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Concealed carry in a state agency

Posted: Tue Jul 13, 2010 8:02 pm
by Scott Farkus
Hello, newbie here. I do not have my CHL yet but hope to get it within the year.

I did a search but could not find the answer.

What's the general rule on carrying concealed in a state agency? Can they prohibit it both inside the building and/or in your car in the parking lot and if so, do they have to post the same 30.06 notice as a private business?

Re: Concealed carry in a state agency

Posted: Tue Jul 13, 2010 9:36 pm
by jester
Sec. 30.06
It is an exception to the application of this section that the property on which the license holder carries a handgun is owned or leased by a governmental entity and is not a premises or other place on which the license holder is prohibited from carrying the handgun under Section 46.03 or 46.035.

Re: Concealed carry in a state agency

Posted: Tue Jul 13, 2010 9:54 pm
by joe817
Hi Scott Farkus, welcome to the forum! Glad to have you with us! :tiphat:

There's a wealth of information here at your fingertips and a great bunch of guys & gals to get to know.

Jester quoted PC 30.06. It can also be found in the Handbook of Texas Concealed Handgun Laws and Selected Statutes:

http://www.txdps.state.tx.us/InternetFo ... CHL-16.pdf" onclick="window.open(this.href);return false;

When you take your CHL class, you will be given one of these. This should be considered your CHL "bible".

Look forward to your future posts! What part of this great State do you hail from?

Re: Concealed carry in a state agency

Posted: Tue Jul 13, 2010 10:05 pm
by Charles L. Cotton
State agencies cannot prohibit CHL's from entering armed, unless it is a location that is already off-limits per the Penal Code. (Ex. schools, jails, courtrooms/courthouses, polling places on election day.)

Chas.

Re: Concealed carry in a state agency

Posted: Tue Jul 13, 2010 10:19 pm
by Scott Farkus
Thanks for the help, guys. Here's the deal. I recently started a job with a state agency here in Austin and was told during employee orientation that firearms were prohibited in the offices as well as in your vehicle in the parking lot. I didn't ask whether that applied to CHL holders because I wanted to do some research into it before I challenge them on it.

Does the fact that it is an employment policy make any difference? How can a state agency do this? Shortly after Perry shot that coyote there was a news segment where Jerry Patterson (Land Commissioner) proudly showed his firearm strapped to his ankle while in his office. I'm not with the Land Commission but how can the big dogs be allowed this but not the rest of us?

Re: Concealed carry in a state agency

Posted: Tue Jul 13, 2010 10:28 pm
by Charles L. Cotton
State agencies can prohibit employees from having guns in the buildings and/or parking lots. They can fire you, but you cannot be prosecuted. You need to go to work for Jerry Patterson.

Chas.

Re: Concealed carry in a state agency

Posted: Tue Jul 13, 2010 11:37 pm
by A-R
Charles L. Cotton wrote:You need to go to work for Jerry Patterson.

Chas.
Me too. Is he hiring? :bigear:

Re: Concealed carry in a state agency

Posted: Wed Jul 14, 2010 6:21 am
by Scott Farkus
Charles L. Cotton wrote:State agencies can prohibit employees from having guns in the buildings and/or parking lots. They can fire you, but you cannot be prosecuted. You need to go to work for Jerry Patterson.

Chas.
Well that's a shame. So if and when I get my CHL, I essentially won't be able to carry 5 days a week, since I can't even leave it in my car according to this policy.

Funny, I don't hear the Texas State Employees Union making an issue of this.

Thank you all very much for the help. Great forum, btw. Been a lurker for a while and really enjoy reading the discussions.

Re: Concealed carry in a state agency

Posted: Wed Jul 14, 2010 2:24 pm
by Charles L. Cotton
Scott Farkus wrote:
Charles L. Cotton wrote:State agencies can prohibit employees from having guns in the buildings and/or parking lots. They can fire you, but you cannot be prosecuted. You need to go to work for Jerry Patterson.

Chas.
Well that's a shame. So if and when I get my CHL, I essentially won't be able to carry 5 days a week, since I can't even leave it in my car according to this policy.

