New Company policy

[JSThane]

I note that the policy there does NOT threaten, infer, or promise any sort of legal action. Nor does it include the specific 30.06 language required to be "official" notification. It does say that anyone who violates this and gets caught will be fired. They're the employer; they have that right. They can enforce the hiring OR firing of anyone they choose. I'm not certain if the parking lot portion is enforceable, though, not if the lot is open to the public. Finding a gun in the car would, in any case, require a search of your vehicle, and the legal implications going with it (your property; no search warrant/no crime being committed, so can't get the cops to do it; you could file legit charges against anyone who breaks in to search it).

I see three options, possibly four.
A) Obey the policy, don't make waves.
B) Disobey the policy, don't make waves, and hope you don't get caught.
C) Take the policy up with management / owner / etc., lay out the case why this is a stupid idea (carefully and diplomatically, pointing out that criminals don't obey laws anyway, so company policy means nothing to them), and get the policy changed.
D) Take the policy up with management / owner / etc., lay out the case, get shot down, and disobey it anyway, knowing you've just painted a big ol' target on your face for them.

Myself, depending on how well I knew the people who can override the policy, I'd choose either B or C, depending on whether or not I thought the higher-ups would react well.

[tomtexan]

I want to keep it on me like I have done everyday for the past 2 years as long as there is no legal issue. I don't care if they want to fire me.

During those two years, has anyone ever known that you had one?

[cb1000rider]

Accurate summary... Those are the options.

[JJVP]

The company I work for is a small place. We are growing fast and have brought on a new HR/compliance person. They are asking that we sign the new employee handbook defining the office policies.

We are in a multi tenant office building that does NOT have any signs on the door ( gun busters or 30.06) The section in the new handbook says

"Workplace Violence and Weapons Policy
The possession, selling or use of firearms or weapons by an employee, customer, vendor or other visitor
on Company property, including the parking lot is strictly forbidden and will result in immediate
termination. This policy also applies to any person carrying a concealed handgun licensed under the
Texas Concealed Handgun law. Not only is this for the safety of all employees but is forbidden in our
lease."

This rule was not in place when I started here over 2 years ago. They want me to sign it. Is this something that they can enforce without a 30.06 sign?

How exactly are going to "terminate" a customer, vendor or visitor? They are not employees and have not seen, much less signed the company policy.

[C-dub]

The company I work for is a small place. We are growing fast and have brought on a new HR/compliance person. They are asking that we sign the new employee handbook defining the office policies.

We are in a multi tenant office building that does NOT have any signs on the door ( gun busters or 30.06) The section in the new handbook says

"Workplace Violence and Weapons Policy
The possession, selling or use of firearms or weapons by an employee, customer, vendor or other visitor
on Company property, including the parking lot is strictly forbidden and will result in immediate
termination. This policy also applies to any person carrying a concealed handgun licensed under the
Texas Concealed Handgun law. Not only is this for the safety of all employees but is forbidden in our
lease."

This rule was not in place when I started here over 2 years ago. They want me to sign it. Is this something that they can enforce without a 30.06 sign?

How exactly are going to "terminate" a customer, vendor or visitor? They are not employees and have not seen, much less signed the company policy.

I wondered about that too, but forgot to being it up. I've wondered the same thing about my company.

[tubular031]

I note that the policy there does NOT threaten, infer, or promise any sort of legal action. Nor does it include the specific 30.06 language required to be "official" notification. It does say that anyone who violates this and gets caught will be fired. They're the employer; they have that right. They can enforce the hiring OR firing of anyone they choose. I'm not certain if the parking lot portion is enforceable, though, not if the lot is open to the public. Finding a gun in the car would, in any case, require a search of your vehicle, and the legal implications going with it (your property; no search warrant/no crime being committed, so can't get the cops to do it; you could file legit charges against anyone who breaks in to search it).

I see three options, possibly four.
A) Obey the policy, don't make waves.
B) Disobey the policy, don't make waves, and hope you don't get caught.
C) Take the policy up with management / owner / etc., lay out the case why this is a stupid idea (carefully and diplomatically, pointing out that criminals don't obey laws anyway, so company policy means nothing to them), and get the policy changed.
D) Take the policy up with management / owner / etc., lay out the case, get shot down, and disobey it anyway, knowing you've just painted a big ol' target on your face for them.

