Can I Carry at Work in Texas?

Going to work is an important part of everyone’s lives, and while most civilian jobs do not normally involve carrying a firearm, a question we hear all the time is, “Can I carry my handgun at work?” The answer is best understood in two parts: whether it’s a crime, and if not, whether your employer can prohibit carrying.

If you have a Texas License to Carry or another recognized license or permit, taking your handgun to work is simple. If a business has not given you proper 30.06 or 30.07 notice or is not a prohibited place, you should be clear of any potential criminal charges. Remember though, there are specific places where possession of firearms is generally prohibited, such as schools, bars, offices used by courts, and the list goes on. With or without an LTC, you cannot carry at these places.

Additionally, if you don’t have an LTC, you generally cannot carry a handgun at work unless the premises are considered to be under your control. For example, if you’re a business owner, you may legally possess a handgun on the premises under your control without a license.

Under Texas law, both private sector and government employers CAN prohibit a person from having their handgun inside of buildings. For example, if a valid employment contract prohibits firearms anywhere on a company’s premises, carrying your handgun inside of an office building could be grounds for termination, even though it’s not a crime.

Texas law provides some relief for folks who would like to take their gun to work but are prohibited from doing so by their employer. The Texas Labor Code prohibits employers from having a policy or rule against gun owners storing firearms within their privately-owned motor vehicle in an employee parking area. Time for some bad news, though. This law provides absolutely no remedy for an employee who is terminated for having a handgun in their car. In other words, if your employer fires you for having a gun in your car, you very likely have no recourse against the employer. Also note, under this rule, some employers are still legally allowed to exclude firearms from parking areas, including property owned or leased by a chemical manufacturer or oil and gas refiners; and businesses that manufacture, use, store, or transport hazardous, combustible, or explosive materials.

The last major consideration we must take into account: Any person can be fired by their employer for a legal non-discriminatory reason. Unfortunately, Second Amendment Patriots are not considered a protected class like age, race, or gender. Under the current state of the law, it’s not considered discrimination to fire an employee for violating a firearms policy.

If you have any questions about firearms and your job, call Texas LawShield and ask to speak to an Independent Program Attorney today.

Posted in Law

Comment section

3 comments on “Can I Carry at Work in Texas?

  1. Maybe I am mistaken but I think I am correct, but if not please correct me. The second to last paragraph mentions “Right-To-Work” State.

    Here is that part of the post: The last major consideration we must take into account is: Texas is a “right-to-work” state, and any person may be fired by their employer for a legal, non-discriminatory reason.

    I Think the writer meant to say: AT WILL STATE.

    Unless I am mistaken (since it has been a while since I looked this up) that “Right to work has to deal with Unions not blocking a person from working. Again it’s been a while but I think that was from Taft Hartley Act. Maybe an attorney can chime in here and correct me if I am mistaken.

    I believe in an At Will State that an employer or Employee can terminate their employment at any time except for special reason, such as race and religion etc unless that resignation or termination has a contractual clause somewhere.

    I have always taken that to mean that a person whose employer says you can’t bring a gun to work can stop you or fire you. Just my opinion.

  2. So Texas law says an employer cannot prohibit an employee from storing a gun in their car, but there’s no punishment for violating this law?

  3. Texas law says an employer cannot have a “policy” or “rule” banning you from having a gun in your car. He can still fire you for having a gun in your car as long as he doesn’t have a policy or rule against it.

Leave a Reply

Your email address will not be published. Required fields are marked *

This site uses Akismet to reduce spam. Learn how your comment data is processed.

%d bloggers like this: