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by TexasAggie09
Mon Sep 19, 2011 11:22 pm
Forum: General Texas CHL Discussion
Topic: Commerical Vehicle Carry
Replies: 14
Views: 3262

Re: Commerical Vehicle Carry

apostate wrote:IANAL but here's an example to demonstrate how I read the oil/natgas/mineral lease clause:

Dan Yanki owns some property. He leases the property to your employer for natgas production. Dan is scared of guns, so he puts a condition in the lease prohibiting firearms. Your employer may then prohibit you from carrying on Dan's property, so you (as their agent) don't breach the contract.

If you do bring a firearm on the lease, your employer may fire you. Depending on the type of firearm and the notice given, it may or may not be illegal. I'm not sure about your potential civil liability for the breach of contract.
I read something along those lines. Better yet, I see that as SB321 NOT extending to leased oil property. Whatever the previous law is/was before SB321 is still in effect. Either way, if caught, at best you get fired, at worst you serve time. Both are risks I can't take! I hate that I have to be unarmed at any time...
by TexasAggie09
Mon Sep 19, 2011 10:17 pm
Forum: General Texas CHL Discussion
Topic: Commerical Vehicle Carry
Replies: 14
Views: 3262

Re: Commerical Vehicle Carry

I have the same connundrum...working in the oilfield, wanting to carry when I go on site but my company says (not necessarily in 30.06 terms) no weapons of any kind on property or in vehicles. The biggest issue is the DESTINATION property. The new employer parking lot bill says these two things that raise flags:
SUBCHAPTER G. RESTRICTIONS ON PROHIBITING EMPLOYEE
TRANSPORTATION OR STORAGE OF CERTAIN FIREARMS OR AMMUNITION
Sec. 52.061. RESTRICTION ON PROHIBITING EMPLOYEE ACCESS TO
OR STORAGE OF FIREARM OR AMMUNITION. 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.
Sec. 52.062. EXCEPTIONS. (a) Section 52.061 does not:
(1) authorize a person 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 to possess a firearm or ammunition on any
property where the possession of a firearm or ammunition is
prohibited by state or federal law; or
(2) apply to:
(A) a vehicle owned or leased by a public or
private employer and used by an employee in the course and scope of
the employee's employment, unless the employee is required to
transport or store a firearm in the official discharge of the
employee's duties
;
(B) a school district;
(C) an open-enrollment charter school, as
defined by Section 5.001, Education Code;
(D) a private school, as defined by Section
22.081, Education Code; or
(E) property owned or controlled by a person,
other than the employer, that is subject to a valid, unexpired oil,
gas, or other mineral lease that contains a provision prohibiting
the possession of firearms on the property.
Most oilfield sites strictly prohibit any weapons and they don't have to be 30.06 per this bill it seems

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