Texas employees will soon be allowed to bring guns onto company parking lots, parking garages and parking areas as long as the employee has a valid concealed hand gun license and the car is locked. The law allows employers to forbid employees from possessing guns or firearms in company buildings, but seems to allow for the possession of guns on sidewalks, streets and driveways. The law becomes effective on September 1, 2011 and was passed by the Texas Legislature during the 2011 session.
Other highlights of the law include the following:
- Employers may forbid employees with concealed handgun licenses from possessing or storing guns or firearms in company owned vehicles if the vehicle is used by the employee in the course and scope of employment.
- Employers do not have a duty to inspect or secure parking lots or parking areas for purposes of this new law.
- Civil liability is limited to gross negligence for incidents or injuries arising out of an occurrence involving a firearm legitimately on company property as a result of the requirements of the statute.
- The presence of a firearms legally possessed by employees in compliance with the law does not “by itself” constitute a failure by the employer to provide a safe workplace.
Many other states have enacted similar laws over the last few years. Employers should check state law to ensure that their safety and weapons policies accurately reflect the current state of the law.
Disclaimer
This blog is made available by Foley & Lardner LLP (“Foley” or “the Firm”) for informational purposes only. It is not meant to convey the Firm’s legal position on behalf of any client, nor is it intended to convey specific legal advice. Any opinions expressed in this article do not necessarily reflect the views of Foley & Lardner LLP, its partners, or its clients. Accordingly, do not act upon this information without seeking counsel from a licensed attorney. This blog is not intended to create, and receipt of it does not constitute, an attorney-client relationship. Communicating with Foley through this website by email, blog post, or otherwise, does not create an attorney-client relationship for any legal matter. Therefore, any communication or material you transmit to Foley through this blog, whether by email, blog post or any other manner, will not be treated as confidential or proprietary. The information on this blog is published “AS IS” and is not guaranteed to be complete, accurate, and or up-to-date. Foley makes no representations or warranties of any kind, express or implied, as to the operation or content of the site. Foley expressly disclaims all other guarantees, warranties, conditions and representations of any kind, either express or implied, whether arising under any statute, law, commercial use or otherwise, including implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall Foley or any of its partners, officers, employees, agents or affiliates be liable, directly or indirectly, under any theory of law (contract, tort, negligence or otherwise), to you or anyone else, for any claims, losses or damages, direct, indirect special, incidental, punitive or consequential, resulting from or occasioned by the creation, use of or reliance on this site (including information and other content) or any third party websites or the information, resources or material accessed through any such websites. In some jurisdictions, the contents of this blog may be considered Attorney Advertising. If applicable, please note that prior results do not guarantee a similar outcome. Photographs are for dramatization purposes only and may include models. Likenesses do not necessarily imply current client, partnership or employee status.
Author(s)
Related Insights
16 April 2024
Dashboard Insights
Foley Automotive Update
This update helps automotive suppliers inform their legal and operational decisions to help address challenges and opportunities.
16 April 2024
Foley Ignite
Significant Recent Decisions Relevant To Private Company M&A
In navigating the complex world of private company mergers and acquisitions (M&A), understanding recent legal decisions is paramount.
16 April 2024
Powered by Foley
RNG Project Fundamentals
On this episode of the Powered of Foley podcast, we are joined by partners Robert Sarfatis and Kyle Hayes, who are regularly advising clients in the development, financing and sale of facilities utilizing renewable natural gas.