S.B.321 (Parking Lot Bill)

[polekitty]

Would someone please explain to me exactly what this section of 52.061 means?

(b) Section 52.061 does not prohibit an employer from prohibiting an employee who holds a license to carry a handgun under Subchapter H, Chapter 411, Government Code, or who otherwise lawfully possesses a firearm, from possessing a firearm the employee is otherwise authorized by law to possess on the premises of the employer’s business. In this subsection, “premises” has the meaning assigned by Section 46.035(f)(3), Penal Code.
I read this as meaning an employer can prohibit an employee from possessing a firearm if they so choose and it seems to contradict the statement at the beginning 52.061,

A public or private employer may not prohibit an employee who holds a license to carry a handgun under Subchapter H, Chapter 411, Government Code, who otherwise lawfully possesses a firearm, or who lawfully possesses ammunition from transporting or storing a firearm or ammunition the employee is authorized by law to possess in a locked, privately owned motor vehicle in a parking lot, parking garage, or other parking area the employer provides for employees.

I was talking to the MSC rep. (he is a CHL’er) yesterday at my place of employment and he mentioned that he was working up a quote for both 30.06 & 30.07 (ten each) signs. I did have a talk with him about this and he informed me that he has no choice but to give them the quote which I do understand because it’s his job. I don’t have a clue where they intend on placing the signs but it wouldn’t surprise us if they were posted at the entrances to the parking lots. To answer a question that might arise from this post, one parking lot is secured and another one is not.
Would MPA come into play even for all of the CHL’ers that work here?
Thanks for ya’lls help.

[RetNavy]

the employer CAN prohibit carry inside of company buildings since that is what the definition of TPC 46.035 (f)(3) covers by 'premises". in short ... buildings, NOT parking lots, driveways, or sidewalks. Most prohibit carry by policy therefor no signs are required. Also they can prohibit carry of weapons in company vehicles regardless of locations...

[Papa_Tiger]

"Premises" means a building or a portion of a building. The term does not include any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area.

You can carry concealed in your car, but could not take it into the buildings at your workplace. If the parking lot is posted with 30.06 and/or 30.07, I wouldn't take the handgun/firearm/ammunition out of the vehicle.

[3dfxMM]

the employer CAN prohibit carry inside of company buildings since that is what the definition of TPC 46.035 (f)(3) covers by 'premises". in short ... buildings, NOT parking lots, driveways, or sidewalks. Most prohibit carry by policy therefor no signs are required. Also they can prohibit carry of weapons in company vehicles regardless of locations...

This is not quite accurate. They certainly can prohibit carry anywhere on their property by posting 30.06/30.07 signs at the entrances to the property. They can also have a company policy against carry. What they cannot do is prohibit a person, who meets certain requirements, from having a firearm in their vehicle on that property.

[polekitty]

the employer CAN prohibit carry inside of company buildings since that is what the definition of TPC 46.035 (f)(3) covers by 'premises". in short ... buildings, NOT parking lots, driveways, or sidewalks. Most prohibit carry by policy therefor no signs are required. Also they can prohibit carry of weapons in company vehicles regardless of locations...

This is not quite accurate. They certainly can prohibit carry anywhere on their property by posting 30.06/30.07 signs at the entrances to the property. They can also have a company policy against carry. What they cannot do is prohibit a person, who meets certain requirements, from having a firearm in their vehicle on that property.

Thanks for the replies. Would I be citing 52.061 or MPA? I'm not very happy about this nor or the others that work here and I need to be specific when I start raising questions. We all know the company policy about carrying inside and aren't worried about that. What we don't want to see lost is our ability to continue carry in our vehicles without repercussion.

[Keith B]

Thanks for the replies. Would I be citing 52.061 or MPA? I'm not very happy about this nor or the others that work here and I need to be specific when I start raising questions. We all know the company policy about carrying inside and aren't worried about that. What we don't want to see lost is our ability to continue carry in our vehicles without repercussion.

Quote 52.061, it's for the parking lot exemption. MPA only allows you to legally carry a concealed handgun in your vehicle without a license.

[polekitty]

Thanks for the responses, but I'm having trouble understanding this portion of 52.061

(b) Section 52.061 does not prohibit an employer from prohibiting an employee who holds a license to carry a handgun under Subchapter H, Chapter 411, Government Code, or who otherwise lawfully possesses a firearm, from possessing a firearm the employee is otherwise authorized by law to possess on the premises of the employer’s business. In this subsection, “premises” has the meaning assigned by Section 46.035(f)(3), Penal Code.

Could someone explain this what this part means?

[Papa_Tiger]

Thanks for the responses, but I'm having trouble understanding this portion of 52.061

(b) Section 52.061 does not prohibit an employer from prohibiting an employee who holds a license to carry a handgun under Subchapter H, Chapter 411, Government Code, or who otherwise lawfully possesses a firearm, from possessing a firearm the employee is otherwise authorized by law to possess on the premises of the employer’s business. In this subsection, “premises” has the meaning assigned by Section 46.035(f)(3), Penal Code.

Could someone explain this what this part means?

52.061 allows them to prohibit LTC holders from carrying "on the premises of the employer's business". "Premises" means a building or a portion of a building. The term does not include any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area.

In short, 30.06 posted parking lot means you can't carry into the buildings associated with that property, but you can keep it in the car and still be legal.