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by donkey
Sun Mar 10, 2013 10:01 pm
Forum: General Texas CHL Discussion
Topic: CHL Shotgun question
Replies: 31
Views: 6117

Re: CHL Shotgun question

eureka40 wrote:Does the GFSZ act apply only to school property, or is it within 1000 feet of a school property?

As in what if I'm driving past a school on the street. Would one be in violation?
The GFZA applies to school property and all public property within 1000 feet of the school (Private property is exempt due to B(i) in the quote in my previous post). If you have a CHL then the GFZA doesn't apply to you in regards to handguns. If you do not have a CHL or have a long gun and drive within 1000 feet of a school then you are in violation unless you meet one of the listed exemptions (gun unloaded and locked up is one exemption). That being said it is pretty rare for someone to be charge with a violation. It tends to be an add on charge, but it is still the law.
o b juan wrote:"Anyone legal to own a long gun can. It must be unloaded and in a locked container or in a locked gun rack. It is covered in the GFZA."

Well BER and donkey I didnt know we were talking about schools ." Federal Law not Texas Law."
I see no restrictiuns on shotguns and rifles in vehicle in the state of Texas.. Did I miss something in the posts?
The GFZA was brought up in response to someone asking about keeping a shotgun in a vehicle in a school parking. State law does not prevent you from doing this; however as RX8er correctly pointed out, federal law does apply to school property and school zones. While federal agencies do not tend to be very aggressive in enforcing that particular law it is still possible to be charged with violating it.
by donkey
Sun Mar 10, 2013 1:13 am
Forum: General Texas CHL Discussion
Topic: CHL Shotgun question
Replies: 31
Views: 6117

Re: CHL Shotgun question

o b juan wrote:Anyone legal to own a long gun can.
"It must be unloaded and in a locked container or in a locked gun rack. It is covered in the GFZA".

Where in TEXAS Law did you find That Ber??
And what in the world is GHZA?o
GFZA=Gun Free Zone Act

GFZA is a federal law:
The Gun Free School Zones Act of 1990 (18 U.S.C. § 922(q)) states:
(A) It shall be unlawful for any individual knowingly to possess a firearm that has moved in or that otherwise affects interstate or foreign commerce at a place that the individual knows, or has reasonable cause to believe, is a school zone.
(B) Subparagraph (A) does not apply to the possession of a firearm—
(i) on private property not part of school grounds;
(ii) if the individual possessing the firearm is licensed to do so by the State in which the school zone is located or a political subdivision of the State, and the law of the State or political subdivision requires that, before an individual obtains such a license, the law enforcement authorities of the State or political subdivision verify that the individual is qualified under law to receive the license;
(iii) that is— (I) not loaded; and (II) in a locked container, or a locked firearms rack that is on a motor vehicle;
(iv) by an individual for use in a program approved by a school in the school zone;
(v) by an individual in accordance with a contract entered into between a school in the school zone and the individual or an employer of the individual;
(vi) by a law enforcement officer acting in his or her official capacity; or
(vii) that is unloaded and is possessed by an individual while traversing school premises for the purpose of gaining access to public or private lands open to hunting, if the entry on school premises is authorized by school authorities.
(3) (A) Except as provided in subparagraph (B), it shall be unlawful for any person, knowingly or with reckless disregard for the safety of another, to discharge or attempt to discharge a firearm that has moved in or that otherwise affects interstate or foreign commerce at a place that the person knows is a school zone. (B) Subparagraph (A) does not apply to the discharge of a firearm—
(i) on private property not part of school grounds;
(ii) as part of a program approved by a school in the school zone, by an individual who is participating in the program;
(iii) by an individual in accordance with a contract entered into between a school in a school zone and the individual or an employer of the individual; or
(iv) by a law enforcement officer acting in his or her official capacity.
(4) Nothing in this subsection shall be construed as preempting or preventing a State or local government from enacting a statute establishing gun free school zones as provided in this subsection.
Section B(ii) exempts CHL holders carrying handguns. As it has been explained to me that exemption does not extend to long guns as the state only licenses you to carry a handgun. Thus to possess a shotgun on school property you would need to fall under a different exemption such as B(iii) which requires the gun be not loaded and locked in a container or gun rack.

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