my knowledge the company does not fall under any of the exceptions. I know from Charles' writings that there is no separate cause for action stated in the law. So I guess the employee's only avenue is to accept the disciplinary action and follow the company interpretation of the law even though it is incorrect.

Anyone know of any declaratory judgement actions for instances such as this or actions the employee can take at this point?
by EyeToEye
Thu Jul 24, 2014 11:26 pm
Forum: General Texas CHL Discussion
Topic: Employer Parking Lots question
Replies: 18
Views: 5844

Re: Employer Parking Lots question

Thanks Charles, much appreciated!
by EyeToEye
Thu Jul 24, 2014 10:58 pm
Forum: General Texas CHL Discussion
Topic: Employer Parking Lots question
Replies: 18
Views: 5844

Re: Employer Parking Lots question

I don't want to hijack this thread but I have another question regarding employer parking lots. I went through six pages of search items but did not find the answer so I figured I would ask.

We had an incident where the employer brought dogs in to sniff vehicles in the parking lot for drugs and firearms. The dog hit on a vehicle resulting in a vehicle search. The search revealed a handgun in the vehicle. The employee that was the owner of the vehicle was asked to leave and was told that it was illegal for him to have a firearm in the vehicle since company policy prohibits it. The employee mentioned the 2011 parking lot law and was told that it only applies to CHL holders.

I have read the language of the bill and need a little clarification. The bill states:

"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."

Does the bold underlined text above reference only CHL holders or is it referring to anyone lawfully possessing a firearm even non CHL holders?

Return to “Employer Parking Lots question”