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Discussion Starter #1
I know another one of "these". I have a slightly different question though and can't find an answer even in the forum. I don't leave the state of Texas in my semi first of all. I'm getting a concealed permit. My company does have a policy in their handbook against firearms on company property....however they do not have posted signs against firearms.

Now in texas you CAN carry a gun in a vehicle that is yours OR is under your CONTROL. You don't have to have a license to do this and the gun has to be concealed in the vehicle from plain view. The most danger I'm in is at work. I come home every night but the most dangerous people I'm around is where I deliver and where I pick my truck up in the morning.


Which rule applies? I know there is a law about conceal carrying and company policy, BUT if I wasn't even getting a permit to conceal then the policy wouldn't apply to me. I'm simply carrying in a vehicle that is under my control. I see postings on forums where people say that they think there is a state or federal law against it but no one can reference this.
 

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While carrying on your company property may not be illegal, if you're caught you will no doubt be fired.... You have the info. correct, carrying concealed in your vehicle, in Tx without a permit is legal. The permit will not trump your company policy... There is no law about concealed carrying and company property, they are separate issues...

Oh yeah, Welcome to the forum...
 

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Discussion Starter #3
I'm 99percent sure my boss doesn't care...I know he carries atleast in his truck. I think it's mainly for his employees in the factory.
 

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TX-JB is right, they are two different issues.
 

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Well, then you don't need to have a CHL to legally carry in your vehicle. I don't know if there are DOT restrictions... You better make sure your not violating a Federal law...

What part of the state is Holland Tx located?
 

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If you are going to carry a handgun in your truck and need to lock it up in the cab, I'd suggest a COM safe...

COM Safe
 

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there is NO dot regulation about fire arms if your good to go in your private vehicle your good to go in a big truck
 

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Discussion Starter #8
Its located about 15min from temple. Well I'll make extra sure but I see no federal law. Also no place I deliver to has any signs up and they don't care either there all great. I'm just concerned about getting pulled over. It's really annoying that even though it's not illegal and we should actually be able to bare our arms that I have to fear my government. I'm going to keep a texas gun law book with me, with important parts highlighted.
 

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You need to read up on the CHL laws for Texas. If you have been notified in writing or verbally that the company prohibits CHL in their vehicles or on their property, then you have been given effective notice and you are breaking the law along with company policy by having a firearm in the truck.

I don't have the statute handy, but you should be able to find it with a bit of searching. The 30.06 sign is not the only thing that employees have to worry about. The 30.06 sign is for the public not the employees. Read your statutes.
 

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You need to read up on the CHL laws for Texas. If you have been notified in writing or verbally that the company prohibits CHL in their vehicles or on their property, then you have been given effective notice and you are breaking the law along with company policy by having a firearm in the truck.

I don't have the statute handy, but you should be able to find it with a bit of searching. The 30.06 sign is not the only thing that employees have to worry about. The 30.06 sign is for the public not the employees. Read your statutes.
Read your statutes
Why is it people can't figure this out?
 

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Why is it people can't figure this out?
Because it may not be true. Read 30.06 carefully. Let's say the employee received written notification of the no firearms policy in an employee's handbook. IF that written notification did not meet the requirement of 30.06 and no oral notification was given, then the employer has not given sufficient notification and the act of carrying on the premises by the employee would not be illegal by itself. It would only become illegal once the employer verbally notified the employee or the written notification met the requirements of 30.06.

Now, of course, the employer could fire the employee at any time.

Sec. 30.06. TRESPASS BY HOLDER OF LICENSE TO CARRY CONCEALED HANDGUN. (a) A license holder commits an offense if the license holder:

(1) carries a handgun under the authority of Subchapter H, Chapter 411, Government Code, on property of another without effective consent; and

(2) received notice that:

(A) entry on the property by a license holder with a concealed handgun was forbidden; or

(B) remaining on the property with a concealed handgun was forbidden and failed to depart.

(b) For purposes of this section, a person receives notice if the owner of the property or someone with apparent authority to act for the owner provides notice to the person by oral or written communication.

(c) In this section:

(1) "Entry" has the meaning assigned by Section 30.05(b).

(2) "License holder" has the meaning assigned by Section 46.035(f).

