30. 06 Signe at the wor place!

[JT69]

Ok thanks on the posting info. And yes it is a city owened yard and I am a city employee!!! So one of u sed the 30 06 signe would. Not apply!! What's this mean?? This post is being very helpful to me just I'm a country boy lol and I won't to be very clear and legal to carry !! I won't to beable to stand up for my right to carry and be right!!! Do need my job!!! It really sucks to have to worry about this!!! It really just pi••'s me off!

[hillfighter]

30.06 applies to any property anywhere that is posted, but only when you are carrying under the exception to the law granted by your CHL. So, a private property owner can post a parking lot right at the entrance to it. It would be illegal to walk past the sign. But if you are in your car, you are not breaking the law so you are not carrying under your CHL's authority. So it is not illegal for a CHL to drive into a posted parking lot with a gun. But he has received the notice, so he would be breaking the law if he got out of the car with the gun while anywhere on the property, including in the parking lot.

I agree if the only sign is a 30.06 sign. If they also post one of the signs below, that applies to handguns carried subject to MPA, rifles and shotguns in the vehicle, and other weapons. Someone passing one of these signs is no longer carrying subject to MPA (because they're committing an offense by trespassing) and loses that defense.

In effect, in my opinion, posting the lot pretty much means there is no need to post the building itself if the lot is the only way to enter the property. There would be no way to legally get the gun to the building so no need to post the building itself.

I agree. Posting the entrance to the property covers the whole property, no matter if it's 30.06 or a no smoking sign.

[RPB]

Hello! I've been doing some research an haven't had much luck yet. My employer has had the signes on the building and that's fine, but now has added theme to the entrance's to the property that we park on!!! Can they do this? The.30 06 signes ? The little info I've found says yes if it's private and no if venders & customers can come in to parking lot to. Considered public!! I won't to have the right to carry back an forth from work because that's the biggest part of being out an about!! Right?? But don't wont to get fired either!! Thanks for any info on this. Forgive my spelling

Ok thanks on the posting info. And yes it is a city owned yard and I am a city employee!!! So one of used the 30 06 sign would Not apply!! What's this mean?? This post is being very helpful to me just I'm a country boy lol and I won't to be very clear and legal to carry !! I won't to beable to stand up for my right to carry and be right!!! Do need my job!!! It really sucks to have to worry about this!!! It really just pi••'s me off!

two different things here

1)
You could still be fired ... for any reason at all, or no reason at all; Texas is not a "right to work State" so if you are "caught carrying" they might fire you because they do not like your shoes that day ... or because they'd prefer you part your hair on the other side, or because it is against "employee policy" or fired "just because" ... no reason, just because. (People are fired "for no reason at all" a lot because they think then they can't be sued as easily for firing them "for the wrong reason")

2) Carrying in a 30.06 posted City Owned Parking lot, with a CHL probably means you can ignore that Improperly placed sign and it not be a criminal offense
Texas Penal Code 30.06
(e) It is an exception to the application of this section that the property on which the license holder carries a handgun is owned or leased by a governmental entity and is not a premises or other place on which the license holder is prohibited from carrying the handgun under Section 46.03 or 46.035

Now, if there is a "governmental meeting" going on in the parking lot, then the sign is an enforceable 30.06 sign ...

[hillfighter]

2) Carrying in a 30.06 posted City Owned Parking lot, with a CHL probably means you can ignore that Improperly placed sign
Texas Penal Code 30.06
(e) It is an exception to the application of this section that the property on which the license holder carries a handgun is owned or leased by a governmental entity and is not a premises or other place on which the license holder is prohibited from carrying the handgun under Section 46.03 or 46.035

I agree. It's the same as carrying past the 30.06 sign at a gun show in a city or county convention center.

[C-dub]

This is getting pretty muddled up.

JT69, YOU can keep your handgun in your vehicle in your employers parking lot. Since they have posted the parking lot you can't get out of your vehicle with your gun on their property. What I'm not certain about is if your employer can also prevent you from carrying your gun while at work, but not on their property, to the point where they could prosecute you. What do you all think?

I think that if they notify you via something like the employee handbook or some other way with the correct 30.06 wording or someone with apparent authority tells you that you cannot carry while at work then they can prosecute you if discovered. If you are not told and any other notice without the correct 30.06 wording then they cannot prosecute you, but they can fire you for violating company policy.

If your employer does not have a policy and you have not been told you cannot carry at work, then I recommend that you carry if you wish, but do not speak to any coworker about it at all.


Other than the one point of uncertainty, I think that about covers it. Did I leave anything out?

[JT69]

ok that sounds fairly clear. i dont mind leaving in the car while at work just to be able to have it with me before and after!!! but if they were to serch car and did find a gun and they did fire you for it... would you have recource against theme for wrongful termination? are do they have that right? I no im asking way to many ???? lol

[C-dub]

ok that sounds fairly clear. i dont mind leaving in the car while at work just to be able to have it with me before and after!!! but if they were to serch car and did find a gun and they did fire you for it... would you have recource against theme for wrongful termination? are do they have that right? I no im asking way to many ???? lol

I think you would because they would be violating the law. However, I am not a lawyer and there is no case law on this yet. My own employer has not changed their own policy, so I don't know what they would do if they somehow found a gun in someone's car.

