Gun in car at worksite

[deemus]

Difference between federal property and private sector.

The defense contractor was contracting for the Fed gubment. The security seemed similar to when my brother was at the Corpus Christi Naval Air Station.

 

[Renegade]

My experience with right to work hasn't worked that way in the real world. HR told me I couldn't fire a couple people even though they were still in the orientation/ probationary period. Policy said I could. HR said there was precedent to the contrary. In my experience it has to be pretty egregious for one to actually get fired.

Sounds like they are confused. Probationary period is when you can generally fire them and they have no re-course like union, civil service, etc.

 

[innominate]

Sounds like they are confused. Probationary period is when you can generally fire them and they have no re-course like union, civil service, etc.

I agree. Just what I was told. My Co doesn't fire people very often.

 

[Axxe55]

All I can say is, the Texas laws are what they are. Read them and make your own choices as to whether to carry in your vehicle or not.

And some of you, if you're so scared to carry, please put 911 on your speed dial. I'm sure an officer will be along shortly to outline your corpse in chalk.

 

[Lildoodad]

Wow...did this thing pinball or what? Getting back to the OP's original post....he sums up his question by saying:

"Am I within my legal rights to keep my firearm locked out of sight in my car on location & what recourse do I have if I lose my contract if the firearm is discovered. I am a LTC holder. I don’t intend to drive that far, often at night, especially with what is going on at the border."

Being a retired construction manager....I've seen this played out several times. What I'm about to say may incite a riot, however, simply stated...READ YOUR CONTRACT. If there is a section that states firearms are not allowed on site and are subject to a search policy, well, you bought into it when you took the job, signed or not. If this is truly the case, if you have a firearm in the car on site, hidden or not - you are in breach of contract.

Now, is it right? Maybe, maybe not. Does it violate your rights? Legally...definately not. Is their policy illegal and against the law? No.

I get the emotions attached. I get the employers concerns. I never have agreed with the concept, however, especially in construction there can be many individuals on site that have dubious backgrounds and are not legally allowed to have/own a firearm... yet they do.

Employers have experienced it all. That policy states "no firearms allowed on site and are subject to search" does NOT violate anything but your sense of personal space.

That's the issue, that's the question and that's the answer.

One last question - how much $$$ have you allocated for your legal defense, unpaid time off, family needs while not working if it comes down to it? What's it worth just to have this thrown out of court? Employers in Texas and across the country have prevailed time and time again on this subject.

 

[Younggun]

All I can say is, the Texas laws are what they are. Read them and make your own choices as to whether to carry in your vehicle or not.

And some of you, if you're so scared to carry, please put 911 on your speed dial. I'm sure an officer will be along shortly to outline your corpse in chalk.

Pointing out that you are giving advice and commenting on laws you obviously don’t understand has nothing to with whether or not someone is “scared to carry”.

Lashing out doesn’t make you any less wrong.

As bad as it usually is to ask for legal advice on the internet, it’s much worse to give bad legal advice. There are a few people here who understand the law very well and will usually comment on threads like this. No reason to cause confusion by guessing are pretending that one thing is close enough to another that it should apply without knowing exactly what the text says.


Sent from my iPhone using Tapatalk

 

[Axxe55]

Pointing out that you are giving advice and commenting on laws you obviously don’t understand has nothing to with whether or not someone is “scared to carry”.

Lashing out doesn’t make you any less wrong.

As bad as it usually is to ask for legal advice on the internet, it’s much worse to give bad legal advice. There are a few people here who understand the law very well and will usually comment on threads like this. No reason to cause confusion by guessing are pretending that one thing is close enough to another that it should apply without knowing exactly what the text says.


Sent from my iPhone using Tapatalk

First of all, I didn't offer any "legal" advice and said in my very first post on this thread, for the OP to seek out the services of an attorney. So that's now bad "legal" advice in your opinion?

Second, my most major contribution to this thread was posting links to sources for the OP to look over and make his own decisions on the matter. I also merely relayed my what I had done in regards to the same type of scenario many years ago.

Wasn't lashing out in the least. Just sick and tired of all you so-called "experts" dictating how the discussion goes, or what opinions a person is allowed to have. Just curious Younggun, where did you get your law degree from?