(3) "Written communication" means:

(A) a card or other document on which is written language identical to the following: "Pursuant to Section 30.06, Penal Code (trespass by holder of license to carry a concealed handgun), a person licensed under Subchapter H, Chapter 411, Government Code (concealed handgun law), may not enter this property with a concealed handgun"; or

(B) a sign posted on the property that:

(i) includes the language described by Paragraph (A) in both English and Spanish;

(ii) appears in contrasting colors with block letters at least one inch in height; and

(iii) is displayed in a conspicuous manner clearly visible to the public.

(d) An offense under this section is a Class A misdemeanor.

(e) It is an exception to the application of this section that the property on which the license holder carries a handgun is owned or leased by a governmental entity and is not a premises or other place on which the license holder is prohibited from carrying the handgun under Section 46.03 or 46.035.
 

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Discussion Starter #12
ok I get what your saying about the policy for concealed carry...BUT concealed carry is a priviliage correct? It allows you to do something that isn't already the law. If I don't get a chl than are you saying it's perfectly legal to carry it in my truck BUT if I get the license I have certain rights taken away? I don't think that is the purpose and that makes no sense. That seems to me that is like saying that in an open carry state you get a chl and that meens that you can't open carry like everyone else that has no special license

I'm not trying to start an argument it's just that if it's legal than I want to exercise my rights, we've already lost enough of them
 

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Discussion Starter #13
also the handbook just says no firearms it definately isn't anywhere near up to the standards 30.06 requires. I would sure like to hear the oppinions of some officers. Texas preferably
 

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What NavyLT said is true... I'm a retired TX LEO...
 

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ok I get what your saying about the policy for concealed carry...BUT concealed carry is a priviliage correct? It allows you to do something that isn't already the law. If I don't get a chl than are you saying it's perfectly legal to carry it in my truck BUT if I get the license I have certain rights taken away? I don't think that is the purpose and that makes no sense. That seems to me that is like saying that in an open carry state you get a chl and that meens that you can't open carry like everyone else that has no special license

I'm not trying to start an argument it's just that if it's legal than I want to exercise my rights, we've already lost enough of them
What people are saying is that in your truck, the CHL means absolutely nothing. In a vehicle, you can carry a concealed handgun with or without the CHL, per Texas law. In the company's truck, the employer can prohibit their employees from carrying a firearm as a condition of employment, whether or not that employee has or has not a CHL.

What we are saying is that your CHL has no bearing on your employment.... if the company prohibits carrying firearms as a condition of employment than they can fire you for carrying a firearm on the job, regardless of whose property you are on.

Let's even go one step further - let's say you are a pizza delivery guy and you deliver for Domino's pizza using your own vehicle. Whether or not you have a CHL, you can have a concealed handgun in your vehicle. In the Domino's pizza employee handbook it says, "Employees of Domino's Pizza are not allowed to possess any firearm during working hours." If Domino's Pizza finds out about that handgun you keep in your car when "on the clock", they can fire you.

I think your question comes up about the 30.06 sign only applying to license holders and not to non-license holders. Texas is a concealed carry only state. Texas does not recognize the right of persons to be armed. In order to be armed in any way, off your own property or outside of your vehicle you must be licensed to do so. That is why the sign only applies to licensed carriers is because a person carrying a handgun without a license is already breaking the law by doing so.

What the legislature did not take into account is the one situation that you describe - I am driving someone else's vehicle, I have a concealed handgun in that vehicle, as I am in control of that vehicle, and they do not desire me to have a handgun in that vehicle, so, it would appear, that they can only legally deny me the ability to have a handgun in that vehicle with a 30.06 sign if I have a license.

But there is one problem with the above situation - they have two other ways of legally denying my carrying of a handgun in their vehicle if I am licensed - they can verbally inform me and/or they can deny my permission to drive their vehicle.
 

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Because it may not be true. Read 30.06 carefully. Let's say the employee received written notification of the no firearms policy in an employee's handbook. IF that written notification did not meet the requirement of 30.06 and no oral notification was given, then the employer has not given sufficient notification and the act of carrying on the premises by the employee would not be illegal by itself. It would only become illegal once the employer verbally notified the employee or the written notification met the requirements of 30.06.

