No. You are confusing two things, criminal statutes and civil statutes.tbryanh wrote:So if the company handbook says no firearms allowed and you are caught carrying, it is a Class C misdemeanor. If you are told to leave at that point and you refuse, it becomes a Class A misdemeanor. Is this correct?
If a company handbook, in written form, simply states that "no handguns are allowed to be carried by employees while at work" then all that has happened is that the employer has conveyed to the reader of the handbook his expectations that continued employment depends on the employee complying with the handbook admonishments. The consequence of violating this handbook statement may result in being fired, but nothing criminal.
If, however, the handbook, as a document under 30.06 and 30.07, has written in it...“Pursuant to Section 30.06, Penal Code (trespass by license holder with a concealed handgun), a person licensed under Subchapter H, Chapter 411, Government Code (handgun licensing law), may not enter this property with a concealed handgun”
or...“Pursuant to Section 30.07, Penal Code (trespass by license holder with an openly carried handgun), a person licensed under Subchapter H, Chapter 411, Government Code (handgun licensing law), may not enter this property with a handgun that is carried openly”
and the employee is required by some mechanism of employment to read the handbook, then that employee has been properly notified under 30.06 and/or 30.07 and failure could not only mean termination of employment but also a Class C (and possibly Class A) criminal trespass.