"Possession of Unauthorized Firearms"

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lan40583
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"Possession of Unauthorized Firearms"

#1

Post by lan40583 »

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?
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LaserTex
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Re: "Possession of Unauthorized Firearms"

#2

Post by LaserTex »

Not posted 30.06 - no
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Teamless
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Re: "Possession of Unauthorized Firearms"

#3

Post by Teamless »

lan40583 wrote:or lethal weapons on the job
is the part of the handbook that I would be looking at.
To answer your "Would I be breaking the law?" my guess is no, but not knowing where your job takes you, is there a possibility of some of those areas being off limits to CHL'ers?
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Re: "Possession of Unauthorized Firearms"

#4

Post by fickman »

Not breaking any laws.

By "authorized", do they mean authorized by them? If so, you can count on being fired, yet possibly grateful to be alive to receive your pink slip in person.

If they just mean non-illegal / banned firearm, maybe you won't even be fired. Since it's the government, there's always the chance a lawyer can get your job back for you, plus pay for the period of your wrongful termination. Good luck!
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lan40583
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Re: "Possession of Unauthorized Firearms"

#5

Post by lan40583 »

Okay, well I guess I may need to go into a little more detail about my job. I work in a public library, so no issue of violating a 30.06 sign because none is posted at the location at which I work.
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Teamless
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Re: "Possession of Unauthorized Firearms"

#6

Post by Teamless »

lan40583 wrote:public library,
in that case, I would say that you are not breaking any laws, unless the library is in the same building as the courthouse, which is sometimes the case is smaller towns. Or if you are adjoined to any other "off limits" locations as well.
If your library is a polling place, of course you cannot carry when polling is going on, and other such limitations.

As has been said on this forum many, many times
Concealed means concealed
so if you carry, no one should ever know, period, end of story. So while you may be breaking the policy, you should not be breaking any laws.
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Keith B
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Re: "Possession of Unauthorized Firearms"

#7

Post by Keith B »

Unless you have been given oral notice that carrying a firearm is against policy or the employee handbook has the 30.06 wording, then you would not be breaking the law. There is one area I would even think was gray, and that would be if the city could give verbal notice or put it in the 30.06 format and be legally binding? They can fire you for sure, but not sure they can even legally keep you from carrying. :headscratch

And, IANAL. ;-)
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Re: "Possession of Unauthorized Firearms"

#8

Post by Salty1 »

In my employee handbook there is only one line referencing firearms, prohibing the "Possession of unauthorized firearms or lethal weapons on the job."

This in itself would be a reason for termination as a firearm is considered a lethal weapon, remember that Texas is a Right to Work state which gives the employer a lot of leeway in terminating people. The employee handbook are the rules which we must work by in order to remain employeed. I would not want to lose my job as a test case. The company I work for has similar language in our handbooks, I always remember that concealed means concealed..... If anything did happen I would rather risk losing my job then be carried in a pine box, but to each their own.....
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Re: "Possession of Unauthorized Firearms"

#9

Post by surprise_i'm_armed »

salty1:

True. You can get a new job more easily than a new life.

If an employee in such a situation decides to carry on the job,
that person must remember "concealed is concealed".

It would be more likely for that person to be "made" by telling
a co-worker of their gun than by printing. When people know
a secret, it doesn't stay secret too long, especially if the non-gunowner
perceives an advantage in telling management.

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Re: "Possession of Unauthorized Firearms"

#10

Post by Embalmo »

Or some signage missionary could indicate that the library should be posted 30.06 if they are going to have such a policy; or that the employees should all be briefed orally about gun policies. I've never heard of a employee manual that didn't prohibit firearms. I'm guessing that no such prohibition, employers fear, is tantamount to permission and would generate liability in an office shooting where the CHL is the bad guy. I bet that if a CHL employee had to appropriately draw and or fire in the workplace there would be a good chance of maintaining their employment. And of course, unlike cats, we only have one life.
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Keith B
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Re: "Possession of Unauthorized Firearms"

#11

Post by Keith B »

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:
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Re: "Possession of Unauthorized Firearms"

#12

Post by sjfcontrol »

Same with the policy manuals at ALL shooting ranges (where the employees usually open-carry anyway).
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Re: "Possession of Unauthorized Firearms"

#13

Post by camlott »

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)
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Re: "Possession of Unauthorized Firearms"

#14

Post by tacticool »

Embalmo wrote:I've never heard of a employee manual that didn't prohibit firearms.
Ours prohibits carrying in violation of state or federal firearm laws.
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