A somewhat unique situation.

CHL discussions that do not fit into more specific topics

Moderators: carlson1, Charles L. Cotton


Topic author
FigNewton
Junior Member
Posts in topic: 3
Posts: 18
Joined: Mon Aug 26, 2013 10:08 am

A somewhat unique situation.

#1

Post by FigNewton »

So I now have to drive into town for work. I have found that taking the bus is the easiest solution, Let me preface this with a couple of notes. First, the bus and my work both seem to prohibit weapons onsite although neither has the proper legal signage at any point of entry. I am a lawful chl holder in good standing. I was wondering if I was to purchase a small safe, a little larger than my gun and keep this in my backpack so that the weapon is locked up, would I or wouldn't I be in shape legally. Since I have to leave my car at the park and ride I am hesitant to just leave my weapon there where it would be sitting unattended all day long. I understand that my employer has a right to ban weapons and that I would be subject to termination if it was ever exposed or I needed to use it. But keeping it in a backpack in a closed safe, I would suspect that if anyone ever went through my pack I could refuse to open the safe and not divulge the contents. There are plenty of other reasons one might carry a small safe in their belongings. One of my other concerns with this is if I leave my office and even though it's locked up, the weapon is not on me, is that just asking for more legal issues? I feel like this situation where you have to park and take public transportation puts me at a disadvantage to being able to concealed carry my weapon as I am legally allowed. Any thoughts or comments would be appreciated.

twomillenium
Senior Member
Posts in topic: 2
Posts: 1691
Joined: Tue Mar 26, 2013 10:42 pm
Location: houston area

Re: A somewhat unique situation.

#2

Post by twomillenium »

You do not say where you are located. Public transportation that is not owned privately, is not allowed to deny Licensed carry. Your place of work can, they do not even have to have signage if they have notified you. This could be done as simply as notification in your employee handbook.
Texas LTC Instructor, NRA pistol instructor, RSO, NRA Endowment Life , TSRA, Glock enthusiast (tho I have others)
Knowledge is knowing a tomato is a fruit, wisdom is knowing not to add it to a fruit salad.

You will never know another me, this could be good or not so good, but it is still true.
User avatar

Jusme
Senior Member
Posts in topic: 1
Posts: 5350
Joined: Tue Jan 19, 2016 4:23 pm
Location: Johnson County, Texas

Re: A somewhat unique situation.

#3

Post by Jusme »

Your post is rather vague, but short answer, if the bus, is a munincipality, in Texas, carrying is not illegal. No need to lock up your gun. As far as your employer, if you have been told, that carrying is prohibited, you have been given effective notice. But, it will more than likely only cost you your job, if caught.
You have brought up an interesting conundrum, in that people who drive to their jobs, can leave their guns in their personal vehicle, in the parking lot, but those who take public transportation, have no option, but to either commute unarmed, or, violate company rules, about carrying.
Take away the Second first, and the First is gone in a second :rules: :patriot:

Topic author
FigNewton
Junior Member
Posts in topic: 3
Posts: 18
Joined: Mon Aug 26, 2013 10:08 am

Re: A somewhat unique situation.

#4

Post by FigNewton »

I am in the Austin area, so the bus line is Cap Metro. I was being intentionally vague, but I guess that's not much help. I also work for the state, which brings up something that kind of torques me off. We won the lawsuit where you can now carry in the capital building (not where I work), but yet as a state employee I can't conceal, yet my employer is the state, who issued my chl.

DynamicDan
Senior Member
Posts in topic: 1
Posts: 275
Joined: Wed Jan 30, 2019 11:07 pm

Re: A somewhat unique situation.

#5

Post by DynamicDan »

What about lockers are they available.?

srothstein
Senior Member
Posts in topic: 1
Posts: 5274
Joined: Sat Dec 16, 2006 8:27 pm
Location: Luling, TX

Re: A somewhat unique situation.