Myself, depending on how well I knew the people who can override the policy, I'd choose either B or C, depending on whether or not I thought the higher-ups would react well.

A is not an option. I would rather leave than give up my rights. I know the owner will not "let" me go. I am pretty important to the company. I am probably going to do B as long as there is no legal issues. the part above in red is pretty much what I got out of it. No threat of legal action only getting fired.

[nightmare69]

OP I would leave my gun in my car and not say a word about it. How likely is it that the company will search your vehicle? Even then I would never let anyone LEO or not search my truck without a warrant.

[tubular031]

I want to keep it on me like I have done everyday for the past 2 years as long as there is no legal issue. I don't care if they want to fire me.

During those two years, has anyone ever known that you had one?

One other person knows That I carry. He has asked about it and is going to get his chl soon.

We are all gun nuts at the office and talk about guns, hunting etc.

[03Lightningrocks]

I may be mistaken about this but I am pretty sure that once you have been verbally and personally in writing been given 30:06 notice, you will be in violation of the law if you carry inside the building. I read a few posts saying all they can do is fire you but I am not so sure that is correct.

[SewTexas]

I may be mistaken about this but I am pretty sure that once you have been verbally and personally in writing been given 30:06 notice, you will be in violation of the law if you carry inside the building. I read a few posts saying all they can do is fire you but I am not so sure that is correct.

why do you say you're not sure that's correct?

the one thing I notice here is that his notice is not include 30.06 wording, so I actually am not sure he would be in violation of the law, but he might be considered "trespassing" or some such. And he can still easily be fired....but, it's Texas, he can be fired because of the color of his T-shirt, and it sounds like he's not worried about that.

[03Lightningrocks]

I may be mistaken about this but I am pretty sure that once you have been verbally and personally in writing been given 30:06 notice, you will be in violation of the law if you carry inside the building. I read a few posts saying all they can do is fire you but I am not so sure that is correct.

why do you say you're not sure that's correct?

the one thing I notice here is that his notice is not include 30.06 wording, so I actually am not sure he would be in violation of the law, but he might be considered "trespassing" or some such. And he can still easily be fired....but, it's Texas, he can be fired because of the color of his T-shirt, and it sounds like he's not worried about that.

You misunderstood. I wasn't saying he could not be fired. There were a couple of post stating that "ALL" they could do is fire you.

One more thing. I am pretty sure the verbal 30:06 does not have to be in exact wording. I also don't believe written notification has to be exact 30:06 wording. The exact wording issue is for the sign only. Simply telling me I am forbidden to carry on the premises carries the same weight as a 30:06 sign on the front door. Having me sign a form stating I have been served notice firearms are prohibited on the premises regardless of my CHL status is also ample notice.

[SewTexas]

I may be mistaken about this but I am pretty sure that once you have been verbally and personally in writing been given 30:06 notice, you will be in violation of the law if you carry inside the building. I read a few posts saying all they can do is fire you but I am not so sure that is correct.

why do you say you're not sure that's correct?

the one thing I notice here is that his notice is not include 30.06 wording, so I actually am not sure he would be in violation of the law, but he might be considered "trespassing" or some such. And he can still easily be fired....but, it's Texas, he can be fired because of the color of his T-shirt, and it sounds like he's not worried about that.

You misunderstood. I wasn't saying he could not be fired. There were a couple of post stating that "ALL" they could do is fire you.

One more thing. I am pretty sure the verbal 30:06 does not have to be in exact wording. I also don't believe written notification has to be exact 30:06 wording. The exact wording issue is for the sign only. Simply telling me I am forbidden to carry on the premises carries the same weight as a 30:06 sign on the front door. Having me sign a form stating I have been served notice firearms are prohibited on the premises regardless of my CHL status is also ample notice.

I thought they had to include the 30.06 in the manual, or policy? eh, I could be wrong, it's been a long time since I've worked in Texas and my husband works from home for a Co out of state, so we don't worry about it.


tubular, something to think about....you sound like you feed a strong loyalty to this company, and it sounds like a small enough company that they should know they have several guys who like their guns. So where is their loyalty to y'al? Maybe it's time to talk to the other companies that have been courting you?
I learned a very long time ago, just because I was very important to a company didn't mean they treated me like I was.

[jmra]

I may be mistaken about this but I am pretty sure that once you have been verbally and personally in writing been given 30:06 notice, you will be in violation of the law if you carry inside the building. I read a few posts saying all they can do is fire you but I am not so sure that is correct.

why do you say you're not sure that's correct?

the one thing I notice here is that his notice is not include 30.06 wording, so I actually am not sure he would be in violation of the law, but he might be considered "trespassing" or some such. And he can still easily be fired....but, it's Texas, he can be fired because of the color of his T-shirt, and it sounds like he's not worried about that.

You misunderstood. I wasn't saying he could not be fired. There were a couple of post stating that "ALL" they could do is fire you.

One more thing. I am pretty sure the verbal 30:06 does not have to be in exact wording. I also don't believe written notification has to be exact 30:06 wording. The exact wording issue is for the sign only. Simply telling me I am forbidden to carry on the premises carries the same weight as a 30:06 sign on the front door. Having me sign a form stating I have been served notice firearms are prohibited on the premises regardless of my CHL status is also ample notice.

I thought they had to include the 30.06 in the manual, or policy? eh, I could be wrong, it's been a long time since I've worked in Texas and my husband works from home for a Co out of state, so we don't worry about it.


tubular, something to think about....you sound like you feed a strong loyalty to this company, and it sounds like a small enough company that they should know they have several guys who like their guns. So where is their loyalty to y'al? Maybe it's time to talk to the other companies that have been courting you?
I learned a very long time ago, just because I was very important to a company didn't mean they treated me like I was.

Verbal notice can simply be "you can't carry a gun here". Written notice which includes a sign, card, or other document has to include the correct language. Only the sign requires the inclusion of Spanish and the minimum letter size.
Here is the code:
(3) "Written communication" means:
(A) a card or other document on which is written
language identical to the following: "Pursuant to Section 30.06,
Penal Code (trespass by holder of license to carry a concealed
handgun), a person licensed under Subchapter H, Chapter 411,
Government Code (concealed handgun law), may not enter this
property with a concealed handgun";

(B) a sign posted on the property that:
(i) includes the language described by
Paragraph (A) in both English and Spanish;
(ii) appears in contrasting colors with
block letters at least one inch in height; and
(iii) is displayed in a conspicuous manner
clearly visible to the public.

Without the proper wording the policy manual is no more legally enforceable than a gun buster sign.

[RPBrown]

I don't see how the OP has been given effective notice that could result in any legal action against him unless someone has orally told him that guns are forbidden inside. We all know about the parking lot law, but any written notice in a letter or employee handbook must also be word for word the same as a 30.06 sign except for the size. This whole situation is early identical to my employer except mine has over 1,000 employees. I even asked if they were going to change their parking lot policy before the new law went into effect. They did not and said they knew the law.

I agree

[RPBrown]

I may be mistaken about this but I am pretty sure that once you have been verbally and personally in writing been given 30:06 notice, you will be in violation of the law if you carry inside the building. I read a few posts saying all they can do is fire you but I am not so sure that is correct.

why do you say you're not sure that's correct?

the one thing I notice here is that his notice is not include 30.06 wording, so I actually am not sure he would be in violation of the law, but he might be considered "trespassing" or some such. And he can still easily be fired....but, it's Texas, he can be fired because of the color of his T-shirt, and it sounds like he's not worried about that.

You misunderstood. I wasn't saying he could not be fired. There were a couple of post stating that "ALL" they could do is fire you.

One more thing. I am pretty sure the verbal 30:06 does not have to be in exact wording. I also don't believe written notification has to be exact 30:06 wording. The exact wording issue is for the sign only. Simply telling me I am forbidden to carry on the premises carries the same weight as a 30:06 sign on the front door. Having me sign a form stating I have been served notice firearms are prohibited on the premises regardless of my CHL status is also ample notice.

Verbal does not have to be exact wording, however, written notification (even in a hand book) does require exact 30.06 language.
Now, he could still be fired or if someone "who's control the company is under" sees him and then tells him he cannot have it, then he has been given notice.