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by Aggie_engr
Fri Jun 14, 2013 10:29 am
Forum: New to CHL?
Topic: School Employees and the parking lot law
Replies: 39
Views: 10162

Re: School Employees and the parking lot law

Keith B wrote:
nobius wrote:What if you're a college employee? Can they prevent you from keeping your gun in your car?
Well, I don't believe that the parking lot exception would be enforceable by a college or university. Here is the exception in the code:
.....
Sec. 52.062. EXCEPTIONS. (a) Section 52.061 does not:
(1) authorize a person who holds a license to carry a concealed handgun under Subchapter H, Chapter 411, Government Code, who otherwise lawfully possesses a firearm, or who lawfully possesses ammunition to possess a firearm or ammunition on any property where the possession of a firearm or ammunition is prohibited by state or federal law; or
(2) apply to:
(A) a vehicle owned or leased by a public or private employer and used by an employee in the course and scope of the employee's employment, unless the employee is required to transport or store a firearm in the official discharge of the employee's duties;
(B) a school district;
(C) an open-enrollment charter school, as defined by Section 5.001, Education Code;
(D) a private school, as defined by Section 22.081, Education Code;
.....
I don't believe universities are defined as school districts in the education code. And 22.081 Education Code for private school clearly defines those as K-12. SO, I believe that a university would not be allowed to prohibit an employee from keeping a gun in their vehicle per the exception in the law.

This is not legal advice, just my layman's interpretation of the law and codes.
Keith,

Would the new law that goes into effect Sept 1st (SB1907) specifically protect anyone that parks their vehicle on the campus of an institution of higher education by prohibiting the institution from enforcing any rule, regulation including posting the parking lot with 30.06? The law specifies any person, including students enrolled at said insitution are protected. It would seem that faculty and staff would be included in that.

  "...independent institution of higher education in this state may not
  adopt or enforce any rule, regulation, or other provision or take
  any other action, including posting notice under Section 30.06,
  Penal Code, prohibiting or placing restrictions on the storage or
  transportation of a firearm or ammunition in a locked, privately
  owned or leased motor vehicle by a person, including a student
  enrolled at that institution, who holds a license to carry a
  concealed handgun
under this subchapter and lawfully possesses the
  firearm or ammunition:
               (1)  on a street or driveway located on the campus of
  the institution; or
               (2)  in a parking lot, parking garage, or other parking
  area located on the campus of the institution.
         SECTION 2.  This Act takes effect September 1, 2013."

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