Firearm in vehicle at work

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montgomery
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Re: Firearm in vehicle at work

#16

Post by montgomery » Wed May 29, 2019 2:07 pm

rotor wrote:
Wed May 29, 2019 1:56 pm
Does your workplace fit in the following?


Similarly, the law exempts from coverage property owned or leased by a chemical manufacturer or oil and gas refiner with an air authorization under Chapter 382, Health and Safety Code, and on which “the primary business conducted is the manufacture, use, storage or transport of hazardous, combustible or explosive material,” unless the manufacturer or refiner provides a parking lot, parking garage, or other parking area that is outside of a secured and restricted area that contains a physical plant, is closed to the public, and the entrance to which is constantly monitored by security.

If so then you can't have a gun in your car. Liquor distillery might be one of those forbidden firearm places regarding firearms in your car.
Agreed, if the facility is considered a critical infrastructure facility under 30.05(b)(7)(A) ...

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Grumpy1993
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Re: Firearm in vehicle at work

#17

Post by Grumpy1993 » Wed May 29, 2019 3:04 pm

rtschl wrote:
Wed May 29, 2019 10:24 am
IANAL... I wouldn't "fight it". I would just keep quiet. If you let them know that Texas law prohibits them from terminating you for having a weapon in your vehicle, they might state a different reason for the termination. If they are as anti-gun as you state, I would fear they might find a reason to terminate you for bringing it to their attention because they will assume you have a weapon in your vehicle. As stated above they could just let you go for no reason since Texas is an at will state.

I do hope you kept a copy of the sheet you signed. I agree with Soccerdad1995 that they have given you possible evidence of wrongful termination if they do find you have a weapon and subsequently terminate you.
:iagree: Loose lips sink ships. :mrgreen:

Unless your employer meets one of the loopholes in the law, or you're a prohibited person, you're not breaking the law by having a firearm in your vehicle. However, Texas employment is at will, both in black letter law and in practice. Unless you have a written employment contract or work subject to a collective bargaining agreement, the best option is to keep quiet about owning guns, much less having one in your personally owned vehicle. If you speak up, they can easily find a legal reason to stop employing you.

However, if you keep quiet, and they search your vehicle, and they find a firearm, and they're stupid enough to fire you over that policy violation... they may also be stupid enough to admit in writing that's why they're firing you. In that situation, you may have the makings of a case to let you retire early, quite comfortably. Don't ruin that chance by "educating them" so they know to lie about the reason they fired you.
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montgomery
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Re: Firearm in vehicle at work

#18

Post by montgomery » Wed May 29, 2019 3:57 pm

bbhack wrote:
Wed May 29, 2019 2:09 am
I would enjoy writing them a note informing them of state law. One might find a hungry lawyer to take a wrongful termination suit on contingency.
Somebody has to be case law. :lol::

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bblhd672
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Re: Firearm in vehicle at work

#19

Post by bblhd672 » Wed May 29, 2019 4:39 pm

jb2012 wrote:
Wed May 29, 2019 1:13 pm
So to answer a few questions:

1. I work for a liquor distillery, so in theory that could be a caveat to the law, however I don’t think it would apply to being in a vehicle. When I worked at a bar there was no statutory rules about not keeping firearms in vehicles.

2. The parking lot is fenced in as well as the main facility, requiring a guarded gate, and then keypass entry from the parking lot into the facilities.

3. I managed to buy myself some time, and have not signed anything yet. If I do end up signing I will absolutely make sure to keep a copy.

