Motorcycle carry in parking lot

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Motorcycle carry in parking lot

Postby BigGuy » Wed Dec 19, 2012 5:27 pm

Labor Code Subchapter GA
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
concealed 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.


I think I know the answer, but I'm hoping there is either more to it, or I'm misinterpreting it.

I ride a motor cycle to work. My employer posts a non-conforming, "gun-buster" sign. There is also notice in the employee hand book that employees may not have a gun on the premises. We are required to sign the last page of the book stating that we have read it and will comply with it.
On those rare days when I take the pickup, the gun stays in the truck. No problem. But if I were to carry on my person while on the bike, then move the gun to the locked trunk after reaching work, would I be in violation? My concern is the short period of time between when I pull into the parking lot with the weapon in my holster and when I dismount the bike and transfer the gun to the trunk. Durring that time, it is not locked in my vehicle.
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Re: Motorcycle carry in parking lot

Postby JP171 » Wed Dec 19, 2012 5:38 pm

Big,

My take on that is that no it would not be a terminatable offense, however as everyone says IANAL and my opinion is worth what you paid for it. Also intentional failure to conceal would also not fall under this, before the oooooo you showed your weapon your guilty of intentional failure to conceal because you took it out and locked it in your bike crowd gets going. the down side to me is that bikes are relativly easy to steal and break into
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Re: Motorcycle carry in parking lot

Postby BigGuy » Wed Dec 19, 2012 5:57 pm

JP171 wrote:the down side to me is that bikes are relativly easy to steal and break into

A concern of mine also. The bike is a Valkyrie tourer. Dressed out and loaded, it's beter than 900 lbs. With forks locked, it would present a bit of a challenge to steal. Yes I know it can be done, but it's going to take somebody with a trailer and a winch. There's little I could realistically do in that event. And even cars are at risk in that case. One thing that helps is that one of our loading docks is in this area. The lot has a fair amount of traffic. There will be one or two people passing through it every few minutes.
I'm more concerned about somebody just smashing the 1/8 inch of fiberglass the trunk and bags are made of. I'm thinking about a small car safe, inside the saddle bag, with a cable running as unobtrusively as possible to the frame.
So far, breaking concealment hasn't been an issue. I can just catch nobody around and quickly make the transfer. I've decided that if I ever get into a situation where I simply can't get privacy, I'll just "forget" something at home and ride out of the lot to a place where I can get enough privacy to make the transfer.
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Re: Motorcycle carry in parking lot

Postby gwashorn » Wed Dec 19, 2012 8:40 pm

Count me in this as well. 1989 Venture Royal, almost 900 pounds of fun riding. If I carry on person and need to do a transfer before going into office. Looking for resolution on this as well.
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Re: Motorcycle carry in parking lot

Postby mloamiller » Thu Dec 20, 2012 4:31 pm

BigGuy wrote:So far, breaking concealment hasn't been an issue. I can just catch nobody around and quickly make the transfer. I've decided that if I ever get into a situation where I simply can't get privacy, I'll just "forget" something at home and ride out of the lot to a place where I can get enough privacy to make the transfer.


I do the same. Luckily we have a couple of spots for bikes that are a distance from the building. I've not had an issue as long as I remember to turn away from the front of the building before making the transfer.
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Re: Motorcycle carry in parking lot

Postby bones357 » Wed Dec 26, 2012 1:33 pm

I ride a Harley RGU. My solution to this problem is to wear a vest with chest pockets. There are several brands that have conceal pockets on them. Then when I get to a place I cannot carry in all i do is take the vest of with my gear. No suspicion, no chance of being 'made', and easy enough to take on and off.
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Re: Motorcycle carry in parking lot

Postby RPBrown » Wed Dec 26, 2012 2:24 pm

bones357 wrote:I ride a Harley RGU. My solution to this problem is to wear a vest with chest pockets. There are several brands that have conceal pockets on them. Then when I get to a place I cannot carry in all i do is take the vest of with my gear. No suspicion, no chance of being 'made', and easy enough to take on and off.



This is what I also do. I normally will not frequent those places where I cannot carry, however, when in a group ride, it sometimes happens. The vest is the best way to not have it seen.
Last edited by RPBrown on Thu Dec 27, 2012 7:40 am, edited 1 time in total.
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Re: Motorcycle carry in parking lot

Postby SlickTX » Wed Dec 26, 2012 4:34 pm

I used to have a '98 Valkyrie Tourer and am now on a '12 Harley Ultra Limited. I think by being as descrete as possible when you make the transfer you are acting in the spirit of your employer's rules and the parking lot exception and it would be hard to fault you on a technicality.

With that said, I too am worried more about how someone would crack the bags or the locks/hinges than with someone getting away with a secured 900 lb bike.
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Re: Motorcycle carry in parking lot

Postby PArrow » Thu Dec 27, 2012 3:53 pm

Using a vest or jacket is one way to move your carry from person to trunk, another is with a rag or towel. I keep a hand towel in the trunk that I use to wipe the bike down and such, I also use it to move my weapon from my carry location to the trunk. I just hold the towel in the middle and allow it to drape over the weapon as I take it out of the holster and place towel and weapon in the trunk.
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Re: Motorcycle carry in parking lot

Postby Happily Ever After » Thu Dec 27, 2012 7:56 pm

JP171 wrote:My take on that is that no it would not be a terminatable offense, however as everyone says IANAL and my opinion is worth what you paid for it.

The company can fire him for any reason they want. They don't even have to give a reason officially if they don't care if he collects unemployment. If they do fire him, and aren't idiots, it can be tough proving they violated the parking lot law. That's not a case where I want to be the plaintiff, especially with recent news coverage on guns.
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Re: Motorcycle carry in parking lot

Postby The Annoyed Man » Thu Dec 27, 2012 9:54 pm

Motorcycle carry in the parking lot is no problem at all. Motorcycle carry inside the building might be a BIG problem.

OK, look, nobody else said it, and it needed to be said. Just sayin' "rlol"
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Re: Motorcycle carry in parking lot

Postby texasfireman » Fri Jan 04, 2013 11:16 pm

This is problem for me also, ride bike to work often and owner of building allows us to park inside warehouse portion of building instead of parking lot. (company rents space) Not sure of rammifications of having handgun in the bike ( not in parking lot, parked inside building)
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