Labor Code Section 1, Chapter 52, Subchapter G modified in 2011

[kg5ie]

We all know this as the parking lot law. Stops an employer from prohibiting a CHL holder from having their gun in car.

My question for discussion is this:

Can an employer, who is publically traded and who leases a building from the Federal Government, prohibit a legally licensed CHL employee from having their gun in the car? Hiding behind the fact that the property belongs to the Federal Government, and therefore TX law is excluded.

Does anyone know of any litigation on this?

[Mike S]

Bill,
Could you please clarify if the company shares the building, property, etc with a Federal agency? Or, is the building & property Federally owned but leased in its entirety to a civilian company?

I don't know of any case law on this, however a few more details may allow the lawyers on here to vector in a better response.

[Keith B]

If the property is federally owned, then it is off-limits due to that. TX law does not override the federal prohibition.

[ScottDLS]

If the property is federally owned, then it is off-limits due to that. TX law does not override the federal prohibition.

Federal parking lots are not automatically prohibited. You can even go to a federal courthouse parking lot and leave your gun in the car, unless it is posted otherwise, or prohibited by some other federal regulation (like ACOE land or military bases).

[kg5ie]

Property is Federally owned, not shared. Leased to publically traded company governed by board of directors.

[ScottDLS]

Property is Federally owned, not shared. Leased to publically traded company governed by board of directors.

I occasionally work in a Federal Building in DC, and if I were able to get a DC gun permit, I could take the gun into the underground garage. Your private company in TX cannot prohibit you from having a gun in your car. The Federal government "generally" doesn't prohibit guns in the parking lot, only the buildings (18 USC 930). Also, in order to be convicted the (federal) building must be posted.

[oohrah]

What about Post Office parking lots. I thought those were off limits?

[C-dub]

What about Post Office parking lots. I thought those were off limits?

They are and don't have to be posted. Good one.

[srothstein]

Just for technical accuracy, the federal building that is leased 100% to a private company is not necessarily banned automatically. In 18 USC 930, the definition of federal facility includes the minor fact that federal employees must be there working. If it is leased 100%, it may not include any federal employees present for the performance of their official duties.

So, given that, I think the state law would apply if the federal law does not ban them automatically. I can not find an exception in the state laws for federal property.

[ScottDLS]

What about Post Office parking lots. I thought those were off limits?

They are and don't have to be posted. Good one.

They "may" have to be posted. The Post Office regulations that prevent you from having a gun in the parking lot have a $50 fine as the penalty, they are not based on 18 USC 930 and there is doubt whether you could be convicted if they didn't post.

Chas. mentioned that he defended a NASA employee for having gun in the (NASA) parking lot and said employee was cleared because there was no sign. It was also a federal misdemeanor offense with a $50 fine, but the "possibility" of 30 day jail sentence made it a disqualifier for CHL.

Anyway the postal regulation lawsuit that went against "us" was about mainly about carrying in the building, which IS prohibited under 18 USC 930, IF THEY POST.

As a practical matter you are very unlikely to be successfully prosecuted for leaving your CCW in the car in PO lot. I am personally a lot more concerned by GFSZA when out of state.

[C-dub]

What about Post Office parking lots. I thought those were off limits?

They are and don't have to be posted. Good one.

They "may" have to be posted. The Post Office regulations that prevent you from having a gun in the parking lot have a $50 fine as the penalty, they are not based on 18 USC 930 and there is doubt whether you could be convicted if they didn't post.

Chas. mentioned that he defended a NASA employee for having gun in the (NASA) parking lot and said employee was cleared because there was no sign. It was also a federal misdemeanor offense with a $50 fine, but the "possibility" of 30 day jail sentence made it a disqualifier for CHL.

Anyway the postal regulation lawsuit that went against "us" was about mainly about carrying in the building, which IS prohibited under 18 USC 930, IF THEY POST.

As a practical matter you are very unlikely to be successfully prosecuted for leaving your CCW in the car in PO lot. I am personally a lot more concerned by GFSZA when out of state.

Thanks Scott.

I seem to remember some discussion on this before, now that you bring this up. I'll have to check for that sign at our PO the ext time I'm going by there. It is only a few blocks from our house, but I can't remember the last time I was in there for anything.