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Non-permissive Carry Environment

3467 Views 56 Replies 32 Participants Last post by  HonkeyFries
Does anyone work and regularly carry concealed in a non-permissive office environment or venue? I don't mean illegally, but in a legal CCW jurisdiction where an individual office, business, or venue frowns upon CCW and would likely toss you out (or attempt to do so) should your firearm be discovered...and no, I don't mean banks, schools, or government facilities. Just curious if folks do and what they carry. :eyelashes:
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Looking back at the OP’s original question, it is indeed quite possible to carry in a place of business
that you work at even if said business forbids it. Of course, this is Texas. The Texas legislature
wanted to be certain there was no ambiguity concerning the carrying of firearms in places of business. So ..., it is entirely possible here to be in compliance with the law while violating your employers work policy regarding firearms. The signage has to be exactly to specs, otherwise it
can be ignored. Doesn’t mean they can’t fire you. I don’t carry a firearm to work, just pepper spray.
 

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Our employee handbook explicitly states that we shall not have firearms at work. Ownership knows I'm a shooter and carry everywhere I go. I was told that I'm trusted and that it would be good to have someone with training in case something happens here. To avoid trouble, I had the owner write a note in that section of my copy and sign it. I then scanned it and have a copy stored in my safe as well as a digital copy stored online.

As an aside, our employee handbook also states that we are not to have firearms stored in our vehicles in the parking lot. That statement alone is illegal in Texas unless the parking lot is at a public school or on property owned by a chemical manufacturer.
 
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Our employee handbook explicitly states that we shall not have firearms at work. Ownership knows I'm a shooter and carry everywhere I go. I was told that I'm trusted and that it would be good to have someone with training in case something happens here. To avoid trouble, I had the owner write a note in that section of my copy and sign it. I then scanned it and have a copy stored in my safe as well as a digital copy stored online.

As an aside, our employee handbook also states that we are not to have firearms stored in our vehicles in the parking lot. That statement alone is illegal in Texas unless the parking lot is at a public school or on property owned by a chemical manufacturer.
Wish I worked for an “enlightened” place like that. Oh well, I can’t complain, I’m semi retired.
 

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So you’re saying you ask, at the interview, if they allow guns and then get up and leave when they say “no”? Oh ok.
This actually happened at a place I used to work at. Guy stand up in the middle of new hire orientation, announced that he had a concealed handgun permit and that he never went anywhere unarmed. He then asked if he'd be permited to do so at work. The facilitator looked at him like he'd lost his mind.

We worked in different departments so I never saw him again after orientation but I don't think he lasted long.

I don't ask questions like that of my employers. If a company policy manual doesn't explicitly state that I can't I presume that it's permitted and I keep my mouth shut.

If it IS stated in the policy manual then I have a decision to make.
 

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There is extensive state by state case law, one being Kentucky, that both allow you to carry onto the parking lot of your employer and also not allowed to carry.

........
My guess is a fair amount of the case law comes from various state statutes that at least decriminalize having the gun in the car at some places of employment.


The place I work at does have a policy against carrying in the parking lot. Of course, the Texas
legislature ruled this was not in violation of the law even if the business posted the proper signs
forbidding firearms in their building. ...
...
Being able to keep a gun in the car at work not being a crime seems like a good start. Here in FL the statute, FSS 790.251 allows employees as many but not all places of employment protection from being terminated for having a gun in the car. The statute also helps reduce liability for employers should the gun be used.
...
As an aside, our employee handbook also states that we are not to have firearms stored in our vehicles in the parking lot. That statement alone is illegal in Texas unless the parking lot is at a public school or on property owned by a chemical manufacturer.
How is the illegality of an employee handbook prohibiting a gun in the car in the parking lot enforced? Is it a criminal act or a civil violation?

No I can’t off the top of my head. To the best of my memory it was about four years ago. I’m out in the field right now and don’t have access to my computer.
Westexas several years ago the US Supreme Court ruled in a case in which an employer had such a rule about parking lots, etc. Their finding was that if it has uncontrolled public access, even on company property, then no such “policy” can bear any weight and unenforceable. To do so is a civil rights violation and hence, unconstitutional.
I am still curious as to this case. I wonder how the Supreme Court rectifies allowing some places, such as Post Offices to prohibit guns in cars in parking lots by it being a criminal statute but declares prohibiting guns in other parking lots by a policy is a civil rights violation.
 

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I know of no statute that prohibits having a gun in your vehicle adjacent to the Post Office but only inside it’s confines. Maybe straining the “public access” wording. Since we know no one would dare park in a lot marked for postal employees only without being employed there. (Sarcasm intended.)
 

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I know of no statute that prohibits having a gun in your vehicle adjacent to the Post Office but only inside it’s confines. Maybe straining the “public access” wording. Since we know no one would dare park in a lot marked for postal employees only without being employed there. (Sarcasm intended.)
. I am of the belief that if the parking lot is USPS property that gun possession there is the same as inside the USPS building.
 

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Currently by state and company law can't carry at work.

My part time job forbids carry on person or in our vehicles.

In such case I follow one of my old addages.

If you find a gun on me, we'll talk.

Have carried for many years on the job in previous employment.

No talk. No walk.

In one job, I should have packed my AK.
If I was to do that same job now, I would!

And a level III vest...

Gray_Rider
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. I am of the belief that if the parking lot is USPS property that gun possession there is the same as inside the USPS building.
I'll see if I can find the supporting documentation but I THINK there was a guy in Colorado who was arrested for having a gun in his car in a post office parking lot.

I THINK he was found guilty and the case is going through the appeals process
 

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I'll see if I can find the supporting documentation but I THINK there was a guy in Colorado who was arrested for having a gun in his car in a post office parking lot.

I THINK he was found guilty and the case is going through the appeals process
I don't have anything at my fingertip but I am quite sure somebody was in fact convicted for having a pistol in a USPS parking lot.

How American
 

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[QUOTE="Westexas

A while back we actually had a “flasher” that would show up
in the parking lot after dark and “flash” the female employees. He got a big surprise when a female
employee pulled her .38 and “flashed” back. We had a good laugh. Of course, we were told we shouldn’t be bringing guns into “their” parking lot. After all, this place had security guards. Yeah
Right, a whole helluva lot of good that’s done.[/QUOTE]

"My kinda gal right thar!" as Patrick F. Mc Mannis' character, Rancid Crabtree would say.

Gray_Rider
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I don't have anything at my fingertip but I am quite sure somebody was in fact convicted for having a pistol in a USPS parking lot.
Quoting Frank Ettin THR mod and lawyer


Frank EttinModerator
It's really a matter of USPS regulations (which have the force of law). 39 CFR 232.1(l) provides:
(l) Weapons and explosives. Notwithstanding the provisions of any other law, rule or regulation, no person while on postal property may carry firearms, other dangerous or deadly weapons, or explosives, either openly or concealed, or store the same on postal property, except for official purposes.
the Tenth Circuit affirmed the application of 39 CFR 232.1(l) prohibit even the otherwise lawful possession of a gun in a Post Office parking lot (Bonidy v. Unite States Postal Service(10th Circuit, Nos. 13-1374, 13-1391, 2015)).
 
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