Need a more clear understanding please...

[Wisewr]

I thought I understood the latest of the Texas gun laws, but I want to ask and make sure because mine as well as other's jobs could be on the line.

I was under the understanding that the latest law allowed an individual, whether a CHL holder or not, to stow a weapon in their personal car in the employees parking lot as long as the lot was not an enclosed lot with security. I also know that there was a speacial provision for refineries/chemical plants that allowed them to restrict access. The company I work for, which is a refiner/chemical manufactuer, wanted everyone to register their guns with HR. The way I understood the law was that if you wanted to carry there and did NOT have a CHL, they could require you to register or something of that nature. If you DID have a CHL, then you didn't have to register or make any speacial prvosions with them.

They recently had a random search and some people got popped, that's why I'm asking.

[WildBill]

I thought I understood the latest of the Texas gun laws, but I want to ask and make sure because mine as well as other's jobs could be on the line.

I was under the understanding that the latest law allowed an individual, whether a CHL holder or not, to stow a weapon in their personal car in the employees parking lot as long as the lot was not an enclosed lot with security. I also know that there was a speacial provision for refineries/chemical plants that allowed them to restrict access. The company I work for, which is a refiner/chemical manufactuer, wanted everyone to register their guns with HR. The way I understood the law was that if you wanted to carry there and did NOT have a CHL, they could require you to register or something of that nature. If you DID have a CHL, then you didn't have to register or make any speacial prvosions with them.

They recently had a random search and some people got popped, that's why I'm asking.

I never heard about the registration part. What happened to the people who "got popped"?

[Wisewr]

He was terminated.

I think the registration part fell under the terms of "could restrict access." But, I don't know for sure, that's why I'm asking.

[Keith B]

I thought I understood the latest of the Texas gun laws, but I want to ask and make sure because mine as well as other's jobs could be on the line.

I was under the understanding that the latest law allowed an individual, whether a CHL holder or not, to stow a weapon in their personal car in the employees parking lot as long as the lot was not an enclosed lot with security. I also know that there was a speacial provision for refineries/chemical plants that allowed them to restrict access. The company I work for, which is a refiner/chemical manufactuer, wanted everyone to register their guns with HR. The way I understood the law was that if you wanted to carry there and did NOT have a CHL, they could require you to register or something of that nature. If you DID have a CHL, then you didn't have to register or make any speacial prvosions with them.

They recently had a random search and some people got popped, that's why I'm asking.

A refinery can prohibit an employee from having a gun in their vehicle it the parking area meets certain requirements:

(F)property owned or leased by a chemical manufacturer or oil and gas refiner with an air authorization under Chapter 382, Health and Safety Code, and on which the primary business conducted is the manufacture, use, storage, or transportation of hazardous, combustible, or explosive materials, except in regard to an employee who holds a license to carry a concealed handgun under Subchapter H, Chapter 411, Government Code, and who stores 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 that is outside of a secured and restricted area:

(i) that contains the physical plant;

(ii) that is not open to the public; and

(iii)the ingress into which is constantly monitored by security personnel.

If the parking area doesn't meet these requirements, then they cannot restrict you from parking there. If it does meet the requirements, and the company is making provisions to allow employees to park there, then they can set other guidelines and that is a private agreement between the employer and employee.

[WildBill]

It sounds like the company doesn't want handguns on the property.
I don't think I would want to give my name to HR.

[Wisewr]

A refinery can prohibit an employee from having a gun in their vehicle it the parking area meets certain requirements:

(F)property owned or leased by a chemical manufacturer or oil and gas refiner with an air authorization under Chapter 382, Health and Safety Code, and on which the primary business conducted is the manufacture, use, storage, or transportation of hazardous, combustible, or explosive materials, except in regard to an employee who holds a license to carry a concealed handgun under Subchapter H, Chapter 411, Government Code, and who stores 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 that is outside of a secured and restricted area:

(i) that contains the physical plant;

(ii) that is not open to the public; and

(iii)the ingress into which is constantly monitored by security personnel.

If the parking area doesn't meet these requirements, then they cannot restrict you from parking there. If it does meet the requirements, and the company is making provisions to allow employees to park there, then they can set other guidelines and that is a private agreement between the employer and employee.

The parking lot does not contain the physical plant, it is open to the public, it has a motion sensor that alerts a remote security guard in the event someone does enter the parking lot. So, I guess that would qualify as being constantly monitored.

But what about "except in regard to an employee who holds a license to carry a concealed handgun under Subchapter H, Chapter 411." I read that to say that if you have a CHL, this shouldn't apply to you. If you donn't, here are the rules.

Am I missing something?

[The Annoyed Man]

If you can divulge it without being too specific, what kind of company do you work for, and what has been their previous attitude toward individual rights other than the usual corporate mambo jumbo and CYA?