4. The plan so far was to buy a safe and “lose the keys” while at work in order to avoid conflict.

Thanks everyone for the feedback so far
Since you've bought some time, I suggest you consider taking printed copies of the applicable law and the AG's opinion and discuss this with the higher ups. It's possible they are unaware that they are violating state law. Approach them by saying you have no problem complying with the company's policies, but you just want to make sure that the company isn't violating any laws. After the meeting, send an email to whoever you met with recapping the conversation and include copies of the documents you provided.
The left lies about everything. Truth is a liberal value, and truth is a conservative value, but it has never been a left-wing value. People on the left say whatever advances their immediate agenda. Power is their moral lodestar; therefore, truth is always subservient to it. - Dennis Prager


rotor
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Re: Firearm in vehicle at work

#20

Post by rotor » Wed May 29, 2019 4:46 pm

My opinion only but if you want to keep your job do not carry your gun in your car or on you when you go to work if you plan on parking on their property. Just my opinion but you already know that your car CAN be searched. The lost key thing won't work.


Terry
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Re: Firearm in vehicle at work

#21

Post by Terry » Wed May 29, 2019 4:56 pm

I'm brand new here and dont have anything of value to add, I just wanted to say that all this people signing their messages "IANAL" really threw me off. I think I get it now.

OP it seems that you would have to risk it by keeping it under lock and key in your car. I would also give the locked case a nice flowery decal and some pompoms and hit them with a discrimination lawsuit if they threaten to fire you. IANAL.

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bbhack
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Re: Firearm in vehicle at work

#22

Post by bbhack » Wed May 29, 2019 5:03 pm

montgomery wrote:
Wed May 29, 2019 3:57 pm
bbhack wrote:
Wed May 29, 2019 2:09 am
I would enjoy writing them a note informing them of state law. One might find a hungry lawyer to take a wrongful termination suit on contingency.
Somebody has to be case law. :lol::
Just to be clear, I was offering, as a 3rd party observer who had heard about the situation, to write a letter. I was going to suggest deleting this thread, but it's probably too late for that.
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jmorris
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Re: Firearm in vehicle at work

#23

Post by jmorris » Wed May 29, 2019 9:14 pm

montgomery wrote:
Wed May 29, 2019 11:06 am
......
Unless you work at a Federal building, including a US Post Office, or at Superfund site, then you are good to go no matter what your employer says because Texas law is clear that parking lots are NOT premises AND your vehicle is an extension of your domicile. Period.

If you work at a Federal facility or Superfund site, the law is not on your side.

I am not an attorney and this is not legal advice.
If you work at a Federal facility (I did) you are good to keep it in your vehicle, even behind a guarded gate. 18 USC 930 treats premises the same as Texas does.

Post office, no.
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montgomery
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Re: Firearm in vehicle at work

#24

Post by montgomery » Thu May 30, 2019 8:09 am

jmorris wrote:
Wed May 29, 2019 9:14 pm
montgomery wrote:
Wed May 29, 2019 11:06 am
......
Unless you work at a Federal building, including a US Post Office, or at Superfund site, then you are good to go no matter what your employer says because Texas law is clear that parking lots are NOT premises AND your vehicle is an extension of your domicile. Period.

If you work at a Federal facility or Superfund site, the law is not on your side.

I am not an attorney and this is not legal advice.
If you work at a Federal facility (I did) you are good to keep it in your vehicle, even behind a guarded gate. 18 USC 930 treats premises the same as Texas does.

Post office, no.
Agreed for non-military installations regarding Federal facilities ...

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Liberty
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Re: Firearm in vehicle at work

#25

Post by Liberty » Thu May 30, 2019 8:57 am

montgomery wrote:
Thu May 30, 2019 8:09 am
jmorris wrote:
Wed May 29, 2019 9:14 pm
montgomery wrote:
Wed May 29, 2019 11:06 am
......
Unless you work at a Federal building, including a US Post Office, or at Superfund site, then you are good to go no matter what your employer says because Texas law is clear that parking lots are NOT premises AND your vehicle is an extension of your domicile. Period.

If you work at a Federal facility or Superfund site, the law is not on your side.

I am not an attorney and this is not legal advice.
If you work at a Federal facility (I did) you are good to keep it in your vehicle, even behind a guarded gate. 18 USC 930 treats premises the same as Texas does.

Post office, no.
Agreed for non-military installations regarding Federal facilities ...
Or NASA or the Post Office
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