Texas & U.S. Law Shield Forum

Uncategorized Boards => Ask the Lawyers => Topic started by: LiamSTX on December 21, 2017, 01:16:31 AM

Title: Storing Handgun in Locked Personal Vehicle in Company Parking Lot
Post by: LiamSTX on December 21, 2017, 01:16:31 AM
Ive Been an LTC holder for almost 6 years. Last night I had a terrifying experience after work where I was a whitness to an armed robbery on my way home.  I questioned my employer today on company policy about keeping a handgun locked up in my personal vehicle. I showed copies of the Texas Chapter 52  Subchapter G Labor Code. They stated that it isnt allowed. I only work at a retail store no post office or refinery or school. Can they really tell me I cant keep a locked up firearm in my locked up personal vehicle?
Title: Re: Storing Handgun in Locked Personal Vehicle in Company Parking Lot
Post by: TexasLawShield on January 05, 2018, 04:57:35 PM
The statue you mentioned—Texas Labor Code § 52.061—states part of the answer to your question. This statute reads:

A public or private employer may not prohibit an employee…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.

Under this law, an employer may not prohibit you from storing a firearm in your locked vehicle while you are working. There are exceptions to this law for employer-owned vehicles, federal employees, plant workers parking in a secure lot, and some others; however, as a retail worker, these exceptions do not apply to you. You should be perfectly entitled to store your firearm in your vehicle while working, and your employer should not be permitted tell you differently.

Unfortunately, this statute provides no penalty to an employer who violates it, and the attorney general has weighed in on the issue, saying this means no penalty is available at all. In other words, an employer can violate this law, prohibit you from keeping a handgun in your vehicle, terminate you for doing so, and face no legal repercussions. You are not committing a crime by violating your employer’s handgun storage policy, but doing so potentially risks your job.

So you are correct and incorrect. There is a law requiring your employer to allow you to store a firearm in your vehicle while you work. But, your employer can violate it without consequences.
Title: Re: Storing Handgun in Locked Personal Vehicle in Company Parking Lot
Post by: Neighbor on January 10, 2018, 05:01:40 PM
Is it possible to park off your employer's property - like on the street or in a neighboring lot?

What is the possibility of them searching your vehicle (i.e. have they ever searched a workers vehicle before).

Do they have a written policy for all employees?

This is one reason I just don't ask. If it's posted legally or written plainly in a policy statement, fine but I will not ask because once you ask and get this kind of answer it's hard to say you had no idea.