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lawyer speak: unless otherwise expressly permitted by operative state or local law.

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  • lawyer speak: unless otherwise expressly permitted by operative state or local law.

    What are your thoughts on this? Does "expressly permitted" encompass chl's?

    I think the question is worth asking even though some of the answers in the thread were retarded, like a customer can't carry in a bank in TX. Maybe we have smarter people on this site to give better answers.

    For purposes here we'll assume said company does not have a 30.06 sign posted.

    Copied from a 2010 defensivecarry.com post.



    I live in [Texas] have a CCW and work for a large Bank/Financial institution (can be any company really) I will call Acme Bank, in a large office building with a few 100+ employees in a not so good neighborhood [oak cliff] the entire company policy as it relates to Weapons is at the bottom:

    This part is not 100% clear to me:
    “The possession or use of weapons, including but not limited to, knives and handguns, weather concealed or carried openly, is strictly prohibited on Acme Bank premises, including property owned or leased by Acme, unless otherwise expressly permitted by operative state or local law. (emphasis mine)

    So would my State issued CCW licensed be considered “expressly permitted by operative state or local law.” I don't like to be unarmed I need to keep my Job and I don't feel comfortable calling HR and asking this question. Thoughts?

    “Weapons

    At Acme Bank, the safety of our employees, customers and visitors is of the highest priority. The possession or use of weapons, including but not limited to, knives and handguns, weather concealed or carried openly, is strictly prohibited on Acme premises, including property owned or leased by Acme, unless otherwise expressly permitted by operative state or local law. This prohibition applies to all employees, contractors, and vendors, with the exception of licensed, on-duty security personnel authorized by Acme to carry weapons on duty.

    Violations of this policy are taken very seriously and may result in corrective action, up to and including immediate termination of employment.

    An employee who is aware of anyone who is either in possession of a weapon on the firm's premises or is making intimidating references to a weapon must immediately inform their manager.”
    Last edited by sc281; 08-02-2014, 04:14 PM.

  • #2
    It looks like that dude is allowed, if he has his CHL.
    ZOMBIE REAGAN FOR PRESIDENT 2016!!! heh

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    • #3
      Sounds like if there is no 30.06 on the front door it's legal.
      "When the people find that they can vote themselves money, that will herald the end of the republic." -Benjamin Franklin
      "A democracy will continue to exist up until the time that voters discover that they can vote themselves generous gifts from the public treasury." -Alexander Fraser Tytler

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      • #4
        Does the no firearms policy in an employee's handbook qualify as proper notification under Texas law?

        I suspect the intention was to allow weapons to be stored in cars on corp property

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        • #5
          Originally posted by CJ View Post
          Sounds like if there is no 30.06 on the front door it's legal.
          Yea, it'd be legal, but is it allowed by the company?

          I guess I should have left out the 30.06 comment to be more clear. I am referring specifically as to whether the language in the company policy "unless otherwise expressly permitted by operative state or local law." is saying the company allows it in their building if you have a carry permit from the state.
          Last edited by sc281; 08-02-2014, 05:28 PM.

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          • #6
            Originally posted by YALE View Post
            It looks like that dude is allowed, if he has his CHL.
            That's the way I'm reading it, but I'm also not a lawyer.

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            • #7
              As a non-lawyer, it read ambiguously. It's so ambiguous that the manger and company can probably do whatever they wish. If they don't like it, I'm sure they will fire you. If they support you, then you are good to go. There is a reason they make stuff like this confusing. They do it so they can go either way whenever they want and wish.

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              • #8
                There are 30.06 signs up everywhere on American Airlines property. Every entrance, every road at the academy, every parking lot. You can not turn a corner and not see one.

                That is a crystal clear signal that they do NOT want employees carrying a gun, even in our cars. This goes for our employee parking lots at the airport as well.

                Do the maintenance hangers have this? ---- (to some of our mechanics that are on here)

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                • #9
                  Originally posted by John -- '02 HAWK View Post
                  Does the no firearms policy in an employee's handbook qualify as proper notification under Texas law?

                  I suspect the intention was to allow weapons to be stored in cars on corp property
                  Signing an employee handbook or document saying you have read the handbook qualifies as " provides notice to the person by oral or written communication."

                  See 30.06 (b)

                  And as far as the OP:
                  This prohibition applies to all employees, contractors, and vendors, with the exception of licensed, on-duty security personnel authorized by Acme to carry weapons on duty.

                  So, he CAN'T CCW at work.
                  "Self-government won't work without self-discipline." - Paul Harvey

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                  • #10
                    Originally posted by GhostTX View Post
                    Signing an employee handbook or document saying you have read the handbook qualifies as " provides notice to the person by oral or written communication."
                    Thats what I thought but wasnt able to find (I didnt look real hard).

                    I did find article that said since Texas is at at will state, and disobeying the rules put forth in the handbook do give justifiable reasons for termination even if the rules weren't legally enforceable. But that didn't address the OPs legal jargon specifics

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                    • #11
                      I read that as, legally he can carry at work, but his bank can(and probably will) fire him if he is caught. Even if he is caught, however, there are no legal ramifications
                      .

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                      • #12
                        Originally posted by Danny46 View Post
                        I read that as, legally he can carry at work, but his bank can(and probably will) fire him if he is caught. Even if he is caught, however, there are no legal ramifications
                        .
                        That is my take too.
                        Fuck you. We're going to Costco.

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                        • #13
                          Just shut the fuck up about it, and keep it very concealed.

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