 

[Vaquero]

I’m a contractor working on a drilling rig in W. Texas. I drive 500 miles to the rig, live in a provided trailer on site while working for 2 weeks before returning home for days off. Most oil companies & the company I consult for have no firearms rules. It’s my understanding that Texas law allows you to keep a firearm locked in your car at work. Some of the oil companies conduct random vehicle searches for drugs & firearms. Am I within my legal rights to keep my firearm locked out of sight in my car on location & what recourse do I have if I lose my contract if the firearm is discovered. I am a LTC holder. I don’t intend to drive that far, often at night, especially with what is going on at the border.

In response to OP. After NOT reading 7 pages of responses.
The property on which the drilling activity occurs is privately held.
Full control of that location has been granted to the production company.
The contract under which the drilling company operates, undoubtedly contains a clause that strictly prohibits contraband and firearms. In a nutshell, the property owner/controller, says "you can't bring that on my place." Therefore, you legally cannot.

That said, I have, I do, and will continue to keep "some" prohibited items.
I cover too much ground in areas where shit can and does happen.
If I get kicked off a project, I'll leave with a smile and a clear conscience.
That is my choice.

 

[mongoose]

If you are driving a private vehicle, are parking in a common parking lot provided by your employer and are not at a location that is unlawful to possess a weapon, you may keep a concealed weapon in a locked car.

 

[Younggun]

First of all, I didn't offer any "legal" advice and said in my very first post on this thread, for the OP to seek out the services of an attorney. So that's now bad "legal" advice in your opinion?

Second, my most major contribution to this thread was posting links to sources for the OP to look over and make his own decisions on the matter. I also merely relayed my what I had done in regards to the same type of scenario many years ago.

Wasn't lashing out in the least. Just sick and tired of all you so-called "experts" dictating how the discussion goes, or what opinions a person is allowed to have. Just curious Younggun, where did you get your law degree from?

Lmao, I didn’t try to tell anyone that they can carry in their vehicle at work because castle doctrine.

I also didn’t try to tell him what was or wasn’t ok, or tell him which laws WOULD apply because I’m not 100% sure that I’d be correct and wouldn’t want to post something that is 100% incorrect. If I did though, I’d man up about it instead of digging the hole deeper and claiming I didn’t do what I’d obviously done.


Sent from my iPhone using Tapatalk

 

[Axxe55]

Lmao, I didn’t try to tell anyone that they can carry in their vehicle at work because castle doctrine.

I also didn’t try to tell him what was or wasn’t ok, or tell him which laws WOULD apply because I’m not 100% sure that I’d be correct and wouldn’t want to post something that is 100% incorrect. If I did though, I’d man up about it instead of digging the hole deeper and claiming I didn’t do what I’d obviously done.


Sent from my iPhone using Tapatalk

Younggun, I had made a log reply in regards to your taunts, but on second thought, I'm not even going to dignify it with a response. You're simply trying to bait me into an argument, and you're just not worth it.

 

[rotor]

I’m a contractor working on a drilling rig in W. Texas. I drive 500 miles to the rig, live in a provided trailer on site while working for 2 weeks before returning home for days off. Most oil companies & the company I consult for have no firearms rules. It’s my understanding that Texas law allows you to keep a firearm locked in your car at work. Some of the oil companies conduct random vehicle searches for drugs & firearms. Am I within my legal rights to keep my firearm locked out of sight in my car on location & what recourse do I have if I lose my contract if the firearm is discovered. I am a LTC holder. I don’t intend to drive that far, often at night, especially with what is going on at the border.

The only recourse that I can suggest is that you talk to the managers, show your LTC, see if you can get an exemption. Otherwise you are out of luck.

 

[TxStetson]

I’m a contractor working on a drilling rig in W. Texas. I drive 500 miles to the rig, live in a provided trailer on site while working for 2 weeks before returning home for days off. Most oil companies & the company I consult for have no firearms rules. It’s my understanding that Texas law allows you to keep a firearm locked in your car at work. Some of the oil companies conduct random vehicle searches for drugs & firearms. Am I within my legal rights to keep my firearm locked out of sight in my car on location & what recourse do I have if I lose my contract if the firearm is discovered. I am a LTC holder. I don’t intend to drive that far, often at night, especially with what is going on at the border.

OK, I didnt finish reading the 7 pages of replies before deciding to provide some advice from someone that has been in your exact position for years.
1. You are within your legal rights to posses a firearm in your vehicle, so you won’t go to jail. You will be escorted off the lease and informed you’re never allowed to return. If you’re lucky, your whole company won’t be escorted off the lease.

