Company Email - No Guns in Cars

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TheSinistral
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Company Email - No Guns in Cars

#1

Post by TheSinistral » Tue Mar 26, 2019 11:41 am

I know a guy whose company sent out an email titled "Workplace Safety" that said unless otherwise provided by law, <deleted> workplaces include the buildings in which we work as well as the parking areas of <deleted> workplaces. This means that you are prohibited from keeping a licensed firearm in your personal or rented vehicle while at a <deleted> workplace.

Admittedly it is a global company and the email also included that caviat about the law. To be safe he emailed the company's legal counsel referencing SB 321. Counsel agreed that LTC holder is exempt from that policy in this state and that email does not apply.

It pays know the law! You could get run over if you don't.

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Flightmare
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Re: Company Email - No Guns in Cars

#2

Post by Flightmare » Tue Mar 26, 2019 11:53 am

Yup! State law trumps company policy.
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WTR
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Re: Company Email - No Guns in Cars

#3

Post by WTR » Tue Mar 26, 2019 11:58 am

TheSinistral wrote:
Tue Mar 26, 2019 11:41 am
I know a guy whose company sent out an email titled "Workplace Safety" that said unless otherwise provided by law, <deleted> workplaces include the buildings in which we work as well as the parking areas of <deleted> workplaces. This means that you are prohibited from keeping a licensed firearm in your personal or rented vehicle while at a <deleted> workplace.

Admittedly it is a global company and the email also included that caviat about the law. To be safe he emailed the company's legal counsel referencing SB 321. Counsel agreed that LTC holder is exempt from that policy in this state and that email does not apply.



It pays know the law! You could get run over if you don't.

I did not think you had to be a LTC holder for the law to apply.

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Vol Texan
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Re: Company Email - No Guns in Cars

#4

Post by Vol Texan » Tue Mar 26, 2019 12:05 pm

WTR wrote:
Tue Mar 26, 2019 11:58 am

I did not think you had to be a LTC holder for the law to apply.
Yeah, the Employer Parking Lot Law is specifically for LTC holders.

LC §52.061. RESTRICTION ON PROHIBITING EMPLOYEE ACCESS TO OR STORAGE OF FIREARM OR AMMUNITION. 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.
Last edited by Vol Texan on Tue Mar 26, 2019 12:07 pm, edited 1 time in total.
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Re: Company Email - No Guns in Cars

#5

Post by Flightmare » Tue Mar 26, 2019 12:07 pm

WTR wrote:
Tue Mar 26, 2019 11:58 am
TheSinistral wrote:
Tue Mar 26, 2019 11:41 am
I know a guy whose company sent out an email titled "Workplace Safety" that said unless otherwise provided by law, <deleted> workplaces include the buildings in which we work as well as the parking areas of <deleted> workplaces. This means that you are prohibited from keeping a licensed firearm in your personal or rented vehicle while at a <deleted> workplace.

Admittedly it is a global company and the email also included that caviat about the law. To be safe he emailed the company's legal counsel referencing SB 321. Counsel agreed that LTC holder is exempt from that policy in this state and that email does not apply.



It pays know the law! You could get run over if you don't.

I did not think you had to be a LTC holder for the law to apply.
https://statutes.capitol.texas.gov/Docs ... /LA.52.htm
Sec. 52.061. RESTRICTION ON PROHIBITING EMPLOYEE ACCESS TO OR STORAGE OF FIREARM OR AMMUNITION. 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.
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Vol Texan
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Re: Company Email - No Guns in Cars

#6

Post by Vol Texan » Tue Mar 26, 2019 12:09 pm

Flightmare wrote:
Tue Mar 26, 2019 12:07 pm
Ah, your Google Fu is strong my friend, but today, mine was faster :cheers2:
Your number one option for personal security is a lifelong commitment to avoidance, deterrence, and de-escalation.
When those fail, aim for center mass.

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Re: Company Email - No Guns in Cars

#7

Post by C-dub » Tue Mar 26, 2019 12:12 pm

Vol Texan wrote:
Tue Mar 26, 2019 12:05 pm
WTR wrote:
Tue Mar 26, 2019 11:58 am

I did not think you had to be a LTC holder for the law to apply.
Yeah, the Employer Parking Lot Law is specifically for LTC holders.

LC §52.061. RESTRICTION ON PROHIBITING EMPLOYEE ACCESS TO OR STORAGE OF FIREARM OR AMMUNITION. 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.
Should have kept coloring. I think this also includes anyone that has a firearm in their car that can lawfully possess one.
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Re: Company Email - No Guns in Cars

#8

Post by Interblog » Tue Mar 26, 2019 12:26 pm

State trumps company policy, but it's worth clarifying that federal trumps state, to the effect that the same thing is not true for employee parking lots that are part of federal properties, correct? And especially Foreign Trade Zone (FTZ) parking lots, where many different rules apply. Do correct me if I'm mistaken.

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Re: Company Email - No Guns in Cars

#9

Post by Flightmare » Tue Mar 26, 2019 1:02 pm

Interblog wrote:
Tue Mar 26, 2019 12:26 pm
State trumps company policy, but it's worth clarifying that federal trumps state, to the effect that the same thing is not true for employee parking lots that are part of federal properties, correct? And especially Foreign Trade Zone (FTZ) parking lots, where many different rules apply. Do correct me if I'm mistaken.
I believe you are correct. This is why I can't keep my firearm in my vehicle when I visit customer locations (ie Federal Prisons).
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Re: Company Email - No Guns in Cars

#10

Post by joe817 » Tue Mar 26, 2019 2:32 pm

C-dub wrote:
Tue Mar 26, 2019 12:12 pm
Vol Texan wrote:
Tue Mar 26, 2019 12:05 pm
WTR wrote:
Tue Mar 26, 2019 11:58 am

I did not think you had to be a LTC holder for the law to apply.
Yeah, the Employer Parking Lot Law is specifically for LTC holders.

