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  • IXLR8

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    If you do your job correctly, and follow all rules for concealment, then it is unlikely that anyone will ever know. However if there is an accident despite your very best intentions, there is an enormous amount of liability that you are exposing yourself to. I find it hard to believe that you can work in a place and not have anyone ever discover that you are carrying, there are just too many variables. Everyone has a very different set of circumstances at work, and a variety of different conditions. That being said, company policy right or wrong is something that you should adhere to, or find another job.
     

    kabob

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    Its not your store. Crack heads want to rob you give them what they want. Or you can take TI's advice and go find employment elsewhere. Outside of law enforcement there isn't too many companies that allow workers to carry on the job. Oh and you can blame employers all day long but its their insurance companies and lawyers who make these rules not your employer.

    This. My employer doesn't allow firearms, either, and even questioned me about it when someone mentioned to my boss that I was a gun owner. None of their business what I have and I don't violate company policy, either.
     

    Whiskey_Rocka_Rolla

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    Hello all, been lurking on the site a while and decided to post up as I would like to get some opinions on a CHL issue that I have debated with a few people.

    I am a current CHL holder. I am an overnight employee for a large retail drugstore. My question is this: It is AGAINST company policy to carry a firearm at work. It is not legally prohibited for a non-working member (ie no statute posted), but I feel like it creates a tough situation. The overall likelihood of a situation to arise where it would be necessary to have a firearm is, I feel, very plausible (people hopped up on drugs wanting narcotics, 24hr accessiblity, limited employees etc). My argument is always "if it comes down to my life or my job, the decision is easy" and the argument always comes back, yes but if you're ever in that situation where you needed your firearm, it would end in lawsuits galore and you still have the very real possibility of going to jail even if you were in the right for the duration of the situation at hand.

    A similar situation occured here: Michigan Walgreens Pharmacist Jeremy Hoven Fired After Shooting at Robbers - ABC News - (not saying this is my specific company), but I feel like this man is possibly alive because he was carrying.

    So in a similar situation, would you carry? Thanks for any and all opinions. (before anyone starts in with the "you should go back to CHL class", I will say I do know that when it is against company policy, you are not to carry- as instructed in the CHL courses. But when the company fails to provide adequate measures of security and its just you and a perpetrator it seems difficult to just allow a situation like that to develop without any defense)

    I'd carry, no doubt. But use your own judgement on that. If I were a school teacher right now I'd have a 38 special tucked in my waist, CHL, no CHL, law or no law. So that should tell you how I feel about that. I mean really, how will anyone ever know unless a life threatening situation arises and you need your gun to save your life or the life of another? And if they still fired you they aren't worth working for anyway. One thing to keep in mind, there is no such thing as a "gun free zone", so I try to stay away from places labeled "gun free zones" as much as possible. And that's all I'll say on that topic.
     
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    TundraWookiee

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    First off - welcome!

    Would I carry? In a word, yes. I'll find another job - be difficult to get another life. Having said that, I'd draw ONLY if MY life were on the line, or that of a bystander. They can have all the money, drugs, etc.

    Another voice of agreement. As long as I can legally carry I do and would.

    Sent from my Nexus 7 using Tapatalk 2
     

    kabob

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    Why would you stay in a job that neither allows you to carry and where you honestly feel for your life? Last I checked, drugstores didn't pay more than $10-$11 an hour on average for clerks.
     

    V-Tach

    Watching While the Sheep Graze
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    Only you can make the decision as ultimately you are responsible for your actions. We all make decisions in our lives, some good and some bad. As we gain more experience in life, most folks make fewer bad decisions.......

    You already know what the answer is..........

    jmho..............
     

    TennisFreak

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    Common misconception, but completely untrue. Yeah, not true either. The law prohibits most employers from having such a policy, but there is no penalty for employers having the policy, nor is there a remedy for employees terminated under such a policy.

    We were taught (and given a handbook stating so) in my CHL class that you can carry a concealed weapon in your vehicle any time and any place no matter where it is and there is no policy or law that can dictate otherwise.
    While an employer is free to terminate an employee if they find out you have a weapon in your vehicle on their property I dont think there is any legal repercussions they can pursue against you.
     

    Younggun

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    Not exactly true, there are several limitations to where you can car carry including federal property(post office parking lot) and many work places that have legal ramifications. I don't recall the specifics and haven't looked at them in a while. I'm sure someone will post a link.
     

    TennisFreak

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    Well looking at these documents it looks clear that an employer can not prohibit a CHL holder from storing a concealed weapon in their vehicle even if the vehicle is on company premisis.
    http://www.legis.state.tx.us/tlodocs/82R/billtext/pdf/SB00321F.pdf#navpanes=0
    http://www.txdps.state.tx.us/RSD/CHL/documents/SB321.pdf

    The only time it appears that an employer can prohibit you from storing a firearm concealed in your vehicle is if the vehicle is used for company purposes or if federal law states otherwise.
     
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    9   0   0
    Aug 17, 2010
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    Well looking at these documents it looks clear that an employer can not prohibit a CHL holder from storing a concealed weapon in their vehicle even if the vehicle is on company premisis.
    http://www.legis.state.tx.us/tlodocs/82R/billtext/pdf/SB00321F.pdf#navpanes=0
    http://www.txdps.state.tx.us/RSD/CHL/documents/SB321.pdf

    The only time it appears that an employer can prohibit you from storing a firearm concealed in your vehicle is if the vehicle is used for company purposes or if federal law states otherwise.