#6

Post by srothstein »

FigNewton wrote: Sat Mar 16, 2019 5:37 pm I am in the Austin area, so the bus line is Cap Metro. I was being intentionally vague, but I guess that's not much help. I also work for the state, which brings up something that kind of torques me off. We won the lawsuit where you can now carry in the capital building (not where I work), but yet as a state employee I can't conceal, yet my employer is the state, who issued my chl.
I also work for the state in Austin. You can carry and would be legal on the bus and on any state owned property. DPS makes the rules for carrying in any state owned building and they say it is legal with an LTC. Here is the rule saying so. The agency makes its own decision on employee rules such as carrying at work. Having it at work may get you fired but would not get you arrested. I suggest keeping an eye out for a job with another agency which does allow carry. The Comptroller's Office allows concealed carry at work with the LTC but does not allow open carry. Their stated reason is to help differentiate between our peace officers, which are all plain clothes, and LTCs.
Steve Rothstein
User avatar

txglock21
Senior Member
Posts in topic: 1
Posts: 772
Joined: Sun Feb 24, 2013 11:39 am
Location: Garland, TX.

Re: A somewhat unique situation.

#7

Post by txglock21 »

Short answer: Your good on the bus, your "legal" at work, but could (and probably will) be fired if caught at work. As for keeping it in a safe and refusing to open if asked, I can't answer, but I work for city government and they search anything they want of mine if they suspect something. (ie.. drugs, weapons, etc.) :tiphat:
"Laugh about everything or cry about nothing."
NRA Life Member & TSRA Member/ Former USAF

montgomery
Senior Member
Posts in topic: 1
Posts: 446
Joined: Sun May 31, 2015 8:13 am
Location: Montgomery, Texas

Re: A somewhat unique situation.

#8

Post by montgomery »

FigNewton wrote: Sat Mar 16, 2019 5:12 pm But keeping it in a backpack in a closed safe, I would suspect that if anyone ever went through my pack I could refuse to open the safe and not divulge the contents.
My employer is 30.06 and 30.07 posted to the letter of the law. Management recently sent an email informing all employees that management has the right to search any and all personal items at random with or without the employee present. Any "weapon" on the banned weapons list - including pocket knives - and the employee is subject to termination. So there is that.

On the flip side, what good is a firearm in a backpack inside a closed safe if the fight is not at the safe?

Topic author
FigNewton
Junior Member
Posts in topic: 3
Posts: 18
Joined: Mon Aug 26, 2013 10:08 am

Re: A somewhat unique situation.

#9

Post by FigNewton »

DynamicDan wrote: Sun Mar 17, 2019 1:22 am What about lockers are they available.?
No lockers are available either at the bus stop or at work, which is why I was thinking about the small safe idea.

I appreciate the responses. I will have to think this over as it sounds like I am within my legal rights, but have to weigh the idea of work discovery. There are no postings at my job, and I highly doubt my personal effects would ever be searched. I guess if I really wanted to I could look for a better way to conceal, but it's not that easy with business attire. I appreciate all of the comments.

chasfm11
Senior Member
Posts in topic: 1
Posts: 4140
Joined: Thu Apr 15, 2010 4:01 pm
Location: Northern DFW

Re: A somewhat unique situation.

#10

Post by chasfm11 »

FigNewton wrote: Mon Mar 18, 2019 4:00 pm I guess if I really wanted to I could look for a better way to conceal, but it's not that easy with business attire. I appreciate all of the comments.
Have you looked at Kangaroo Carry? I'm not affiliated with them but have been a user of the holster since just after I got my then CHL. I recently bought a second one because I had washed the first one so many times that the stiffness had gone out of the muslin.

I play musical instruments in my church and can do that in a dress shirt (no coat) in front of the congregation while wearing the Kangaroo and my Sig P250 Compact. Drawing is slower than with other types of holsters but it beats not being able to carry in a more dressed up environment. I was detected once at a funeral through hugging but otherwise have had no problems for many years.

One of my friends expressed concern about carrying with a chambered round in the Kangaroo. I have a Glock 30SF with a very light trigger. I unloaded it, put it into the Kangaroo and tried prodding and poking every way that I could think of to get to that trigger but could not. The muslin is thick enough and stiff enough that it doesn't seem possible collapse it enough into the trigger guard to cause a problem. My Sig is a heavier trigger and longer pull.
6/23-8/13/10 -51 days to plastic
Dum Spiro, Spero
User avatar

ScottDLS
Senior Member
Posts in topic: 1
Posts: 5052
Joined: Sun Jun 26, 2005 1:04 am
Location: DFW Area, TX

Re: A somewhat unique situation.

