Texas Parking Lot Law Discussed

Some friends and I were talking recently about the Texas Parking Lot Law passed June 2011. One person was arguing with me that I could carry in my vehicle at the school where I work and at the chemical plant here in my town.

Now, keep in mind, I am NOT a lawyer and I do NOT play one on TV. I am not giving legal advice and you need to make sure that you know the law before you carry anywhere. If you have questions about the law, my best advice is to check with a lawyer.

With that being said, my understanding is that you CANNOT carry in the parking lot of a school disctrict (including schools within that district) or in a chamical manufacturing plant. As with the laws we have discussed in the past, I have listed the penal code verbage so that you may read it for yourself.

The law as it reads is as follows:

52.061. Restriction on Prohibiting Employee Access to or Storage of Firearm or Ammunition.

A public or private employer may not prohibit an employee who holds a license to carry a concealed handgun under Subchapter H, Chapter 411, Government Code, who otherwise lawfully possesses a firearm, or who lawfully possesses ammunition 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.

 Sec.A52.062.AAEXCEPTIONS.

(a) Section 52.061 does not:

(1) authorize a person who holds a license to carry a concealed handgun under Subchapter H, Chapter 411, Government Code, who otherwise lawfully possesses a firearm, or who lawfully possesses ammunition to possess a firearm or ammunition on any property where the possession of a firearm or ammunition is prohibited by state or federal law; or

 (2) apply to:

(A) a vehicle owned or leased by a public or private employer and used by an employee in the course and scope of the employee ’s employment, unless the employee is required to transport or store a firearm in the officia discharge of the employee ’s duties;

(B) a school district;

(C) an open-enrollment charter school, as defined by Section 5.001, Education Code;

(D) a private school, as defined by Section 22.081, Education Code;

(E) property owned or controlled by a person, other than the employer, that is subject to a valid, unexpired oil, gas, or other mineral lease that contains a provision prohibiting the possession of firearms on the property; or

(F) property owned or leased by a chemical manufacturer or oil and gas refiner with an air authorization under Chapter 382, Health and Safety Code, and on which the primary business conducted is the manufacture, use, storage, or transportation of hazardous, combustible, or explosive materials, except in regard to an employee who holds a license to carry a concealed handgun under Subchapter H, Chapter 411, Government Code, and who stores 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 otherparking area the employer provides for employees that is outside of a secured and restricted area:

(i)A that contains the physical plant;

(ii)A that is not open to the public; and

(iii)Athe ingress into which is constantly monitored by security personnel.

(b) Section 52.061 does not prohibit an employer from prohibiting an employee who holds a license to carry a concealed handgun under Subchapter H, Chapter 411, Government Code, or who otherwise lawfully possesses a firearm, from possessing a firearm the employee is otherwise authorized by law to possess on the premises of the employer ’s business. In this subsection, "premises" has the meaning assigned by Section 46.035(f)(3), Penal Code.

Sec.A411.203.AARights of Employers. This subchapter does not prevent or otherwise limit the right of a public or private employer to prohibit persons who are licensed under this subchapter from carrying a concealed handgun on the premises of the business. In this section, "premises" has the meaning assigned by Section 46.035(f)(3), Penal Code.

Note: This is not the complete law on Parking Lot Storage. See Texas Statutes for complete Law. Statute copied from http://www.handgunlaw.us/states/texas.pdf 

So, there it is, Texas Parking Lot code. I applaud Texas legislature for allowing us to be protected in the parking lots where we work regardless of what employers say. It is my prayer that one day our Second Amendment Rights will not be limited, but until then every step forward is a step in the right direction.