Now, of course, the employer could fire the employee at any time.

Sec. 30.06. TRESPASS BY HOLDER OF LICENSE TO CARRY CONCEALED HANDGUN. (a) A license holder commits an offense if the license holder:

(1) carries a handgun under the authority of Subchapter H, Chapter 411, Government Code, on property of another without effective consent; and

(2) received notice that:

(A) entry on the property by a license holder with a concealed handgun was forbidden; or

(B) remaining on the property with a concealed handgun was forbidden and failed to depart.

(b) For purposes of this section, a person receives notice if the owner of the property or someone with apparent authority to act for the owner provides notice to the person by oral or written communication.

(c) In this section:

(1) "Entry" has the meaning assigned by Section 30.05(b).

(2) "License holder" has the meaning assigned by Section 46.035(f).

(3) "Written communication" means:

(A) a card or other document on which is written language identical to the following: "Pursuant to Section 30.06, Penal Code (trespass by holder of license to carry a concealed handgun), a person licensed under Subchapter H, Chapter 411, Government Code (concealed handgun law), may not enter this property with a concealed handgun"; or

(B) a sign posted on the property that:

(i) includes the language described by Paragraph (A) in both English and Spanish;

(ii) appears in contrasting colors with block letters at least one inch in height; and

(iii) is displayed in a conspicuous manner clearly visible to the public.

(d) An offense under this section is a Class A misdemeanor.

(e) It is an exception to the application of this section that the property on which the license holder carries a handgun is owned or leased by a governmental entity and is not a premises or other place on which the license holder is prohibited from carrying the handgun under Section 46.03 or 46.035.
I think you may have misunderstood what I said. What I was referring to was why do people come here and ask questions rather than read the laws for their state. If they would read their states laws first then come here and ask questions I can see that, but many come here without ever reading their state laws and start asking questions. Read your states laws till you learn them as best you can and then come ask the questions you have.
 

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I think you may have misunderstood what I said. What I was referring to was why do people come here and ask questions rather than read the laws for their state. If they would read their states laws first then come here and ask questions I can see that, but many come here without ever reading their state laws and start asking questions. Read your states laws till you learn them as best you can and then come ask the questions you have.
It's like having job security partner, if everyone did what they were suppose to or knew everything or read up on everything, then sites like this would shut down because we wouldn't have a darn thing to talk about or discuss, half the discussions on these sites is because not everyone is internet savvy or literate to the internet ways of finding information, so they come here looking for answers and asking those questions.

It's up to us to guide and lead the way, not chastize and scold and turn folks away from doing exactly what these sites are made for.
 

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What the legislature did not take into account is the one situation that you describe - I am driving someone else's vehicle, I have a concealed handgun in that vehicle, as I am in control of that vehicle, and they do not desire me to have a handgun in that vehicle, so, it would appear, that they can only legally deny me the ability to have a handgun in that vehicle with a 30.06 sign if I have a license.
I believe that if you enter or operate a vehicle that belongs to someone else and are in possesion of a deadly weapon when you were told that weapons were prohibited you could be found guilty of a class A misdemeanor under section 30.05 for criminal treaspass.

I don't believe that they have to give an unlicensed person effective notice under section 30.06, they just have to give any notice that weapons are prohibited in the vehicle owned by them.

Sec. 30.05. CRIMINAL TRESPASS. (a) A person commits an offense if he enters or remains on or in property, including an aircraft or other vehicle, of another without effective consent or he enters or remains in a building of another without effective consent and he:

(1) had notice that the entry was forbidden; or

(2) received notice to depart but failed to do so.

(b) For purposes of this section:

(1) "Entry" means the intrusion of the entire body.

(2) "Notice" means:

(A) oral or written communication by the owner or someone with apparent authority to act for the owner;

lots of other stuff and then
An offense under Subsection (a) is a Class B misdemeanor, except that the offense is a Class A misdemeanor if:

(1) the offense is committed:

(A) in a habitation or a shelter center;

(B) on a Superfund site; or

(C) on or in a critical infrastructure facility; or

(2) the actor carries a deadly weapon on or about his person during the commission of the offense.
 
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