    If they fire you, you can sue and maybe you'll win some money in a few years.
     
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    I am not exactly sure of this but there may even be a chance that you can be charged with criminal trespassing by a CHL holder (§30.06) because by being given the company guideline that firearms are not allowed, you have essentially "received notice" that "entry on the property by a license holder with a concealed handgun was forbidden" (§30.06(2)(A)) as long as the written communication was identical to that in that statute ("“Pursuant to Section 30.06...").

    In your vehicle you are not carrying under the authority of Subchapter H, Chapter 411, Government Code
     

    Younggun

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    Well looking at these documents it looks clear that an employer can not prohibit a CHL holder from storing a concealed weapon in their vehicle even if the vehicle is on company premisis.
    http://www.legis.state.tx.us/tlodocs/82R/billtext/pdf/SB00321F.pdf#navpanes=0
    http://www.txdps.state.tx.us/RSD/CHL/documents/SB321.pdf

    The only time it appears that an employer can prohibit you from storing a firearm concealed in your vehicle is if the vehicle is used for company purposes or if federal law states otherwise.

    If you follow your own link and go down to the bottom of the page it has a section that says "exceptions"

    It goes on to list areas where state laws does not grant you the right to carry or store a gun in your car.

    "Sec.A52.062.AAEXCEPTIONS. (a)AASection 52.061 does not:
    (1)AAauthorize a person who holds a license to carry a concealedhandgununderSubchapterH,Chapter411,GovernmentCode, 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
    1prohibitedbystateorfederallaw;or (2)AAapply to:
    (A)AAa vehicle owned or leased by a public or privateemployerandusedbyanemployeeinthecourseandscopeof the employee’s employment, unless the employee is required to transport or store a firearm in the official discharge of the
    employee ’s
    duties;
    (B)AAa school district;
    (C)AAan open-enrollment charter school, as definedbySection5.001,EducationCode;
    (D)AAa private school, as defined by Section 22.081,EducationCode;
    (E)AAproperty owned or controlled by a person, otherthantheemployer,thatissubjecttoavalid,unexpiredoil, gas, or other mineral lease that contains a provision prohibiting
    thepossessionoffirearmsontheproperty;or
    (F)AAproperty owned or leased by a chemical
    manufactureroroilandgasrefinerwithanairauthorizationunder Chapter 382, Health and Safety Code, and on which the primary business conducted is the manufacture, use, storage, or transportation of hazardous, combustible, or explosive materials, except in regard to an employee who holds a license to carry a concealedhandgununderSubchapterH,Chapter411,GovernmentCode, andwhostoresafirearmorammunitiontheemployeeisauthorizedby 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 that is outsideofasecuredandrestricted"


    It didn't copy and paste well and I'm too lazy to fix it.
     
    Last edited:

    r-gray

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    Feb 21, 2012
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    Plano, TX
    Hello all, been lurking on the site a while and decided to post up as I would like to get some opinions on a CHL issue that I have debated with a few people.

    I am a current CHL holder. I am an overnight employee for a large retail drugstore. My question is this: It is AGAINST company policy to carry a firearm at work. It is not legally prohibited for a non-working member (ie no statute posted), but I feel like it creates a tough situation. The overall likelihood of a situation to arise where it would be necessary to have a firearm is, I feel, very plausible (people hopped up on drugs wanting narcotics, 24hr accessiblity, limited employees etc). My argument is always "if it comes down to my life or my job, the decision is easy" and the argument always comes back, yes but if you're ever in that situation where you needed your firearm, it would end in lawsuits galore and you still have the very real possibility of going to jail even if you were in the right for the duration of the situation at hand.

    A similar situation occured here: Michigan Walgreens Pharmacist Jeremy Hoven Fired After Shooting at Robbers - ABC News - (not saying this is my specific company), but I feel like this man is possibly alive because he was carrying.

    So in a similar situation, would you carry? Thanks for any and all opinions. (before anyone starts in with the "you should go back to CHL class", I will say I do know that when it is against company policy, you are not to carry- as instructed in the CHL courses. But when the company fails to provide adequate measures of security and its just you and a perpetrator it seems difficult to just allow a situation like that to develop without any defense)

    Are there any instances where someone got convicted of a crime in addition to being fired? I have to think they'd hold off on that one, but I really don't know.
     

    txinvestigator

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    We were taught (and given a handbook stating so) in my CHL class that you can carry a concealed weapon in your vehicle any time and any place no matter where it is and there is no policy or law that can dictate otherwise.
    While an employer is free to terminate an employee if they find out you have a weapon in your vehicle on their property I dont think there is any legal repercussions they can pursue against you.

    That is not correct either. There are many exceptions to the parking lot bill, and there are many places car carry is unlawful. Better refresh on the handbook.
     

    makeitcount

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    Jul 29, 2012
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    fort worth
    With all that's been said you have to remember that civil suits (not criminal) can be never ending in the event of a use. More to ponder....

    smartass phone acknowledgement
     
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