Gun in car at worksite

[wbblazer90]

I still wouldn’t work for that company, but with the help of Seemus John on texaschlforum. Note the first 3 bullet points for you sickos on Texasguntalk!:

A motor vehicle—whether you own or otherwise lawfully have control of it—in a public place is not an extension of your home. Some of the differences are

• You cannot be intoxicated, drink, or possess an open container of an alcoholic beverage in a motor vehicle.
• You cannot be naked in a motor vehicle.
• You cannot have a handgun in public view in a motor vehicle.
• The police can remove you from your motor vehicle and search it without a warrant.
• The police can arrest you for any number of picayune offenses of the transportation code (such as expired registration) which in no way apply to a fixed residence.
• You must produce a driver license and proof of insurance when stopped in a motor vehicle.
• Motor vehicles on private property are subject to trespass laws—whether that property is generally open to the public or not.
• The Federal "gun free school zone" law prohibits carrying loaded firearms in a motor vehicle by a person who does not have a CHL from the same state. This law specifically does not apply to residences within the school zone.
• In many municipalities it is illegal to sleep in a motor vehicle parked in a public place.

Recent changes in Texas law affected motor vehicles in two ways:

• The Motorist Protection Act allows a person who does not have a CHL to possess a concealed handgun in a motor vehicle.
• The Castle Doctrine creates a presumption of reasonableness if you use deadly force against someone attempting to enter or remove you by force from your motor vehicle.

Even the MPA differs from the law related to residences. You lose MPA protection if the handgun is visible or if you commit any offense other than a class C traffic misdemeanor. Possessing a handgun per sedoes not become an offense if you commit another offense in your home.



All of the above discussion is not relevant to an RV that is stationary and being used as a residence.



- Jim

 

[Sasquatch]

I still wouldn’t work for that company, but with the help of Seemus John on texaschlforum. Note the first 3 bullet points for you sickos on Texasguntalk!:

A motor vehicle—whether you own or otherwise lawfully have control of it—in a public place is not an extension of your home. Some of the differences are

• You cannot be intoxicated, drink, or possess an open container of an alcoholic beverage in a motor vehicle.
• You cannot be naked in a motor vehicle.
• You cannot have a handgun in public view in a motor vehicle.

- Jim

This is discriminatory against nudists and 'otherly clothed persons' - oh the horror and outrage! Where's the ACLU to argue for the rights of the minority here? Can a man not enjoy the free & easy breeze on his whanger & bangers while still enjoying the taste of freedom and security that comes with going armed?




On a serious note - almost two decades of driving for a living in some capacity revealed to me that there are a larger-than-one-would-think number of motorists traveling about without clothing on, at least in the cold ass Pacific Northwest. Before we had a kid, and before we had relatives living with us, my wifey & I didn't mind walking about the confines of our home clothed or not, but going out in public like that? There'd still be people laughing and / or crying 15 years hence.

 

[ZX9RCAM]

According to the third bullet point, I can't open carry with an LTC, while in my vehicle.
Is that correct?

 

[Younggun]

No

At that point you are carrying under the authority of your LTC, not the MPA.

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[ZX9RCAM]

That is what I thought.

 

[FireInTheWire]

I cant be naked in my own vehicle??? Well fiddle.

 

[Renegade]

As someone that worked in the Oil & Gas industry for a long time, there's not a well or lease location that allows firearms on the property. It is what it is.

Sure there is. My property has no restrictions. Last July 4th we even had the O&G workers out for a Machine Gun shoot.

It isn't considered Private Property unless you have to pass through a guarded entrance, or an electronically controlled gate that restricts access to the property.

Bullshit. My property is certainly private property and does not have a guarded entrance or other electronically controlled means.

If anyone can drive off a public road into the parking lot without having to pass through a guarded entrance or other controlled means to enter the property, it's Public Property by the way Texas law is.

More bullshit. 97% of Texas is private property and probably less than 1% is guarded entrance or other controlled means to enter the property.


What is going on with this forum with so much blatantly incorrect info being posted? Jeez.

 

[dsgrey]

Interesting feedback. I work for a large corporation and know several of the corporate lawyers. We had this discussion a few years back when moving our corporate office. While any weapons are cause for termination within the building or while walking on the grounds, they specifically did not include vehicles in the parking lot/garage. They claimed it would open them up to lawsuits.

Now that doesn't prevent an employer for including vehicles for employees/contractors at their own discretion. You could be terminated and eventually win in a lawsuit but that takes money and usually an ongoing job to afford such a lawsuit.

 

[cycleguy2300]

Sure there is. My property has no restrictions. Last July 4th we even had the O&G workers out for a Machine Gun shoot.



Bullshit. My property is certainly private property and does not have a guarded entrance or other electronically controlled means.



More bullshit. 97% of Texas is private property and probably less than 1% is guarded entrance or other controlled means to enter the property.


What is going on with this forum with so much blatantly incorrect info being posted? Jeez.

Renegade saved me some splanin...

I think Hillbilly should read PC 1.07 (40) and note many of the public places are private property. Controlled access is not a required feature and wouldn't always make a location not public. I don't think having some folks over for a shoot makes it a public place however.

PC 1.07 (40)
"Public place" means any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, and shops.


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[Axxe55]

Texas employees allowed to keep guns locked in vehicles on company property

Governor Perry signed into law S.B. 321, which precludes Texas employers, both public and private, from prohibiting an employee from storing a lawfully possessed firearm and/or ammunition in his or her locked vehicle while parked in a parking lot, parking garage, or other parking area provided...

www.lexology.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

 

[rotor]

• 
  
• The police can remove you from your motor vehicle and search it without a warrant.

