Boss says my vehicle has to be gun-free

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casp625
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Re: Boss says my vehicle has to be gun-free

#16

Post by casp625 »

Is this it?
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 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.

Added by Acts 2011, 82nd Leg., R.S., Ch. 1058 (S.B. 321), Sec. 1, eff. September 1, 2011.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 437 (H.B. 910), Sec. 30, eff. January 1, 2016.

Sec. 52.062. EXCEPTIONS. (a) Section 52.061 does not:
(1) authorize a person who holds a license to carry a 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;

Cjwglock19
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Re: Boss says my vehicle has to be gun-free

#17

Post by Cjwglock19 »

From my ISD handbook:

Firearms and Weapons
Policies FNCG, GKA
Employees, visitors, and students, including those with a license to carry a concealed handgun, are prohibited from bringing firearms, knives, clubs, or other prohibited weapons onto school premises (i.e. building or portion of a building) or any grounds or building where a school-sponsored activity takes place.
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howdy
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Re: Boss says my vehicle has to be gun-free

#18

Post by howdy »

This is how I interpret the law. If someone posts a 30.06 sign at the entrance to a parking lot, it would not be binding to someone with a LTC, UNLESS that parking lot belongs to a school district, chemical plant, etc. If that big ugly sign is posted in the entrance to the School district lot, NO LTC person can have a gun in their car. What the Principal said was true since the parking lots are not posted. You on the other hand have received verbal notice and that makes it as binding as a sign. Most school districts have it in their employee handbooks that guns are not allowed on district property.

Maybe Keith or Charles will chime in.
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twomillenium
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Re: Boss says my vehicle has to be gun-free

#19

Post by twomillenium »

howdy wrote:This is how I interpret the law. If someone posts a 30.06 sign at the entrance to a parking lot, it would not be binding to someone with a LTC, UNLESS that parking lot belongs to a school district, chemical plant, etc. If that big ugly sign is posted in the entrance to the School district lot, NO LTC person can have a gun in their car. What the Principal said was true since the parking lots are not posted. You on the other hand have received verbal notice and that makes it as binding as a sign. Most school districts have it in their employee handbooks that guns are not allowed on district property.

Maybe Keith or Charles will chime in.
The exemption only applies to employees of qualified exemptions. The ISD can claim exemption through HR book or notice to all employees. I don't think parking lot posting would apply since it cannot apply to a anyone picking up or dropping off their children. Unless they are employed by ISD and have been given notice of claimed exemption.
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Grozny
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Re: Boss says my vehicle has to be gun-free

#20

Post by Grozny »

Having taught at a high school, k-9 searches were a monthly occurrence. I'm not sure what they were trained to hit on, but I do recall a student getting called to the parking lot for having shotgun shells in his truck. Unless you're looking to fight a losing battle I'd leave the gun at home. I remember being on lock down, which wasn't a drill, and the feeling sucked. You don't know what's happening, but you do know you don't have a good way to defend yourself should the need arise. It's times like those where you'd rather have risked losing your job as opposed to potentially losing your life. That being said, a gun in the truck vs. on your person is a big difference.

Bruin98
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Re: Boss says my vehicle has to be gun-free

#21

Post by Bruin98 »

Ive checked with a lawyer on this. Legally you're safe. You may ride but probably wont.

Job security when you get caught is gone.
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rtschl
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Re: Boss says my vehicle has to be gun-free

#22

Post by rtschl »

Wouldn't they need a search warrant to search? I would not give anyone permission to search my vehicle and I would not open my car for them unless a search warrant was in hand.
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android
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Re: Boss says my vehicle has to be gun-free

#23

Post by android »

Grozny wrote:Having taught at a high school, k-9 searches were a monthly occurrence. I'm not sure what they were trained to hit on, but I do recall a student getting called to the parking lot for having shotgun shells in his truck.
Sounds like a CLP scented air freshener hanging from the rear view mirror is in order. And rub a little pyrodex into the carpets just for good measure.
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jmra
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Re: Boss says my vehicle has to be gun-free

#24

Post by jmra »

howdy wrote:This is how I interpret the law. If someone posts a 30.06 sign at the entrance to a parking lot, it would not be binding to someone with a LTC, UNLESS that parking lot belongs to a school district, chemical plant, etc. If that big ugly sign is posted in the entrance to the School district lot, NO LTC person can have a gun in their car. What the Principal said was true since the parking lots are not posted. You on the other hand have received verbal notice and that makes it as binding as a sign. Most school districts have it in their employee handbooks that guns are not allowed on district property.

Maybe Keith or Charles will chime in.
Given that a regular ISD is a government entity (property is government owned), a 30.06 sign would not be valid.
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Dave2
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Re: Boss says my vehicle has to be gun-free

#25

Post by Dave2 »

timtheteacher wrote:Unfortunately, there is no where to park on the street. High school is across from us and empty fields surrounding my school which are private property. I sure appreciate all the suggestions. This is a good forum full of good people. :tiphat:
Who owns it? They might not care if you park there.
I am not a lawyer, nor have I played one on TV, nor did I stay at a Holiday Inn Express last night, nor should anything I say be taken as legal advice. If it is important that any information be accurate, do not use me as the only source.

Right2Carry
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Re: Boss says my vehicle has to be gun-free

#26

Post by Right2Carry »

rtschl wrote:Wouldn't they need a search warrant to search? I would not give anyone permission to search my vehicle and I would not open my car for them unless a search warrant was in hand.
I will bet the search is a condition of employment and any refusal is grounds for termination.
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nightmare69
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Re: Boss says my vehicle has to be gun-free

#27

Post by nightmare69 »

I worked for an ISD for 10yrs and had a firearm in my vehicle everyday. Your best bet is to keep quite about it. The only person who knew I had a firearm was the SRO. He knew what I drove and didn't have a issue with it.
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