#11

Post by ScottDLS »

twomillenium wrote: Sat Mar 16, 2019 5:26 pm You do not say where you are located. Public transportation that is not owned privately, is not allowed to deny Licensed carry. Your place of work can, they do not even have to have signage if they have notified you. This could be done as simply as notification in your employee handbook.
A notification in the employee handbook would not have the force of law for criminal prosecution under 30.06 unless it was in the exact 30.06 specified form. Since the poster disclosed later that he works for the State, he may be able to carry without being fired as Steve R points out.
4/13/1996 Completed CHL Class, 4/16/1996 Fingerprints, Affidavits, and Application Mailed, 10/4/1996 Received CHL, renewed 1998, 2002, 2006, 2011, 2016...). "ATF... Uhhh...heh...heh....Alcohol, tobacco, and GUNS!! Cool!!!!"

twomillenium
Senior Member
Posts in topic: 2
Posts: 1691
Joined: Tue Mar 26, 2013 10:42 pm
Location: houston area

Re: A somewhat unique situation.

#12

Post by twomillenium »

ScottDLS wrote: Tue Mar 19, 2019 8:17 am
twomillenium wrote: Sat Mar 16, 2019 5:26 pm You do not say where you are located. Public transportation that is not owned privately, is not allowed to deny Licensed carry. Your place of work can, they do not even have to have signage if they have notified you. This could be done as simply as notification in your employee handbook.
A notification in the employee handbook would not have the force of law for criminal prosecution under 30.06 unless it was in the exact 30.06 specified form. Since the poster disclosed later that he works for the State, he may be able to carry without being fired as Steve R points out.
I intentionally did not get into the many different aspects of this scenario. The original post was vague so I pointed to a general and correct direction. The loss of his job would probably have more significance than a most likely misdemeanor charge.
Texas LTC Instructor, NRA pistol instructor, RSO, NRA Endowment Life , TSRA, Glock enthusiast (tho I have others)
Knowledge is knowing a tomato is a fruit, wisdom is knowing not to add it to a fruit salad.

You will never know another me, this could be good or not so good, but it is still true.

priusron
Member
Posts in topic: 1
Posts: 102
Joined: Fri Jun 26, 2009 10:44 am

Re: A somewhat unique situation.

#13

Post by priusron »

I don’t see how you can give up your rights prohibiting search and seizure based upon being employed. Refusal to allow a search may get you terminated, but you may win in court. I would ask for a search warrant. I understand there are exceptions such as working in a prison. Many entities try to get you to give up your rights but they don’t have a leg to stand on if you refuse. That would be like a landlord putting something in your lease that he has the right of search the premises at any time. Not enforceable even if you sign the document. Also it should state inal.

WTR
Banned
Posts in topic: 1
Posts: 1931
Joined: Mon Nov 16, 2015 10:41 pm

Re: A somewhat unique situation.

#14

Post by WTR »

priusron wrote: Wed Mar 20, 2019 7:35 pm I don’t see how you can give up your rights prohibiting search and seizure based upon being employed. Refusal to allow a search may get you terminated, but you may win in court. I would ask for a search warrant. I understand there are exceptions such as working in a prison. Many entities try to get you to give up your rights but they don’t have a leg to stand on if you refuse. That would be like a landlord putting something in your lease that he has the right of search the premises at any time. Not enforceable even if you sign the document. Also it should state inal.
I think it depends on if are driving a personal vehicle or a company vehicle.

apostate
Senior Member
Posts in topic: 1
Posts: 2336
Joined: Sun Oct 14, 2007 10:01 am

Re: A somewhat unique situation.

#15

Post by apostate »

priusron wrote: Wed Mar 20, 2019 7:35 pm I don’t see how you can give up your rights prohibiting search and seizure based upon being employed. Refusal to allow a search may get you terminated, but you may win in court. I would ask for a search warrant.
Good luck with that. :tiphat:
Post Reply

Return to “General Texas CHL Discussion”