[tacticool]

But what about "except in regard to an employee who holds a license to carry a concealed handgun under Subchapter H, Chapter 411."

Correct. An employee with a CHL is protected by the parking lot law if they park outside the secured and restricted area. An employee without a CHL is not. (Specifically talking about certain chemical companies.)
http://www.capitol.state.tx.us/tlodocs/ ... 00321F.doc

[Wisewr]

The Annoyed Man, the company, to my knowledge, is a subsidiary of a major oil company. So, they are going to be in line with the corporate America. As I stated before, it didn't seem that they minded if you brought a gun onto the premises, just that they wanted to know who was bringing and what they were bringing. The register request happened with the new gun laws. Before, corporate policy didn't allow for such. I guess in short, they don't encourage it, but want to be legal. I just don't understand the register part. It doesn't seem to me that the new law allows for the ability to ask employees to register, that's why I'm seeking more understanding.

tacticool, I guess since the ingress is constantly monitored they could consider it secured. But, in my mind, if it meet the qualifications listed in they law, they would stick with the old company policy and restrict guns altogether, not ask people to register them.

Sorry it's been a day or two before I replied. It's been a long weekend. Anniversary, her birthday, and Mother's Day all in one weekend!

[scud runner]

The Annoyed Man, the company, to my knowledge, is a subsidiary of a major oil company. So, they are going to be in line with the corporate America. As I stated before, it didn't seem that they minded if you brought a gun onto the premises, just that they wanted to know who was bringing and what they were bringing. The register request happened with the new gun laws. Before, corporate policy didn't allow for such. I guess in short, they don't encourage it, but want to be legal. I just don't understand the register part. It doesn't seem to me that the new law allows for the ability to ask employees to register, that's why I'm seeking more understanding.

tacticool, I guess since the ingress is constantly monitored they could consider it secured. But, in my mind, if it meet the qualifications listed in they law, they would stick with the old company policy and restrict guns altogether, not ask people to register them.

Sorry it's been a day or two before I replied. It's been a long weekend. Anniversary, her birthday, and Mother's Day all in one weekend!

1. The parking lot law doesn't look like it has anything prohibiting employers from asking employees to register if they want to have a gun in their car. A general principle in US law is if it's not prohibited, it's allowed. However, we won't know for sure until the courts get involved.

2. If the parking lot is outside the secured area that contains the physical plant, it looks like they have to allow CHL to have a gun in the car but not other people. That looks like it opens the door for the company to ask for proof the employee has a CHL if they want to have a gun in their car.

3. You're out of luck if you drive a compnay car or truck.

[bkj]

The law has no teeth. If your employer decides to fire you without giving a reason you have no recourse. I would not tell my employer that I have a firearm in my car.

[Wisewr]

My only reservation is that sub section iii says that if the ingress is constantly monitored then they CAN restrict you from bringing a gun on the property. Is that the correct understanding? If so, then their being nice by allowing it as long as you register with them, because there are sensors that alert guards when people pull into the parking lot.

I don't mean to sound repetative, I just want to have a clear understanding before I get in that situation.

[The Annoyed Man]

My only reservation is that sub section iii says that if the ingress is constantly monitored then they CAN restrict you from bringing a gun on the property. Is that the correct understanding? If so, then their being nice by allowing it as long as you register with them, because there are sensors that alert guards when people pull into the parking lot.

I don't mean to sound repetative, I just want to have a clear understanding before I get in that situation.

As far as the law goes, you're not required to submit the information to your employer if you have a CHL. Also, as far as I understand it, if you have a CHL, they can't fire you for having a gun secured in your car (secured parking regs excepted). That said, as others have said, they can fire you because they don't like the cut of your jib. It's also possible that they want CHLs to register their weapons with HR so that they can have a list of people to fire. Who knows?

Have you actually gotten a written copy of the policy? If so, can you post it here so that someone can give you a more detailed answer? I'm asking because I'm not entirely clear from your previous posts what your employer is actually requiring of you or how they are differentiating between people who have a gun in their car under MPA, and those who have a gun in their car under CHL.

[RHenriksen]

It also sounds like something Alice Tripp might want to hear about. Pretty sure she's expressed interest in hearing the ways different corporations are trying to get around the spirit of the new parking lot law.

http://www.tsra.com" onclick="window.open(this.href);return false;

[kjolly]

Sounds like a good way for a company to filter a short list on whose car to search.
I worked for a company that did random drug tests. Every six months they selected two people to test. It was amazing how often my name was in the random test. Just because I used to have a pony tail. I have some inside information that my company while having a very anti rule in the handbook they copied from some yankee source that the HR is very gun friendly and several of the owners carry. Am I going to tell them. No!