Authorization for hospital carry ?

CHL discussions that do not fit into more specific topics

Moderators: Charles L. Cotton, carlson1

Post Reply
User avatar

Topic author
Longhorn-breeder
Member
Posts in topic: 1
Posts: 82
Joined: Fri Dec 28, 2012 4:10 pm

Authorization for hospital carry ?

#1

Post by Longhorn-breeder » Sat Sep 13, 2014 7:37 pm

I work for a hospital on the north side of Houston. I work 7p-7a and have to drive over an hour to get to work. Based on the hospital being posted 30.06 and haveing a statement in the handbook "prohibiting possession of any weapon including firearms " I am in the position of having to lock my EDC in the vehicle while at work. I am blessed to have access to a fenced "secured" parking lot. This is the best option for parking as when in the past I parked in the main visitor lot my truck was broken into. I know if I make every attempt to secure the vehicle and my EDC in a lock box I am doing my best (short of not carrying to work) I read this in the state law that the following applies.

"C §46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE HOLDER. (a) A license holder commits an offense if the license holder carries a handgun on or about the license holder’s person under the authority of Subchapter H, Chapter 411, Government Code, and intentionally displays the handgun in plain view of another person in a public place.
(b) A license holder commits an offense if the license holder intentionally, knowingly, or recklessly carries a handgun under the authority of Subchapter H, Chapter 411, Government Code, regardless of whether the handgun is concealed, on or about the license holder’s person:
...
(4) on the premises of a hospital licensed under Chapter 241, Health
and Safety Code, or on the premises of a nursing home licensed under Chapter 242, Health and Safety Code, unless the license holder has written authorization of the hospital or nursing home administration, as appropriate"

So if this is the case and I work for a hospital I would need the "authorization" of an administrator? I am wondering if any of you know anyone who has done this. I am wondering if it is worth disclosing to attempt to get them to authorize securing the lock box in my locker or the security office? Any thoughts?
Longhorn-breeder
Central TX

User avatar

Charles L. Cotton
Site Admin
Posts in topic: 1
Posts: 17567
Joined: Wed Dec 22, 2004 9:31 pm
Location: Friendswood, TX
Contact:

Re: Authorization for hospital carry ?

#2

Post by Charles L. Cotton » Sat Sep 13, 2014 7:52 pm

The definition of "premises" for purposes of TPC §§46.03 and 46.035 includes only the building. You do not need authorization to avoid prosecution under §46.035(b)(4).

Chas.

User avatar

sammeow
Member
Posts in topic: 1
Posts: 61
Joined: Tue Mar 26, 2013 8:29 pm
Location: MidCities

Re: Authorization for hospital carry ?

#3

Post by sammeow » Sat Sep 13, 2014 7:56 pm

You might check into the possibility of checking your pistol with security. Some will allow this. Carry to their office, turn over to them for lockup then get it back when you leave.


cb1000rider
Senior Member
Posts in topic: 1
Posts: 2505
Joined: Wed Jun 12, 2013 3:27 pm

Re: Authorization for hospital carry ?

#4

Post by cb1000rider » Sat Sep 13, 2014 9:03 pm

That problem with that is that it screams probable violation of employee conduct... I wouldn't even think about it unless I observed that sort of thing going on. Best case, make a discreet inquiry with security.

User avatar

Keith B
Moderator
Posts in topic: 1
Posts: 18258
Joined: Sat Aug 18, 2007 3:29 pm

Re: Authorization for hospital carry ?

#5

Post by Keith B » Mon Sep 15, 2014 8:40 am

As Charles states, the definition of premises is for the building only, so you do not need authorization to keep it locked in your vehicle in the parking lot, and your employer cannot prohibit you from doing that,

Now, if you want to carry in the building, you would need authorization from administration, but that is only to get the waiver for carrying past the 30.06 sign and exemption from the employee handbook rule. If you do ask for and receive that type of permission, then make sure to get a signed written copy of the authorization to keep in case anyone questions you carrying into the building.
Keith
Texas LTC Instructor, Missouri CCW Instructor, NRA Certified Pistol, Rifle, Shotgun Instructor and RSO, NRA Life Member

Psalm 82:3-4

Post Reply

Return to “General Texas CHL Discussion”