LC §52.061. RESTRICTION ON PROHIBITING EMPLOYEE ACCESS TO OR STORAGE OF FIREARM OR AMMUNITION. 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.
Should have kept coloring. I think this also includes anyone that has a firearm in their car that can lawfully possess one.
:iagree: That's my take as well.
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Re: Company Email - No Guns in Cars

#11

Post by ScottDLS » Tue Mar 26, 2019 2:41 pm

Interblog wrote:
Tue Mar 26, 2019 12:26 pm
State trumps company policy, but it's worth clarifying that federal trumps state, to the effect that the same thing is not true for employee parking lots that are part of federal properties, correct? And especially Foreign Trade Zone (FTZ) parking lots, where many different rules apply. Do correct me if I'm mistaken.
There is no general federal law that prohibits keeping a firearm in your car on a Federal Government owned parking lot, or Foreign Trade Zone, (which are not owned by the US government). If you are thinking of 18 USC 925...it particularly excludes parking lots and requires a sign to be posted.
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Re: Company Email - No Guns in Cars

#12

Post by ScottDLS » Tue Mar 26, 2019 2:43 pm

Flightmare wrote:
Tue Mar 26, 2019 1:02 pm
Interblog wrote:
Tue Mar 26, 2019 12:26 pm
State trumps company policy, but it's worth clarifying that federal trumps state, to the effect that the same thing is not true for employee parking lots that are part of federal properties, correct? And especially Foreign Trade Zone (FTZ) parking lots, where many different rules apply. Do correct me if I'm mistaken.
I believe you are correct. This is why I can't keep my firearm in my vehicle when I visit customer locations (ie Federal Prisons).
Not aware of a law that would prohibit you from doing so, unless perhaps you are parking at a Post Office which has a specific regulation in the CFR, which may or may not apply depending on the circumstances.
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!!!!"

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Re: Company Email - No Guns in Cars

#13

Post by puma guy » Tue Mar 26, 2019 3:28 pm

TheSinistral wrote:
Tue Mar 26, 2019 11:41 am
I know a guy whose company sent out an email titled "Workplace Safety" that said unless otherwise provided by law, <deleted> workplaces include the buildings in which we work as well as the parking areas of <deleted> workplaces. This means that you are prohibited from keeping a licensed firearm in your personal or rented vehicle while at a <deleted> workplace.

Admittedly it is a global company and the email also included that caviat about the law. To be safe he emailed the company's legal counsel referencing SB 321. Counsel agreed that LTC holder is exempt from that policy in this state and that email does not apply.

It pays know the law! You could get run over if you don't.
Now his company, unfortunately, knows or suspects he has a weapon in his vehicle parked at work.
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Re: Company Email - No Guns in Cars

#14

Post by Charles L. Cotton » Tue Mar 26, 2019 5:07 pm

joe817 wrote:
Tue Mar 26, 2019 2:32 pm
C-dub wrote:
Tue Mar 26, 2019 12:12 pm
Vol Texan wrote:
Tue Mar 26, 2019 12:05 pm
WTR wrote:
Tue Mar 26, 2019 11:58 am

I did not think you had to be a LTC holder for the law to apply.
Yeah, the Employer Parking Lot Law is specifically for LTC holders.

LC §52.061. RESTRICTION ON PROHIBITING EMPLOYEE ACCESS TO OR STORAGE OF FIREARM OR AMMUNITION. 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.
Should have kept coloring. I think this also includes anyone that has a firearm in their car that can lawfully possess one.
:iagree: That's my take as well.
Correct; an LTC isn't required. In fact, we defeated an amendment that would have limited the parking lot protection to CHLs.

Chas.

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Re: Company Email - No Guns in Cars

#15

Post by rtschl » Wed Mar 27, 2019 10:59 am

TheSinistral wrote:
Tue Mar 26, 2019 11:41 am
I know a guy whose company sent out an email titled "Workplace Safety" that said unless otherwise provided by law, <deleted> workplaces include the buildings in which we work as well as the parking areas of <deleted> workplaces. This means that you are prohibited from keeping a licensed firearm in your personal or rented vehicle while at a <deleted> workplace.

Admittedly it is a global company and the email also included that caviat about the law. To be safe he emailed the company's legal counsel referencing SB 321. Counsel agreed that LTC holder is exempt from that policy in this state and that email does not apply.

It pays know the law! You could get run over if you don't.
I work for a global company too and they have the similar language in our policies. But I have not nor would I email my company's legal counsel for two reasons. The first states "otherwise provided by law" - so the email explicitly states he can have it in his car at work because of SB 321.

The second and main reason is that his friend has let the company know that he probably has a weapon in his vehicle. Not saying his company would act unethically, but Texas being a right to work state, what if he was let go because someone who now knows is anti-gun but they don't state that as the reason hew was let go? He would never know. Even with my co-workers that I trust and who are pro-gun, they do not know that I have mine locked in my car safe. Concealed is concealed.
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