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Parking Lot Postings

Posted: Wed May 25, 2016 9:41 pm
by SMRoot
Hi everyone,

Hopefully it's ok if I just jump right in with some questions. The parking lot at my workplace is posted 30.06 and 30.07. So, I'm assuming that means that the entire property, including the premises, is off limits for carry. However, it got me thinking about parking lots with multiple buildings and parking lots that connect with each other and made me wonder how to define the limits of what a given sign can make off limits for carry. Any of you experienced folks have any words of wisdom on that? Thanks.

SMRoot

Re: Parking Lot Postings

Posted: Wed May 25, 2016 10:00 pm
by Beiruty
1) Employers cannot force the employee from not carrying concealed while they are in their cars on the parking lots; or keep their concealed carry concealed in their cars. Signs can notify all not to carry (open or concealed or both) in the parking lots.
2) On shared parking lots, if the whole property is owned by a single real estate company, then said company can post or not post whatever they wish.

Re: Parking Lot Postings

Posted: Wed May 25, 2016 10:52 pm
by goose
3) There is not currently a penalty for an employer letting you go for storing your firearm in your car, in their parking lot.
so, you won't be prosecuted for a violation of the law. But, you may be looking for new employment opportunities. :mad5 :mad5

Re: Parking Lot Postings

Posted: Wed May 25, 2016 11:00 pm
by 3dfxMM
Beiruty wrote:1) Employers cannot force the employee from not carrying concealed on the parking lots or keep their concealed carry concealed in their cars.
Signs can notify non-employees not to carry (open or concealed or both) in the parking lots.
This is not true. Employers certainly can post their properties, including the parking lots, and it applies to employees right along with other folks. This has no bearing on anyone having their weapon while in their car. They just can't get out of their car with it. Again, this applies to everyone, including employees. What the employer cannot do is have a policy prohibiting employees from keeping their weapons in their cars. There are exceptions to this law but it applies to most employers.

Re: Parking Lot Postings

Posted: Thu May 26, 2016 12:09 am
by rtschl
3dfxMM wrote:This is not true. Employers certainly can post their properties, including the parking lots, and it applies to employees right along with other folks. This has no bearing on anyone having their weapon while in their car. They just can't get out of their car with it. Again, this applies to everyone, including employees. What the employer cannot do is have a policy prohibiting employees from keeping their weapons in their cars. There are exceptions to this law but it applies to most employers.
:iagree: Not an issue in your vehicle but it is a violation if you carry outside of your vehicle on a posted parking lot.

Re: Parking Lot Postings

Posted: Thu May 26, 2016 5:00 am
by Beiruty
3dfxMM wrote:
Beiruty wrote:1) Employers cannot force the employee from not carrying concealed on the parking lots or keep their concealed carry concealed in their cars.
Signs can notify non-employees not to carry (open or concealed or both) in the parking lots.
This is not true. Employers certainly can post their properties, including the parking lots, and it applies to employees right along with other folks. This has no bearing on anyone having their weapon while in their car. They just can't get out of their car with it. Again, this applies to everyone, including employees. What the employer cannot do is have a policy prohibiting employees from keeping their weapons in their cars. There are exceptions to this law but it applies to most employers.
Sorry, I fixed my statement and thanks for the clarification. :tiphat:

Re: Parking Lot Postings

Posted: Thu May 26, 2016 9:17 am
by Soccerdad1995
So the basic answer is that you are fine as long as you are in your car. Just don't carry outside of your car in that parking lot.

Welcome to the forum, asking questions and answering them where you can is a great reason to be here.

Re: Parking Lot Postings

Posted: Thu May 26, 2016 10:02 am
by Solaris
SMRoot wrote:Hi everyone,

Hopefully it's ok if I just jump right in with some questions. The parking lot at my workplace is posted 30.06 and 30.07. So, I'm assuming that means that the entire property, including the premises, is off limits for carry. However, it got me thinking about parking lots with multiple buildings and parking lots that connect with each other and made me wonder how to define the limits of what a given sign can make off limits for carry. Any of you experienced folks have any words of wisdom on that? Thanks.

SMRoot
The law and the sign define the limits:

"... may not enter this property with a concealed handgun"

So it is limited to the property.

Re: Parking Lot Postings

Posted: Thu May 26, 2016 10:57 am
by SMRoot
Solaris wrote:
The law and the sign define the limits:

"... may not enter this property with a concealed handgun"

So it is limited to the property.
Thanks...and thank you to everyone who is responding. I do understand - at least at a basic level - what the rules are for employer parking lots. I also knew that the word "property" was used in the law. I guess I'm asking how to define what that property is for a given sign.

For example, my local mall has an enormous parking lot. There is a large main mall building and a smaller one that has various restaurants and a movie theater. This smaller area is accessed via uncovered walkways from the main building. Then, around the perimeter, there are several stand-alone shopping centers and restaurants.