Funny, I don't hear the Texas State Employees Union making an issue of this.

Thank you all very much for the help. Great forum, btw. Been a lurker for a while and really enjoy reading the discussions.
It's more than just a shame; it's absurd. Many tens of thousands of CHL's commute to and from work, sometimes over long distances and with their children, unarmed because of groundless employment policies.

Support our employer parking lot bill in 2011!

Chas.

Re: Concealed carry in a state agency

Posted: Wed Jul 14, 2010 3:23 pm
by RHenriksen
I feel your pain. Worked @ a university in '95 when I first got a CHL. Let it lapse after 2 years, because I could so rarely carry.

Re: Concealed carry in a state agency

Posted: Wed Jul 14, 2010 3:57 pm
by ELB
Charles L. Cotton wrote:State agencies can prohibit employees from having guns in the buildings and/or parking lots. They can fire you, but you cannot be prosecuted. You need to go to work for Jerry Patterson.

Chas.
So how much control does the Governor exert over state agencies? I could possibly see a legal/constitutional conflict if an agency is headed by another elected official, but are there others he could tell the heads of "Dump the CHL restrictions?"

Re: Concealed carry in a state agency

Posted: Wed Jul 14, 2010 8:22 pm
by Scott Farkus
This agency is run by a commission appointed by the Governor.

I asked about this at work today and was first told that there is a "state law" that prohibits employees from having firearms on the premises and the agency has no choice in the matter. I asked for the citation and the person did not know, but again reiterated that it was not agency policy, it was a "state mandate". He vacillated between "law" and "mandate" but could give no citation for either.

In fairness, the person I talked to was an IS security guy and this was not his area of expertise. I just happened to overhear him talking with another presenter about the concealed law before his turn at the orientation presentation and cornered him about it later. Apparently this issue has come up before. He did confirm that a member of the public could carry concealed on the premises, but not employees.

So, does anybody know of any such law or mandate?

Re: Concealed carry in a state agency

Posted: Wed Jul 14, 2010 8:26 pm
by Charles L. Cotton
Scott Farkus wrote:This agency is run by a commission appointed by the Governor.

I asked about this at work today and was first told that there is a "state law" that prohibits employees from having firearms on the premises and the agency has no choice in the matter. I asked for the citation and the person did not know, but again reiterated that it was not agency policy, it was a "state mandate". He vacillated between "law" and "mandate" but could give no citation for either.

In fairness, the person I talked to was an IS security guy and this was not his area of expertise. I just happened to overhear him talking with another presenter about the concealed law before his turn at the orientation presentation and cornered him about it later. Apparently this issue has come up before. He did confirm that a member of the public could carry concealed on the premises, but not employees.

So, does anybody know of any such law or mandate?
Unless the agency involves one of the locations in my earlier post, then you were told wrong.

Chas.

Re: Concealed carry in a state agency

Posted: Thu Jul 15, 2010 11:20 am
by bdickens
Charles L. Cotton wrote:
Scott Farkus wrote:
Charles L. Cotton wrote:State agencies can prohibit employees from having guns in the buildings and/or parking lots. They can fire you, but you cannot be prosecuted. You need to go to work for Jerry Patterson.

Chas.
Well that's a shame. So if and when I get my CHL, I essentially won't be able to carry 5 days a week, since I can't even leave it in my car according to this policy.

Funny, I don't hear the Texas State Employees Union making an issue of this.

Thank you all very much for the help. Great forum, btw. Been a lurker for a while and really enjoy reading the discussions.
It's more than just a shame; it's absurd. Many tens of thousands of CHL's commute to and from work, sometimes over long distances and with their children, unarmed because of groundless employment policies.

Support our employer parking lot bill in 2011!

Chas.
:blowup

Re: Concealed carry in a state agency

Posted: Thu Jul 15, 2010 11:41 am
by Mando'a
I was curious about this also.

I'm a contractor who works for various state agencies.

Sometimes I'm out late, in bad areas. I never carried, since I could never get a clear answer.

I didn't think to ask about this when I renewed my CCW last November.

Thanks