Workplace Policy with New Law

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TexasAggie09
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Workplace Policy with New Law

#1

Post by TexasAggie09 »

Howdy Yall,
I think I know the answer to this question but I want to make sure I'm not forgetting anything. My place of employment has a "no weapons allowed on property" policy that also extends to jobsites. If I remember correctly, the employee parking lot bill frees me from LEGAL issues if I have a firearm in my truck BUT the company, if they find out, can still take action such as firing me, correct? Just want to make sure because it sure sucks I can't carry en route to and from work!
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AEA
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Re: Workplace Policy with New Law

#2

Post by AEA »

Their policy must be changed.
They can fire you for any reason they decide to use. But, they are in violation of State Law on the parking lot thingy and you can sue them for that.
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¿Qué?

Re: Workplace Policy with New Law

#3

Post by ¿Qué? »

TexasAggie09 wrote:Howdy Yall,
I think I know the answer to this question but I want to make sure I'm not forgetting anything. My place of employment has a "no weapons allowed on property" policy that also extends to jobsites. If I remember correctly, the employee parking lot bill frees me from LEGAL issues if I have a firearm in my truck BUT the company, if they find out, can still take action such as firing me, correct? Just want to make sure because it sure sucks I can't carry en route to and from work!
It's the other way around. The parking lot law does not change where it's legal to have a gun in your car. The parking lot law says your employer may not prohibit you from having a firearm in your car.

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Re: Workplace Policy with New Law

#4

Post by Jeff Barriault »

Have you read the bill? It actually prevents employers from enacting and enforcing policies to prohibit employees from storing firearms in their locked, private motor vehicles while parked at work.
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TexasAggie09
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Re: Workplace Policy with New Law

#5

Post by TexasAggie09 »

Thanks for the replies y'all. I haven't read the bill since it passed and my memory is no good. I guess it'd be the safe bet though to wait until they change their policy though right?

EDIT* After more research, it appears I can still be prohibited from carrying on leased oil/gas sites such as drilling sites. And being an at-will state, I can still be terminated if, say, I didn't "register" the gun with HR or something like that. Sounds like a ton of risk to my job given that I will be sent to the job site at the drop of a hat or can be terminated for no reason!
Taurus Model 82 .38 Special
Taurus PT145 Millenium Pro
CZ 75 B 9mm
Smith & Wesson 642 .38 Special
Remington 870 Express Home Defense
Sig Sauer P229 Enhanced Elite .40 S&W
Rock River LAR-15 Elite Operator 2 .223/5.56

Fightin' Texas Aggie Class of 2009

Jusster
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Re: Workplace Policy with New Law

#6

Post by Jusster »

TexasAggie09 wrote:Thanks for the replies y'all. I haven't read the bill since it passed and my memory is no good. I guess it'd be the safe bet though to wait until they change their policy though right?
Personally speaking, I wouldn’t wait. The law went into effect Sept 1 so by law you have the right to keep your firearm in your vehicle. I also wouldn’t even bring it up to them that they need to update their policy. If you bring it up they may create one just for you with lots of guidelines you must follow. I would definitely read the bill though, there are certain exceptions for schools and chemical plants if you are employed by either.

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40khammer
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Re: Workplace Policy with New Law

#7

Post by 40khammer »

I have a similar question. I work for a state agency that has a policy that requires firearms, if left in a vehicle, to be stored in the trunk(or locked compartment if the vehicle does not have a trunk. IE. pickup truck) and unloaded.

Can they dictate how I store my firearm?

shh83
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Re: Workplace Policy with New Law

#8

Post by shh83 »

my employer has their parking garage 30.06 posted!

I do not want to cause any issues at work...I just do not park in it
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C-dub
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Re: Workplace Policy with New Law

#9

Post by C-dub »

shh83 wrote:my employer has their parking garage 30.06 posted!

I do not want to cause any issues at work...I just do not park in it
Does your employer own the parking garage? If your employer does then this sign cannot apply to you.

This situation happened with one of the other fellows around here, but it wasn't his employer that owned the actual parking garage.
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3dfxMM
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Re: Workplace Policy with New Law

#10

Post by 3dfxMM »

shh83 wrote:my employer has their parking garage 30.06 posted!

I do not want to cause any issues at work...I just do not park in it
As long as the firearm remains concealed in the vehicle, you are covered under the MPA and the 30.06 sign has no meaning. Neither who owns the garage, nor whether or not you are an employee of the company is irrelevant.
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BFGJoe
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Re: Workplace Policy with New Law

#11

Post by BFGJoe »

By "job site" do you mean property that your employer owns or places where your company has a contract to provide services and/or do business?

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Bart
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Re: Workplace Policy with New Law

#12

Post by Bart »

3dfxMM wrote:As long as the firearm remains concealed in the vehicle, you are covered under the MPA and the 30.06 sign has no meaning.
But a gunbuster or a simple "NO WEAPONS" sign does have meaning for MPA. (TPC 30.05)
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Re: Workplace Policy with New Law

#13

Post by 3dfxMM »

I am not sure I believe that. Can you provide more information?
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Re: Workplace Policy with New Law

#14

Post by C-dub »

3dfxMM wrote:
shh83 wrote:my employer has their parking garage 30.06 posted!

I do not want to cause any issues at work...I just do not park in it
As long as the firearm remains concealed in the vehicle, you are covered under the MPA and the 30.06 sign has no meaning. Neither who owns the garage, nor whether or not you are an employee of the company is irrelevant.
Easy there. SB321 prevents employers from having policies against keeping guns in our vehicles in the parking lot. If I own a parking garage and charge people to park there I can certainly post a valid 30.06 sign and prevent everyone carrying with a CHL from bringing their guns into that parking lot or garage. The only exception for our purposes here is that this sign would not apply to my own employees.

And, a simple gunbuster sign is effective notice for the unlicensed. So does the "Unlicensed Possession" sign we see in so many places. It just won't apply to employees. If the employer doesn't own the parking lot it is not their policy, so they are in the clear. Whoever would be in this situation wold simply have to park somewhere else if they wanted to keep their gun in their vehicle.
I am not and have never been a LEO. My avatar is in honor of my friend, Dallas Police Sargent Michael Smith, who was murdered along with four other officers in Dallas on 7.7.2016.
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Bart
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Re: Workplace Policy with New Law

#15

Post by Bart »

3dfxMM wrote:I am not sure I believe that. Can you provide more information?
Read it and see for yourself that 30.05 has no MPA loopholes.
Those who cannot remember the past are condemned to repeat it.
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