So, if there is a sign posted in that mall parking lot, are all of the buildings that I can access without going back out onto the street now off limits?


Also, is it only the property owner that can post signs? Is it an authority that is commonly designated to lessees somehow? Thanks.

Re: Parking Lot Postings

Posted: Thu May 26, 2016 11:05 am
by Solaris
SMRoot wrote: So, if there is a sign posted in that mall parking lot, are all of the buildings that I can access without going back out onto the street now off limits?
Yes. Keep in mind 06/07 signs only apply if you are carrying under authority of LTC law. Hence why you can have CC in car, but cannot take it out of car.
SMRoot wrote: Also, is it only the property owner that can post signs? Is it an authority that is commonly designated to lessees somehow? Thanks.
"..the owner of the property or someone with apparent authority to act for the owner..."

Teach a man to fish...

http://www.statutes.legis.state.tx.us/D ... /PE.30.htm

Re: Parking Lot Postings

Posted: Thu May 26, 2016 11:29 am
by SMRoot
Solaris wrote:
SMRoot wrote: So, if there is a sign posted in that mall parking lot, are all of the buildings that I can access without going back out onto the street now off limits?
Yes. Keep in mind 06/07 signs only apply if you are carrying under authority of LTC law. Hence why you can have CC in car, but cannot take it out of car.
SMRoot wrote: Also, is it only the property owner that can post signs? Is it an authority that is commonly designated to lessees somehow? Thanks.
"..the owner of the property or someone with apparent authority to act for the owner..."

Teach a man to fish...

http://www.statutes.legis.state.tx.us/D ... /PE.30.htm
So, what you seem to be saying is that I must assume that all buildings with access from a certain parking lot are owned by the same entity. I've read the statute several times, but did not find the answer to my question to be clearly defined in there. Maybe I'm just being obtuse.

Re: Parking Lot Postings

Posted: Thu May 26, 2016 11:33 am
by Soccerdad1995
SMRoot wrote:
Solaris wrote:
The law and the sign define the limits:

"... may not enter this property with a concealed handgun"

So it is limited to the property.
Thanks...and thank you to everyone who is responding. I do understand - at least at a basic level - what the rules are for employer parking lots. I also knew that the word "property" was used in the law. I guess I'm asking how to define what that property is for a given sign.

For example, my local mall has an enormous parking lot. There is a large main mall building and a smaller one that has various restaurants and a movie theater. This smaller area is accessed via uncovered walkways from the main building. Then, around the perimeter, there are several stand-alone shopping centers and restaurants.

So, if there is a sign posted in that mall parking lot, are all of the buildings that I can access without going back out onto the street now off limits?


Also, is it only the property owner that can post signs? Is it an authority that is commonly designated to lessees somehow? Thanks.
Depending on the specific layout, I am not sure that the signs in the parking lot would cover the buildings at all, or they could cover all buildings. But there is a practical issue that if you cannot carry in the parking lot how are you going to get into the buildings from your car?

Re: Parking Lot Postings

Posted: Thu May 26, 2016 11:37 am
by Solaris
SMRoot wrote: So, what you seem to be saying is that I must assume that all buildings with access from a certain parking lot are owned by the same entity.
Yes. There are some assumptions to be made. Another assumption is the property owner placed the sign, and not an anti-gun group, or the property was not sold earlier that day and the sign was thus put up by a previous property owner....
SMRoot wrote: I've read the statute several times, but did not find the answer to my question to be clearly defined in there. Maybe I'm just being obtuse.
What question is left unanswered?

Re: Parking Lot Postings

Posted: Thu May 26, 2016 11:52 am
by TangoX-ray
Parking lot isn't premises (building or portion of a building).

Re: Parking Lot Postings

Posted: Thu May 26, 2016 12:11 pm
by SMRoot
Solaris wrote:
SMRoot wrote: So, what you seem to be saying is that I must assume that all buildings with access from a certain parking lot are owned by the same entity.
Yes. There are some assumptions to be made. Another assumption is the property owner placed the sign, and not an anti-gun group, or the property was not sold earlier that day and the sign was thus put up by a previous property owner....
SMRoot wrote: I've read the statute several times, but did not find the answer to my question to be clearly defined in there. Maybe I'm just being obtuse.
What question is left unanswered?
I thought I already answered, but didn't see my reply. Forgive me if this shows up twice.

I wasn't implying that my question hadn't been answered, but rather that I had already read the statutes before I asked here. My question had more to do with where property starts and stops than whether or not someone can post on their property or what the rules are in employer parking lots. I wasn't trying to argue with what you've said or imply that you hadn't answered my question. I will say that I don't necessarily like the answer because I'd prefer to know rather than assume. But, that's more a reflection of my nature and training than anything else. Thanks again. :tiphat: