Can a company legally deny employee's from carrying a gun in a fleet vehicle? - DFWstangs Forums
 
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post #1 of 16 (permalink) Old 08-12-2010, 09:58 PM Thread Starter
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Can a company legally deny employee's from carrying a gun in a fleet vehicle?

I work in the oil field and our company's policy is to not allow any firearms in their fleet vehicles. I dont plan on challenging them or anything, I was just wondering if the policy was against the constitution or not?
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post #2 of 16 (permalink) Old 08-12-2010, 10:05 PM
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Yep
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post #3 of 16 (permalink) Old 08-12-2010, 10:16 PM
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Yes.

It's thier vehicle. Anything you do on the job can be dictated by your employer.

Use a company computer? They can look at anywhere you surf.

Have a company phone? They can read your text and see who you called.

In short, if it's company property, they can make the rules.


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post #4 of 16 (permalink) Old 08-13-2010, 03:54 AM
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Yes, they can, and lots of leases/sites don't allow them either.

But bet your ass there was always decent firepower on hand! Lol
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post #5 of 16 (permalink) Old 08-13-2010, 05:52 AM
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I'll go with the consensus.


Any employer has a right to set rules/regs into place, as long as they don't make the employee engage in criminal conduct.

"At will" employees can be monitored, recorded, tracked by GPS, have thier company phone/computer useage audited, etc....
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post #6 of 16 (permalink) Old 08-13-2010, 07:04 AM
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IIRC if you have a CHL, unless you have asked and been told specificlly, a written policy (in an employee handbook for example) would not keep you from carrying legally however you could be fired if the company chose to do so.

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post #7 of 16 (permalink) Old 08-13-2010, 07:49 AM
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Quote:
Originally Posted by slow06 View Post
IIRC if you have a CHL, unless you have asked and been told specificlly, a written policy (in an employee handbook for example) would not keep you from carrying legally however you could be fired if the company chose to do so.
Correct, unless the written policy in the handbook was worded in accordance with PC 30.06.

But, the wording of the signature page can be tricky. If it states that the policies were explained to you, that could be used against you as verbal communication. Otherwise, you should be in the clear.

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post #8 of 16 (permalink) Old 08-13-2010, 09:51 AM
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I bet at least half the people on the leases out here have guns in the truck, but that is not the company policy.

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post #9 of 16 (permalink) Old 08-13-2010, 10:05 AM
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Quote:
Originally Posted by slow06 View Post
IIRC if you have a CHL, unless you have asked and been told specificlly, a written policy (in an employee handbook for example) would not keep you from carrying legally however you could be fired if the company chose to do so.
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Originally Posted by HOOCBB View Post
Correct, unless the written policy in the handbook was worded in accordance with PC 30.06.

But, the wording of the signature page can be tricky. If it states that the policies were explained to you, that could be used against you as verbal communication. Otherwise, you should be in the clear.
You couldn't be charged or arrested due to the employee handbook, but you can still be fired because of violating company policy that you were aware of.

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Last edited by GhostTX; 08-13-2010 at 10:52 AM.
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post #10 of 16 (permalink) Old 08-13-2010, 11:12 AM
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Quote:
Originally Posted by slow06 View Post
IIRC if you have a CHL, unless you have asked and been told specificlly, a written policy (in an employee handbook for example) would not keep you from carrying legally however you could be fired if the company chose to do so.
CHL has nothing to do with it. A company can stipulate that all employees wear "dress casual," and though there's no law against tank tops or flip flops, if you were to show up wearing both more than a couple times I bet they write-up/fire your ass.

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post #11 of 16 (permalink) Old 08-13-2010, 12:01 PM
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Quote:
Originally Posted by GhostTX View Post
You couldn't be charged or arrested due to the employee handbook, but you can still be fired because of violating company policy that you were aware of.
If the handbook is worded in accordance to PC 30.06, you can be arrested and charged. An employee handbook is a document and must be worded as prescribed in PC 30.06 to be effective notification. If it is not worded to match PC 30.06 and the signature page of the handbook says the policies were explained to you, that can be considered verbal notice. At that point, you might be in violation and may be arrested.

Quote:
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.

Added by Acts 1997, 75th Leg., ch. 1261, Sec. 23, eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 62, Sec. 9.24, eff. Sept. 1, 1999; Acts 2003, 78th Leg., ch. 1178, Sec. 2, eff. Sept. 1, 2003.

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post #12 of 16 (permalink) Old 08-13-2010, 01:53 PM
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Quote:
Originally Posted by HOOCBB View Post
If the handbook is worded in accordance to PC 30.06, you can be arrested and charged. An employee handbook is a document and must be worded as prescribed in PC 30.06 to be effective notification. If it is not worded to match PC 30.06 and the signature page of the handbook says the policies were explained to you, that can be considered verbal notice. At that point, you might be in violation and may be arrested.
Good point. I'm accustomed to not seeing them worded to 30.06.

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post #13 of 16 (permalink) Old 08-13-2010, 04:04 PM
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Im assuming by that that wording if a person is working at a customers site/location that allows firearms, that the person is still not eligible to carry.
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post #14 of 16 (permalink) Old 08-13-2010, 05:26 PM
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Originally Posted by John -- '02 HAWK View Post
Im assuming by that that wording if a person is working at a customers site/location that allows firearms, that the person is still not eligible to carry.
The wording above only mentions "this property," and doesn't say anything about vehicles or offsite locations.

Regardless of 30.06, I'd be more concerned about getting fired than getting pulled over and searched.

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post #15 of 16 (permalink) Old 08-13-2010, 05:41 PM
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Quote:
Originally Posted by The Raven View Post
The wording above only mentions "this property," and doesn't say anything about vehicles or offsite locations.

Regardless of 30.06, I'd be more concerned about getting fired than getting pulled over and searched.
Case law has extended "property" to company owned vehicles as well since the company owns the vehicles.
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post #16 of 16 (permalink) Old 08-13-2010, 10:11 PM
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Yeah they pull that crap at my job.

No fire arms in your own vehicle on company premises.


What they don't know, cant get me fired.



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