"Possession of Unauthorized Firearms"

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The Annoyed Man
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Re: "Possession of Unauthorized Firearms"

#16

Post by The Annoyed Man »

Question....

If you are carrying a concealed weapon under the authority of your CHL, and as a city library employee you interact with students a school field trip to the library, are you in violation of the law?

:mrgreen:

...seriously? Would you be breaking the law? Something to consider...
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Re: "Possession of Unauthorized Firearms"

#17

Post by boomerang »

Keith B wrote:
Embalmo wrote: I've never heard of a employee manual that didn't prohibit firearms.
I have never seen it personally, but I bet Charles' employee manual doesn't have a restriction on carrying. That is unless it specifies you HAVE to carry a 1911. :lol:
Our employee manual doesn't mention firearms or weapons. One of the many reasons I work here.
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Re: "Possession of Unauthorized Firearms"

#18

Post by Keith B »

camlott wrote:
I would say that "unauthorized" in this case means any weapon which is not specifically authorized by your employer.
:iagree:

To the OP's question on if it would be illegal for him to carry...
AFAIK Employee handbooks do not determine law. I suppose they could get you for trespass, but just because you disobey something in an employee handbook does not mean you broke a law. (IANAL)
Actually, if the verbage in the handbook was in the form of TPC 30.06, then it oweuld be illegal. Otherwise it is just a violation of company policy and you can be fired.
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Re: "Possession of Unauthorized Firearms"

#19

Post by chartreuse »

Keith B wrote:
camlott wrote:
I would say that "unauthorized" in this case means any weapon which is not specifically authorized by your employer.
:iagree:

To the OP's question on if it would be illegal for him to carry...
AFAIK Employee handbooks do not determine law. I suppose they could get you for trespass, but just because you disobey something in an employee handbook does not mean you broke a law. (IANAL)
Actually, if the verbage in the handbook was in the form of TPC 30.06, then it oweuld be illegal. Otherwise it is just a violation of company policy and you can be fired.
I think this point about the exact form of words is important. My employer's handbook says no weapons on the premises and has a line that says even if you have a CHL. But the wording looks nothing like the text specified in 30.06. I take this to mean that, should an employee with a CHL be discovered carrying at work, he or she could be fired, but would not be breaking the law (assuming said employee had avoided ever receiving verbal notice).
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Re: "Possession of Unauthorized Firearms"

#20

Post by Keith B »

chartreuse wrote:I think this point about the exact form of words is important. My employer's handbook says no weapons on the premises and has a line that says even if you have a CHL. But the wording looks nothing like the text specified in 30.06. I take this to mean that, should an employee with a CHL be discovered carrying at work, he or she could be fired, but would not be breaking the law (assuming said employee had avoided ever receiving verbal notice).
This is correct.
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Re: "Possession of Unauthorized Firearms"

#21

Post by PetrucciFan »

Since it is a public library, even if the handbook had correct 30.06 wording, it couldn't be legally enforced, even for an employee....right?? I'm sure you could be fired, but in my opinion, there would be no legal ramifications regardless of "proper" notification or not. IANAL
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Re: "Possession of Unauthorized Firearms"

#22

Post by bdickens »

Put it on. Cover it up. Shut up.
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Re: "Possession of Unauthorized Firearms"

#23

Post by Pinkycatcher »

Embalmo wrote:I've never heard of a employee manual that didn't prohibit firearms.
My employee handbook has no policy on any weapons of any kind, it only mentions drugs or alcohol. But I'm not gonna tell them, and luckily both the insurance and the risk management are both very pro-gun, so it's not gonna come from them.
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Re: "Possession of Unauthorized Firearms"

#24

Post by stevie_d_64 »

bdickens wrote:Put it on. Cover it up. Shut up.
Simplicity at its finest... :thumbs2:
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Re: "Possession of Unauthorized Firearms"

#25

Post by chartreuse »

stevie_d_64 wrote:
bdickens wrote:Put it on. Cover it up. Shut up.
Simplicity at its finest... :thumbs2:
Except... there are places of work where employees are subject to random search. Which raises the question, what would be the preferred course of action if a person, carrying in violation of their employer's rules but not illegally, was selected for such a search?

NB: I'm not advocating for or against carry in such a situation, just asking a question.

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Re: "Possession of Unauthorized Firearms"

#26

Post by RPB »

lan40583 wrote:I'm an employee of a city in the Dallas area. Without going into too much detail about my actual job, I'll just say that I interact with the public on a daily basis but not in a building where carrying a concealed weapon would necessarily be prohibited.

