State job question about State and Federal Constitution.

Discussion in 'Freedom and Liberty' started by Blackgrub0331, Dec 22, 2024.


  1. Blackgrub0331

    Blackgrub0331 Monkey

    First off I'm not looking for legal advice. I'm trying to answer a question for a friend of mine who works for Texas State parks.

    They were told that even though Texas Constitution carry that guest of the park can open carry anything and everything they want but do to policy park employees can only conceal carry.

    If it was not a government agency the answer would be easy they are a private company and are not apart of the Government.

    Yet she works for the state parks and she was told that it was in policy and even if it is policy I believe the Constitution supersedes policy?

    Maybe I'm missing something and don't want to tell her anything without me not stepping back and saying I don't know everything and I might have missed something or the law has changed.

    Thanks. Again not looking for legal advice more case law of proof I can give her.
     
  2. Tempstar

    Tempstar Monkey+++

    A cursory look shows no case law on this, though there could be some. Generally, when one enters into a contract for employment the articles of that contract overrides anything else, especially if addressed specifically. In NC I was not allowed to carry a personal firearm on state property (because it was a prison) yet could carry on most other state properties. This even extended to our vehicles parked on the property. Truthfully in your case it is no different than a "No Concealable Weapons" sign on a store: You either agree with it or don't enter as their wishes on their property trumps any state law pertaining to the carry of firearms.
     
    Brokor likes this.
  3. mysterymet

    mysterymet Monkey+++

    Hell, she is being allowed to carry at work! Don’t look a gift horse in the mouth and just carry concealed.
     
    Cruisin Sloth and sec_monkey like this.
  4. Ura-Ki

    Ura-Ki Grampa Monkey

    This is far more simple then you realize, I would NOT challenge it, and simply accept the fact you are allowed to exercise your right to self protection and leave it at that!
    That a "State" agency would even allow/recognize your individual right outside of a Law Enforcement position, is really awesome, and tells us that the State actually cares enough to honor your constitutional rights.
    If this was a Fed Agency, like the National Parks Service, only a select hand full of employees are armed under Law Enforcement charter, while many if not most are NOT allowed personal protection.
    Some states that operate parks in high risk areas, areas where there are dangerous predators usually have an armed staffing to deal with threats, whilst a vast majority of employees are less than lethally armed Rangers, and again, depending on the specific park, may or may not have law enforcement powers!

    The short of this, be thankful you are allowed to carry at all, most states would not allow this, be careful in doing your daily job, and remember, just because you can, don't always mean you have the same rights as an employee as you would as a private citizen! Enjoy your freedom, but remember, that freedom carries extreme responsibility with it!
     
    mysterymet likes this.
  5. cpaspr

    cpaspr Monkey+++

    And even that is state specific.

    I know in Texas there are specific signage requirements under Texas law 30.06 (ironic, that specific number). If a sign doesn't meet the font size, sign size, posting location, etc. requirements, it is invalid. However, if it does conform to the law, it carries the weight of law, and to violate it by carrying inside the establishment is to risk running afoul of the state.

    In Oregon though, at least the last time I checked (IANAL, etc.) a patron of a retail business may ignore such a sign without fear of legal repercussions. With one caveat. If you get caught carrying, and are asked to leave, you had best leave. Otherwise you can be arrested for trespassing. Actually, whether you are caught carrying or not. It's not firearm related; it is because you were asked to leave and didn't. A business can ask anyone to leave, regardless of reason, or lack thereof. It's not generally good for a business if exercised without reason, but the business isn't necessarily required to let anyone on the premises (even "protected" classes, if they can come up with a different reason, such as the (xxxx) person is harassing other patrons, etc.).
     
    gii shi kan dug likes this.
  6. 3M-TA3

    3M-TA3 Cold Wet Monkey

    When your friend took the job she accepted all the restrictions her employer gave her. Likely the requirement to not open carry is for public relations. While I would see open carry by the staff as reasonable, others with that blue mind set would be all askerreded and start whining and protesting ruining the experience (like they always do) for everybody else. Plus, I don't need to see another "I was literally killed and raped" story from AOC because she thought the park was the Mexico border and thought that friendly park employee that finally explained to her how her Insinkerator works* was a super MAGA right wing extremist sent to assassinate her.

    * Yup, when she moved into her Wash DC apartment it had one and she turned to social media to find out what it did and how to use it.
     
    mysterymet likes this.
  7. Zimmy

    Zimmy Wait, I'm not ready!

    I work for the State. We kinda follow the regulations restrictions of carrying concealed per 30.06 (concealed) per building use or hazardous access. No open carry allowed as employees. That's the decision of the business owner and not legitimately arguable as far as I know.

    I don't open carry anyway, so not worth the argument.
     
    Tempstar likes this.
survivalmonkey SSL seal        survivalmonkey.com warrant canary
17282WuJHksJ9798f34razfKbPATqTq9E7