- Jim

Is this under the Gestapo section of Texas law? Police can only search with probable cause was my understanding.

 

[V-Tach]

I wonder..........if the....."Close before striking" school of law, ministry and heavy machinery.....is still open.....

I could use a new degree..............

 

[candcallen]

Is this under the Gestapo section of Texas law? Police can only search with probable cause was my understanding.

That's is assumed in the quoted post. Obviously.

 

[innominate]

I cant be naked in my own vehicle??? Well fiddle.

Nope. At least that was what a security guard told me and my gf a few years ago in a downtown Austin parking garage.

 

[txinvestigator]

For the OP, as promised;

From the Texas Labor Code

Texas Labor Code

Sec. 52.061. RESTRICTION ON PROHIBITING EMPLOYEE ACCESS TO OR STORAGE OF FIREARM OR AMMUNITION. A public or private employer may not prohibit an employee who holds a license to carry a handgun under Subchapter H, Chapter 411, Government Code, who otherwise lawfully possesses a firearm, or who lawfully possesses ammunition from transporting or storing a firearm or ammunition the employee is authorized by 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.


Sec. 52.062. EXCEPTIONS. (a) Section 52.061 does not:
(1) authorize a person who holds a license to carry a 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;
(B) a school district;
(C) an open-enrollment charter school, as defined by Section 5.001, Education Code;
(D) a private school, as defined by Section 22.081, Education Code;
(E) property owned or controlled by a person, other than the employer, that is subject to a valid, unexpired oil, gas, or other mineral lease that contains a provision prohibiting the possession of firearms on the property; or
(F) property owned or leased by a chemical manufacturer or oil and gas refiner with an air authorization under 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 handgun under Subchapter H, Chapter 411, Government Code, and who stores a firearm or ammunition the employee is authorized by 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 outside of a secured and restricted area:
(i) that contains the physical plant;
(ii) that is not open to the public; and
(iii) the ingress into which is constantly monitored by security personnel.
(b) Section 52.061 does not prohibit an employer from prohibiting an employee who holds a license to carry a handgun under Subchapter H, Chapter 411, Government Code, or who otherwise lawfully possesses a firearm, from possessing a firearm the employee is otherwise authorized by law to possess on the premises of the employer's business. In this subsection, "premises" has the meaning assigned by Section 46.035(f)(3), Penal Code.

As you can see, Texas law generally prevents employers from prohibiting employees with an LTC from storing a firearm or ammunition in their vehicle on the employer parking lot, garage or other parking area. This also applies to other firearms r ammunition the employee is authorized by law to possess in a locked, privately owned motor vehicle.

There are exceptions and the OP will have to determine if they apply to his situation or not.

 

[txinvestigator]

I still wouldn’t work for that company, but with the help of Seemus John on texaschlforum. Note the first 3 bullet points for you sickos on Texasguntalk!:

A motor vehicle—whether you own or otherwise lawfully have control of it—in a public place is not an extension of your home. Some of the differences are

• You cannot be intoxicated, drink, or possess an open container of an alcoholic beverage in a motor vehicle.
• You cannot be naked in a motor vehicle.
• You cannot have a handgun in public view in a motor vehicle.
• The police can remove you from your motor vehicle and search it without a warrant.
• The police can arrest you for any number of picayune offenses of the transportation code (such as expired registration) which in no way apply to a fixed residence.
• You must produce a driver license and proof of insurance when stopped in a motor vehicle.
• Motor vehicles on private property are subject to trespass laws—whether that property is generally open to the public or not.
• The Federal "gun free school zone" law prohibits carrying loaded firearms in a motor vehicle by a person who does not have a CHL from the same state. This law specifically does not apply to residences within the school zone.
• In many municipalities it is illegal to sleep in a motor vehicle parked in a public place.

Recent changes in Texas law affected motor vehicles in two ways:

• The Motorist Protection Act allows a person who does not have a CHL to possess a concealed handgun in a motor vehicle.
• The Castle Doctrine creates a presumption of reasonableness if you use deadly force against someone attempting to enter or remove you by force from your motor vehicle.

Even the MPA differs from the law related to residences. You lose MPA protection if the handgun is visible or if you commit any offense other than a class C traffic misdemeanor. Possessing a handgun per sedoes not become an offense if you commit another offense in your home.



All of the above discussion is not relevant to an RV that is stationary and being used as a residence.



- Jim

Very nicely put together.

 

[txinvestigator]

Sure there is. My property has no restrictions. Last July 4th we even had the O&G workers out for a Machine Gun shoot.



Bullshit. My property is certainly private property and does not have a guarded entrance or other electronically controlled means.



More bullshit. 97% of Texas is private property and probably less than 1% is guarded entrance or other controlled means to enter the property.


What is going on with this forum with so much blatantly incorrect info being posted? Jeez.

perhaps he is confusing Public Property with Public Place, which is defined in the penal code

Texas Penal Code

1.07

"Public place" means any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, and shops.

 

[txinvestigator]

Is this under the Gestapo section of Texas law? Police can only search with probable cause was my understanding.

There are exception to the search warrant requirement for motor vehicles Carroll v. United States

Here is a good explanation and saves me tons of typing

Vehicular Searches

: Analysis and Interpretation of the of the US Constitution

law.justia.com

 

[Renegade]

perhaps he is confusing Public Property with Public Place, which is defined in the penal code

Maybe, but still wrong:

If anyone can drive off a public road into the parking lot without having to pass through a guarded entrance or other controlled means to enter the property, it's Public Property Place by the way Texas law is.

 

[txinvestigator]

Maybe, but still wrong:

Agreed