In my employee handbook there is only one line referencing firearms, prohibing the "Possession of unauthorized firearms or lethal weapons on the job." My initial thought would be that the only "authorized weapons" in this case are those carried by police officers, but would the fact that I have a CHL mean that I am carrying an "authorized" or "unauthorized" firearm. I have no doubt that if I were caught carrying at work that I would be fired, but would I breaking the law?

I'd take the language to mean just what it says...

Texas Peace officers are authorized to carry by the State of Texas
The State of Texas authorized me to carry a concealed handgun whether Revolver OR Semi-Auto ...
Now if the State ONLY authorized you to carry a REVOLVER, and you get caught carrying a semi-auto, you are NOT AUTHORIZED to carry a semi-auto ... I'd take the language to mean just what it says...

I imagine I would be fired if I was caught carrying a firearm I was NOT authorized to carry ... I could also face criminal charges for carrying an unauthorized firearm, or type of firearm that I am NOT authorized to carry by the State of Texas... So I'd take that seriously.

I'd take the language to mean just what it says...
If there is other notice in the employee handbook, such as "or lethal weapons on the job" then I'd pay attention to that too....
and leave my maglight and ballpoint pen and letter opener and sizzors and steel toed boots and anything else that could be used as a lethal weapon, at home.

That said, I have no idea what the intentions were of the policy makers who wrote your policy manual, and I'm no lawyer and don't lose your job on my account if you need that job. Might stock up on non-lethal weapons to carry.
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Re: "Possession of Unauthorized Firearms"

#27

Post by alpmc »

This is my two cents worth. Civilian verses employee.

If and when I become a CCL holder in the state of Texas I will be authorized, as a civilian, to carry a concealed Semi-Automatic weapon anywhere as long as I comply to applicable penal codes.

First............As an employer, I may specifically state in my employee handbook that I do NOT want any employee, who is not authorized by me, to carry a firearm regardless of said employees compliance to Texas State law (CCL) and penal code. If my employee does NOT comply to my rules, as clearly stated in my handbook, it can result in immediate termination!

This is a matter of determining your employers exact definition of "unauthorized"!!!!

Second.........would you be breaking the law. Only if your employer had a legal 30.06 posted on his business or, if your in violation of a specific Penal Code, such as PC 46.035. b 2 as The Annoyed Man stated earlier.
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Re: "Possession of Unauthorized Firearms"

#28

Post by Purplehood »

Keith B wrote:
chartreuse wrote:I think this point about the exact form of words is important. My employer's handbook says no weapons on the premises and has a line that says even if you have a CHL. But the wording looks nothing like the text specified in 30.06. I take this to mean that, should an employee with a CHL be discovered carrying at work, he or she could be fired, but would not be breaking the law (assuming said employee had avoided ever receiving verbal notice).
This is correct.
As I understand it, the above is specifically verbal notice. There is no requirement for the wording to look like a 30.06 sign (let alone the legally mandated text size), when verbal notice is given instead.
Printing out the notice in a handbook is indeed, verbal notice.
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Re: "Possession of Unauthorized Firearms"

#29

Post by sjfcontrol »

Purplehood wrote:
As I understand it, the above is specifically verbal notice. There is no requirement for the wording to look like a 30.06 sign (let alone the legally mandated text size), when verbal notice is given instead.
Printing out the notice in a handbook is indeed, verbal notice.
The law does not speak of "verbal" notice. It refers to either written, or ORAL notice. Notice given in an employee handbook is written notice, and must be worded according to 30.06 in order to be legally binding. (i.e. a crime, as opposed to cause for dismissal.) The form for ORAL notice is not defined, so ANY oral notice (from an individual entitled to issue it) is valid.
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Re: "Possession of Unauthorized Firearms"

#30

Post by Purplehood »

sjfcontrol wrote:
Purplehood wrote:
As I understand it, the above is specifically verbal notice. There is no requirement for the wording to look like a 30.06 sign (let alone the legally mandated text size), when verbal notice is given instead.
Printing out the notice in a handbook is indeed, verbal notice.
The law does not speak of "verbal" notice. It refers to either written, or ORAL notice. Notice given in an employee handbook is written notice, and must be worded according to 30.06 in order to be legally binding. (i.e. a crime, as opposed to cause for dismissal.) The form for ORAL notice is not defined, so ANY oral notice (from an individual entitled to issue it) is valid.
I think you are interpreting the intent of the law incorrectly.

Please keep in mind that I am not a lawyer. At least I don't get any paychecks for my legal advice...
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