CARRY QUESTION

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WTR
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CARRY QUESTION

#1

Post by WTR » Sat Apr 07, 2018 9:22 pm

My friend works for a Company which provides inspection services for a Utiity Co. The utilities are run on a third parties land. Both the 3 Ed party and the company my friend works for prohibit the carrying of a weapon. My friend drives his private vehicle and parks in the area of a particular project along with everyone else working on the projct. I think he should be legal to carry uner while complying with the Texas Motor Vehicle Protection Act. Yea or Nay?

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Re: CARRY QUESTION

#2

Post by RedRaiderCHL » Sat Apr 07, 2018 9:38 pm

Yes in his personal vehicle he's covered to carry and keep firearms in his vehicle but I wouldn't recommend he carry on his person after leaving his vehicle
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Re: CARRY QUESTION

#3

Post by Keith B » Sat Apr 07, 2018 9:44 pm

And the employee parking lot law applies for keeping it in the vehicle.
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Re: CARRY QUESTION

#4

Post by WTR » Sat Apr 07, 2018 9:51 pm

Keith B wrote:And the employee parking lot law applies for keeping it in the vehicle.
I realize the weapon needs to be kept concealed and in his locked car. However, the official "employee " park lot may be 1 to 100 miles from the project site.

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Re: CARRY QUESTION

#5

Post by Liberty » Sun Apr 08, 2018 5:07 am

I believe the employee parking lot is where ever the employee parks. I doubt if the easement or utility right of way is posted 30.06/07 anyway. Keeping the weapon concealed should satisfy any company rules. Although it would be legal to carry with an LTC outside your vehicle. You could still be subject to discipline if you remove the firearm from the vehicle
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Re: CARRY QUESTION

#6

Post by The Annoyed Man » Sun Apr 08, 2018 6:34 am

Liberty wrote:I believe the employee parking lot is where ever the employee parks. I doubt if the easement or utility right of way is posted 30.06/07 anyway. Keeping the weapon concealed should satisfy any company rules. Although it would be legal to carry with an LTC outside your vehicle. You could still be subject to discipline if you remove the firearm from the vehicle
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Re: CARRY QUESTION

#7

Post by Keith B » Sun Apr 08, 2018 7:27 am

The Annoyed Man wrote:
Liberty wrote:I believe the employee parking lot is where ever the employee parks. I doubt if the easement or utility right of way is posted 30.06/07 anyway. Keeping the weapon concealed should satisfy any company rules. Although it would be legal to carry with an LTC outside your vehicle. You could still be subject to discipline if you remove the firearm from the vehicle
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Re: CARRY QUESTION

#8

Post by Colonel Angus » Sun Apr 08, 2018 10:42 am

Liberty wrote:I believe the employee parking lot is where ever the employee parks. I doubt if the easement or utility right of way is posted 30.06/07 anyway. Keeping the weapon concealed should satisfy any company rules. Although it would be legal to carry with an LTC outside your vehicle. You could still be subject to discipline if you remove the firearm from the vehicle
I believe a land owner has the right to prohibit firearms on their property regardless of easements.

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Re: CARRY QUESTION

#9

Post by Liberty » Sun Apr 08, 2018 11:00 am

Colonel Angus wrote:
Liberty wrote:I believe the employee parking lot is where ever the employee parks. I doubt if the easement or utility right of way is posted 30.06/07 anyway. Keeping the weapon concealed should satisfy any company rules. Although it would be legal to carry with an LTC outside your vehicle. You could still be subject to discipline if you remove the firearm from the vehicle
I believe a land owner has the right to prohibit firearms on their property regardless of easements.
But wouldn't it have to be posted or otherwise legally notified?
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Re: CARRY QUESTION

#10

Post by WTR » Sun Apr 08, 2018 11:54 am

Colonel Angus wrote:
Liberty wrote:I believe the employee parking lot is where ever the employee parks. I doubt if the easement or utility right of way is posted 30.06/07 anyway. Keeping the weapon concealed should satisfy any company rules. Although it would be legal to carry with an LTC outside your vehicle. You could still be subject to discipline if you remove the firearm from the vehicle
I believe a land owner has the right to prohibit firearms on their property regardless of easements.
Not too interested in personal beliefs right now. I'm asking if existing Texas law allows him to keep a concealed pistol locked in his car even after both the land owner and his company have expressed in writing that they do not allow fire arms. His vehicle is his private vehicle and the land is not posted.

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Re: CARRY QUESTION

#11

Post by spectre » Sun Apr 08, 2018 11:58 am

A land owner can give oral notice or written notice. Oral notice prohibiting firearms covers both MPA and LTC.
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Re: CARRY QUESTION

#12

Post by Grundy1133 » Sun Apr 08, 2018 12:06 pm

I didn't think you could prohibit someone from carrying in their car per the MPA... Is that incorrect?
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Re: CARRY QUESTION

#13

Post by spectre » Sun Apr 08, 2018 12:18 pm

Grundy1133 wrote:I didn't think you could prohibit someone from carrying in their car per the MPA... Is that incorrect?
Trespassing is trespassing.
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Re: CARRY QUESTION

#14

Post by ScottDLS » Sun Apr 08, 2018 12:30 pm

spectre wrote:A land owner can give oral notice or written notice. Oral notice prohibiting firearms covers both MPA and LTC.
Not true. That it covers MPA.

Grundy1133 wrote:I didn't think you could prohibit someone from carrying in their car per the MPA... Is that incorrect?
No, it IS correct because 30.06 only applies to carrying under the authority of your LTC. So if a parking lot is posted 30.06 and you are carrying in your vehicle then you are not violating 30.06. If 30.05 is purportedly used, then you are excepted due to having, not carrying under, LTC, so 30.05 doesn't work either.

For the employer parking lot law, the employer (utility) may not fire you (legally) for parking in their lot....that they own. However if you are parking in another employer's lot and they find out, they can presumably tell your employer you are no longer allowed to work on the property. However depending on the easements, they may not be able to use 30.05 to criminally prosecute you for doing so.

Short answer, leave it in the truck and don't worry about it.
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Re: CARRY QUESTION

#15

Post by Grundy1133 » Sun Apr 08, 2018 12:35 pm

ScottDLS wrote:
spectre wrote:A land owner can give oral notice or written notice. Oral notice prohibiting firearms covers both MPA and LTC.
Not true. That it covers MPA.

Grundy1133 wrote:I didn't think you could prohibit someone from carrying in their car per the MPA... Is that incorrect?
No, it IS correct because 30.06 only applies to carrying under the authority of your LTC. So if a parking lot is posted 30.06 and you are carrying in your vehicle then you are not violating 30.06. If 30.05 is purportedly used, then you are excepted due to having, not carrying under, LTC, so 30.05 doesn't work either.

For the employer parking lot law, the employer (utility) may not fire you (legally) for parking in their lot....that they own. However if you are parking in another employer's lot and they find out, they can presumably tell your employer you are no longer allowed to work on the property. However depending on the easements, they may not be able to use 30.05 to criminally prosecute you for doing so.

Short answer, leave it in the truck and don't worry about it.
That's what I thought. I thought maybe spectre knew something I didn't. :P
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