TexasCHLforum.com

I've tried to do a thorough search, but I've come up empty on this specific scenario...so here's my first post on here:

I've got a new job and...

My employer has stated "No" to carrying on their premises. Okay, got it.
My employer has stated "No" to carrying in the company van. Okay, got it.
But of course I can now leave it locked in my car in the parking lot.

But...I've got a trip to the DWF area tomorrow when the company van is already in use. Because of that, I'll be taking a rental car - on the company's dime.

Can I leave my firearm locked in said rental car???

Thanks!

audiojim wrote:Can I leave my firearm locked in said rental car???

Legally? Sure. Just remember SB 321 only applies in a "privately owned motor vehicle" whatever that means.

apostate wrote:

audiojim wrote:Can I leave my firearm locked in said rental car???

Legally? Sure. Just remember SB 321 only applies in a "privately owned motor vehicle" whatever that means.

I choose to interpret it to mean "a motor vehicle that is not owned by the government", but I have no idea if that's what SB321's authors meant. Nor am I the one who's job would be at risk.

...under MPA...the vehicle will be under your control...the rest you'll have to decide...

If your company has a policy against it in their vehicles, the answer is no.


Sec. 52.062. EXCEPTIONS. (a) Section 52.061 does not:
(1) authorize a person who holds a license to carry a concealed handgun under Subchapter H, Chapter 411, Government Code, who otherwise lawfully possesses a firearm, or who lawfully possesses ammunition to possess a firearm or ammunition on any property where the possession of a firearm or ammunition is prohibited by state or federal law; or
(2) apply to:
(A) a vehicle owned or leased by a public or private employer and used by an employee in the course and scope of the employee's employment, unless the employee is required to transport or store a firearm in the official discharge of the employee's duties;

See...this is where I get stuck - leased vs rented.

audiojim wrote:See...this is where I get stuck - leased vs rented.

A Rental does not equate to a Lease in my opinion.

Is the company paying for the rental car ? If so I would not carry.

...I read it that he's leaving and driving the rental out to a place and back, not parking it in the company parking lot...if so, he's not covered under the parking lot bill but under MPA-the vehicle's under his control...long as he puts the gun from his car into the rental and then back into his car upon entering the company lot...LEGALLY... however, he's obviously violating company wishes...

Westfield wrote:Is the company paying for the rental car ? If so I would not carry.

Yes - company credit card.

Westfield wrote:Is the company paying for the rental car ? If so I would not carry.

The fact the company is paying for the car means they can control what you do or don't do in it. As one who used to travel a WHOLE lot and lived in hotels and rental cars for a few years, they who hold the purse strings make the rules and you have to abide by them. I have actually seen this rule hold up in an arbitration case where an employee was fired for getting a DUI in a rental car on a business trip. The arbitrator ruled that the company had a liability due to the fact they were paying for the car rental and in turn the employee had to follow their guidelines. Had the DUI been in the employees personal vehicle, then they would have had to be notified as the employee was required to drive company vehicles, but unless they had a reason to believe the DUI put the company at risk, since it was on the employees personal time they would not have been able to enforce the firing.

audiojim wrote:

Westfield wrote:Is the company paying for the rental car ? If so I would not carry.

Yes - company credit card.

IMO, you would not be breaking any LAWS carrying in the rented vehicle.
BUT, your company can fire you for any reason. Since they have already told you NO to any guns in any places where they can legally prohibit you, they could, if they choose, terminate you for carrying in THEIR rental car. That said, if they found that you were locking your carry weapon in your personal car in their parking lot, they could still fire you. They just cannot state that as their reason for firing you, but they don't really need a reason to fire you. TX is an "at will" state.

So... Would I carry in the rental car?
Depends on where I was going and what I felt was the risk/reward trade off.

How will they catch you?
Seems to me in this scenario (although only you have all the facts) you could only get caught if you had to use your gun.
If this is the case, you might be out of a job, but you would still be alive.

IANAL. This is NOT legal advice.

RoyGBiv wrote:

audiojim wrote:

Westfield wrote:Is the company paying for the rental car ? If so I would not carry.

Yes - company credit card.

IMO, you would not be breaking any LAWS carrying in the rented vehicle.
BUT, your company can fire you for any reason. Since they have already told you NO to any guns in any places where they can legally prohibit you, they could, if they choose, terminate you for carrying in THEIR rental car. That said, if they found that you were locking your carry weapon in your personal car in their parking lot, they could still fire you. They just cannot state that as their reason for firing you, but they don't really need a reason to fire you. TX is an "at will" state.

So... Would I carry in the rental car?
Depends on where I was going and what I felt was the risk/reward trade off.

How will they catch you?
Seems to me in this scenario (although only you have all the facts) you could only get caught if you had to use your gun.If this is the case, you might be out of a job, but you would still be alive.

IANAL. This is NOT legal advice.

Not quit. Far more likely to have a little bump up wreck, someone back in to him on the parking lot, anything that would require a tow, or turn in & Police Inventory of contents. On his person is the only place to carry.

audiojim wrote:See...this is where I get stuck - leased vs rented.

For these purposes they are the same. Now, is this policy "stated" in writing somewhere or did someone say it to you? If someone of sufficient authority told you this then you have been given effective notice and can, not only lose your job, but also be charged with criminal trespass if you are discovered to be carrying where you have been told you cannot.

If you will not be alone on this trip how did you plan to disarm before exiting the vehicle without alerting anyone else?

Do you like your new job? Therein lies the answer to your question.