Just remember, as others have mentioned, in Texas you can be fired for no reason. If they give you a reason, it cannot be something protected by law. It depends on how smart they are about it. My employer is very conscientious about when they terminate someone and meticulously document the reasons why. They have not, to my knowledge, let anyone go without a well documented reason. However, if they do, for some reason, discover your gun in your car and you are fired I would be surprised if they say that's why they fired you.

As they say, it's up to you as to whether or not you want to accept that risk. I have at my job and in the 10+ years I've been there they have not searched one vehicle.

[Skiprr]

ok that sounds fairly clear. i dont mind leaving in the car while at work just to be able to have it with me before and after!!! but if they were to serch car and did find a gun and they did fire you for it... would you have recource against theme for wrongful termination? are do they have that right? I no im asking way to many ???? lol

Earlier you said:

And yes it is a city owned yard and I am a city employee!!! So one of u sed the 30 06 sign would not apply!

You are absolutely correct:

(e) It is an exception to the application of this section that the property on which the license holder carries a handgun is owned or leased by a governmental entity and is not a premises or other place on which the license holder is prohibited from carrying the handgun under Section 46.03 or 46.035.

Also see: Labor Code Chapter 52: http://www.statutes.legis.state.tx.us/D ... /LA.52.htm.

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.

Can you possibly be fired?

Yep. Any of us can be, for any reason, in Texas.

If you were to be fired for simply having your gun locked in your car?

Well, I'll bet you could find any number of attorneys who would be willing to take that case and sue your municipal employer for a boatload of dollars.

[C-dub]

Thanks for the reminder Skiprr. I woke up around 0400 this morning and remembered that I forgot who JT69's employer was and relized that they probably couldn't even post an enforceable 30.06 sign anywhere on their property.

[pbwalker]

Thanks for the replys ! Still unclear to me ! Your not spost to enter were this signe is posted!!! But is this signe legally posted at the entrance!!! Are can people just post theme were ever they please??? Is their guidelines they have to meet to post the 30 06 signe???

[sjfcontrol]

Thanks for the replys ! Still unclear to me ! Your not spost to enter were this signe is posted!!! But is this signe legally posted at the entrance!!! Are can people just post theme were ever they please??? Is their guidelines they have to meet to post the 30 06 signe???

If I understand the question, the only restriction regarding WHERE the sign is posted, is

...is displayed in a conspicuous manner clearly visible to the public.

At the entrance to the parking lot would seem to fulfill that requirement.

[SewTexas]

I think what he's asking is since this is the city posting the sign, on city property, shouldn't the city know they are violating whatever guidelines there should be for posting the sign? yeh, they should know, and they may know, it's weather they care.


Outside of city government if an business or whomever doesn't want guns, they need to just slap a legal 30.06 sign up where it will be seen upon entry.

[RPB]

Thanks for the replys ! Still unclear to me ! Your not spost to enter were this signe is posted!!! But is this signe legally posted at the entrance!!! Are can people just post theme were ever they please??? Is their guidelines they have to meet to post the 30 06 signe???

If I understand the question, the only restriction regarding WHERE the sign is posted, is

...is displayed in a conspicuous manner clearly visible to the public.

At the entrance to the parking lot would seem to fulfill that requirement.

Except that if it is the city trying to post a 30.06 sign on city parking lot property, it can be ignored.
He might get fired; but it isn't a crime or illegal from the information I read.

So, no the city should not post an unenforceable sign there, but I would not tell them if I worked for the city and wanted to keep the job.

Some States penalize a city for things like hat, but in Texas a city can post the unenforceable signs wherever they want, but it is not a crime to ignore them on city property, if they are not in a location of a school, court or other off-limits location. Though like I said, they might fire you if they find out



I'm not a lawyer

[sjfcontrol]

...if they are not in a location of a school, court or other off-limits location. Though like I said, they might fire you if they find out

Public schools cannot (presumably) post a parking lot, as it is government property, and they don't need to post the buildings, as that is already off-limits.

[Reds45ACP]

1)
You could still be fired ... for any reason at all, or no reason at all; Texas is not a "right to work State" so if you are "caught carrying" they might fire you because they do not like your shoes that day ... or because they'd prefer you part your hair on the other side, or because it is against "employee policy" or fired "just because" ... no reason, just because. (People are fired "for no reason at all" a lot because they think then they can't be sued as easily for firing them "for the wrong reason")

Texas is, in fact, a Right to Work state. You cannot be forced to join a union to hold a job. Not really sure what that has to do with anything mentioned here.

https://www.oag.state.tx.us/agency/righttowork.shtml