Gun in car at worksite

[oldag]

Don't need to break a law to be fired for defying company policy.

Well, you might want to tell BP's high powered legal team that. I backed them down without even using counsel.

They sure seemed to think that state law trumped company policy.

Company policy has limits. And the state of Texas has drawn a limit when it said employees cannot be forbidden from having guns in their cars in the parking lot. Why the heck else do you think the law was passed? So the company could just fire someone for this reason anyhow after the Texas Legislature forbid it?

 

[cycleguy2300]

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

Even under Carrol you still have to have PC to search.

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[txinvestigator]

Even under Carrol you still have to have PC to search.

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No.

 

[Younggun]

Well, you might want to tell BP's high powered legal team that. I backed them down without even using counsel.

They sure seemed to think that state law trumped company policy.

Company policy has limits. And the state of Texas has drawn a limit when it said employees cannot be forbidden from having guns in their cars in the parking lot. Why the heck else do you think the law was passed? So the company could just fire someone for this reason anyhow after the Texas Legislature forbid it?

Nah, they’ll let you keep the gun...


But that haircut just won’t do, gonna have to let you go.


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[Younggun]

Seems irrelevant here though since the oil and gas exemptions in the law might possibly make it all moot.


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[oldag]

Seems irrelevant here though since the oil and gas exemptions in the law might possibly make it all moot.


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BP has more than oil and gas sites.

 

[oldag]

Nah, they’ll let you keep the gun...


But that haircut just won’t do, gonna have to let you go.


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Companies are not as arbitrary on matters like this where they could be sued for retaliation. Not worth the hassle.

 

[sidebite252]

Don't need to break a law to be fired for defying company policy.

Key difference is employee or contractor. An employee might get the benefit of a process but a contractor is out the door at any time with no cause.

This is one of the advantages of hiring contract labor and supervisors in the oil & gas industry. As a contractor myself I know this to be true. It’s part of the landscape in this industry.

If this was already covered I apologize. I didn’t go back and read all the post.

Man, I bet the OP never thought his first post would go so viral. TGT is a great & diverse place.

 

[mongoose]

Key difference is employee or contractor. An employee might get the benefit of a process but a contractor is out the door at any time with no cause.

This is one of the advantages of hiring contract labor and supervisors in the oil & gas industry. As a contractor myself I know this to be true. It’s part of the landscape in this industry.

If this was already covered I apologize. I didn’t go back and read all the post.

Man, I bet the OP never thought his first post would go so viral. TGT is a great & diverse place.

I don’t believe that to be true if you are driving a private vehicle. Only, if you are driving a Company vehicle with a no firearm policy.

 

[cycleguy2300]

No.

No what?

For any legal search you need:
-Probable cause
&
-Warrant
or
-Exigency

Put another way:
Legal search = PC + warrant
or
Legal Search = PC + exigency

For vehicles, under the doctrine adopted in Carroll, a readily mobile vehicle is presumed to be an exigent circumstance leaving only probable cause to be articulated to make it a legal search.

Any number of facts, reasonable inferences, and preexisting knowledge can be put together create PROBABLE CAUSE based on the totality of the circumstances.

On the one hand Txinvestigator is right, all searches do not require PC, but the fact remains all legal searches do require PC as stated in a signed warrant or combined with exigency, as is common for vehicle searches.

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[sidebite252]

I don’t believe that to be true if you are driving a private vehicle. Only, if you are driving a Company vehicle with a no firearm policy.

I’m not a lawyer and you may be right but it’s their lease or property the contractor is on so their rules. Many post signage as you pull on locating states “No Firearms on Location”. I’ve worked for many operators who had no firearm policies.

 

[Frank59]

I remember the days if you were caught with a firearm working the oilfields on King Ranch in South Texas you would be permanently banned from the site and charged with trespassing.

 

[philzgunz]

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.

There are a number of issues at play and I have no idea if there is any case law on this, but, I am familiar with oil and gas leases which MAY contain a "no firearms" clause in the lease agreement. Therefore, if the landowner found a gun in your vehicle (how that would happen, I don't know) the lease COULD be subject to termination which could mean millions of dollars lost for the operating company. The stakes are high. However, it's a short sighted landowner who would deny personal protection to oil and gas contractors. The main objection (in my opinion) that landowners have to firearms is poaching. Just don't do any target practice on the location. Don't flash your gun inadvertently as you remove it from the vehicle to sleeping quarters. If you have to use it to protect yourself, it will be exposed then, wouldn't it? The companies you contract for don't want the liability of firearm misuse. True, you're not an employee but the injured parties or their heirs would go after the deepest pockets and you're there because they hired you to do your job. Suggestion: Would it be possible to discreetly have a talk with the person you report to and ask them the company policy for firearms. This information might be in the contractor's agreement with the company. I don't know if any of this helped or not. Good luck.

 

[Joe45308]

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.

Very good question. In a nutshell, Texas law says that employers can not prohibit legally carried firearms from being stored in a locked vehicle on the employers' premises. There is an exception but it does not apply to your situation. I would suggest having a discussion with the folks at Texas State Rifle Association for advice.

 

[ZX9RCAM]

Very good question. In a nutshell, Texas law says that employers can not prohibit legally carried firearms from being stored in a locked vehicle on the employers' premises. There is an exception but it does not apply to your situation. I would suggest having a discussion with the folks at Texas State Rifle Association for advice.

Welcome to the Forum!

 

[Brojon]

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.

Same disclaimer - IANAL.
That said the law states an employer cannot prohibit a LTC from having a gun in a LOCKED car parked in their parking lot.
They can restrict your right to carry on their property.

A new Texas statute (Labor Code Section 52.061) allows CCL holders and those who legally possess firearms to have such firearms and ammunition inside their own locked vehicles parked on their employer's property, but that does not extend to vehicles parked somewhere else. The Texas Attorney General's Office has explained that statute in Opinion No. GA-0972.

 

[LoneStarTX]

If your gun is in a locked container how would they know what's in it?
Concealed is concealed or is it? If they demand to see inside just say personal property and take it to a bank for safe deposit.

 

[ldhunter1959]

Specific industries were granted exemptions from having to allow employees to be able to have a firearm in their vehicle in Texas. Seems like chemical processing facilities were among them. Not sure if they would apply that restriction to a well site.

 

[ScottDLS]

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 laws that say employers must allow firearms in cars at work are specific to "employees". If the person is an independent contractor or works for a company other than the employer is not protected from dismissal (or technically canceling of the contract). The good news you are not committing a crime by keeping the gun in your car. The bad news is they could cancel your contract. I personally would keep it a lockbox in my car/truck, which I would refuse to open.

 

[Bolt]

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.

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