Texas-Book-Gun Law Armed And Educated - Flipbook - Page 348
c. the ingress into which is constantly monitored by security
personnel.
The law on employer/employee handgun relations is very
interesting, not because of the rights provided and/or restricted,
but because of the fact that there is no penalty for either party who
violates this law. Thus, an employer who disciplines an employee for
having a firearm in the employee’s personal vehicle is not subject to
any criminal responsibility or civil liability for doing so. In fact, an
employee can be fired for violating company policy in the employee
handbook and have no legal recourse against the employer, but the
employee does not need to fear criminal prosecution.
The 85th Texas Legislature created an interesting wrinkle to a school
district’s exemption from the employer parking lot law. The Texas
Education Code was amended to state that a school district could not
prohibit employees who are also LTC holders from keeping firearms
and ammunition concealed in their locked private motor vehicles
while parked in school parking lots. School districts irrationally
reacted to this new law and began imposing unreasonable storage
and notice conditions on their employees, undermining the legislative
intent. In response in 2019, the Texas Legislature further amended
the Texas Education Code to add that schools may not regulate the
manner in which the handgun, firearm, or ammunition is stored in a
private vehicle. This closed the loophole that school districts had been
using to thwart the restrictions. See Tex. Educ. Code § 37.0815(a).
The 87th Texas Legislature in 2021 did not further amend the Texas
Education Code to explicitly allow constitutional carrier employees
the ability to store their firearm and ammunition in their private vehicle
parked in school parking lots. The law applies only to LTC holders;
Law Of Handgun Carry: Part III 337