2. You already know the answer about your continued employment if your weapon is found in your vehicle. No point in seeking internet legal advice.

For all the keyboard commando lawyers that believe the parking lot clause will help in this situation, that ends the moment the OP crosses the lease cattle guard.

I have been searched numerous times on oilfield leases, and they have never asked me to open the “safe” in my vehicle. 3 weeks ago i was driving the president of the company around some of our properties and he noticed the gun safe. He commented on it, but never asked me what was inside it.

 

[txinvestigator]

Welcome to TGT.

There are several laws that enforce your right to keep a firearm locked in your vehicle, one of which being the "Castle Doctrine Law" as your vehicle is, by law considered an extension of your home. But, there are laws that enforce the rights of company to prohibit the possession of firearms on company property. Every situation is unique. I an not an attorney, nor do I play one on TV. My suggestion is to consult with an attorney to find out exactly what your rights are regarding your specific conditions.

The castle Doctrine, nor any law makes your vehicle an extension of your car.

 

[Vaquero]

The castle Doctrine, nor any law makes your vehicle an extension of your car.

 

[txinvestigator]

I wouldn’t be working for that company. Your car is considered part of your homestead in Texas. I wouldn’t let any company say I can’t have a gun in my home to defend myself.

No, your car is not considered part of your homestead.

OP, Texas passed the employer parking lot act hears ago, and it generally prohibits employers from preventing employees from keeping lawfully possessed firearms in the employees vehicle in company parking lots.

There are exceptions where restrictions are allowed. Tomorrow I will pull the specific law up for you, link it, quote it and dissect it for you.

 

[txinvestigator]

BIG no-no at my work.
No weapons of any kind on company property.
Condition of employment.
Instant termination if caught.

That policy could be a violation of state law, depending on YOUR specific circumstance.

 

[txinvestigator]

Keep in mind people,Texas is a right to work state, they dont need a reason to fire you, but also any reason is a good one.

I would pack my piece and take my chances.


Sent from my iPhone using Tapatalk

Right to work refers to a state wherein a person cannot be required to join a union. What you describe is an At Will state

That said, there are laws in every At Will state and at the federal level that restrict the reasons for which an employer can lawfully terminate someone.

 

[txinvestigator]

This is my experience as well and my company strictly prohibits firearm's in one's vehicle once you enter the parking garage.

That policy could be unlawful, based on YOUR specific circumstance.

 

[txinvestigator]

FYI, I did specify in my first post to the OP, to consult with a real attorney.

In Texas, they expanded the Castle Laws to include a person's vehicle and workplace as extensions of their home in regards to self defense. So indirectly, yes, the Castle Laws do have something to do with a firearm in your vehicle.

Guides: Gun Laws: "Stand Your Ground" / "Castle Doctrine"

This guide provides information on Texas and federal gun laws including: background checks, open carry, concealed carry, handgun licenses, restrictions for felons, and local regulation of firearms and shooting ranges.

guides.sll.texas.gov

Texas Castle Law Doctrine | Self Defense

In Texas our home (and car) are your castle. Learn about the your rights to self-defense under the Texas Castle Law Doctrine as laid out in the Texas Penal Code.

www.lusterlaw.com

Guns in Vehicles in Company Parking Lots Now Allowed in Texas

On June 17, 2011, Governor Rick Perry signed into law Senate Bill 321,1 which restricts employers from prohibiting employee storage of lawfully possessed firearms in vehicles parked in employer parking lots. The amendment to Chapter 52 of the Texas Labor Code,2 SB 321 provides that a private or...

www.littler.com

.

The Ultimate Guide to Castle Doctrine Law - U.S. LawShield

Everything you need to know about Castle Doctrine laws is found here! In this guide we cover: the origin of Castle Doctrine law, state law, legal terms & much more!

www.uslawshield.com

Reading this of the Castle Laws in Texas, more than a few times vehicle is specifically mentioned under terms of the current Texas Castle Laws.

No, they didn't include the vehicle and workplace as extensions of the home, they simply made vehicles and workplaces as additional locations where certain sections of chapter 9 apply. No where does the law refer to extensions or to places one can carry.

It is a stretch and a miss to conclude that the ill named Castle Doctrine makes your car an extension of your home.