TexasCHLforum.com

Keith B wrote:

Fedaykin wrote:I called the District Attorney's office and spoke to two investigators, both of which said their OPINION was that the signs are valid and you may not drive your vehicle into the parking lot. He himself said the law was hokey, but in its current form you're going to get arrested.

Just get yourself into a fender bender in the school parking lot and then get ID'd by the cop directing school traffic and we'll all find out once and for all if it's truly enforceable. Until then, these are just words on a computer screen.

Texas DPS website states that the passenger compartment of your vehicle is 'on or about' your person and you are carrying in your vehicle even if in the glove box.

30.06 states 'property', not 'premises'. The parking lot is 'property'.

Do I agree? No. Does the law need to be rewritten to make this perfectly clear one way or another.

CLEARLY it does.

Please provide the investigators names and I will make an Open Records request with the office asking them to provide their interpretation of this in writing and that it would not be a 1983 Civil Rights violation if they make an arrest illegally. The signs are NOT valid and I will make sure the DA's office get this cleared up if I have to get an opinion from the AG.

dicion wrote:Oh, I agree completely. I'm just citing the letter of the law, and how rediculous and convoluted it is sometimes XD

You have to have a CHL in order to legally drive past a sign that says 'No CHL Carry'... XD

dicion wrote:

sjfcontrol wrote: (Note the addition to my post above)
For a PUBLIC school, the 30.06 is unenforceable, so it doesn't matter if you want to consider a gun in your car as CHL or MPA.
For a posted private parking lot, it depends on whether you believe that a CHL holder is "always" carrying under his CHL. I believe Charles as opined that in situations where CHL is not needed (i.e. MPA) you are not carrying under it's authority.

This is correct, for a public school, government owned, 30.06 goes right out the window square one, due to subsection (e).
However, you still need to have a CHL. See below.

For a private school, you can drive past a 30.06 sign with your gun in the car, but only if you have a CHL. Let me explain.

The 30.06 Sign only applies if you are carrying under the authority of CHL under Texas law. As you are not when you are driving (CHL is an exception to 46.02, its not illegal under 46.02, no exception needed, you are simply carrying legally), the 30.06 sign does not apply to you. We've already covered this.

However, you still need to be a licensed CHL holder in order to get the FEDERAL exemption under the GFSZ Act. You only need to be licensed, not actively carrying under it's authority

So if you drive past a 30.06 in a school parking lot, with a gun in your car, and you do NOT have a CHL, you are NOT violating 30.06, heck, you're not even violating Texas law at all. What you are violating is federal law.

Clear as mud, right?

SQLGeek wrote:

sjfcontrol wrote:

doc.lonestar wrote:Folks I want to just step up and openly admit that I was incorrect with the statement I made in regards to this topic.

Apparently I was given some incorrect information and I would just like to clarify after speaking with a rep at the office. After an indepth conversation on what I was taught vs what is correct I have come to the conclusion that what I was taught, in regards to this particular circumstance, was incorrect.

1 - The CHL holder can pass the 30.06 sign posted at the entrance of the school parking lot. Will only be in violation if you exit the car carrying.

2 - CHL holder does not have to leave because a school function showed up. The showing up of school field trip does not change the place into a school function.


In my defense - not an excuse because I should have used the common sense test here - these two very specific things were brought up in class and tested across the board. The answer came back from our resource(s) that my answers given were correct - I take very good notes.

Thanks again for the clarification folks.

Note that #1 only applies if it's a PUBLIC school. Private schools can post whatever/wherever they want.

But does 30.06 apply to having a gun in the car? I was under the impression with a posted parking lot, you could stay in the car but couldn't get out with it on you.

doc.lonestar wrote:Folks I want to just step up and openly admit that I was incorrect with the statement I made in regards to this topic.

Apparently I was given some incorrect information and I would just like to clarify after speaking with a rep at the office. After an indepth conversation on what I was taught vs what is correct I have come to the conclusion that what I was taught, in regards to this particular circumstance, was incorrect.

1 - The CHL holder can pass the 30.06 sign posted at the entrance of the school parking lot. Will only be in violation if you exit the car carrying.

2 - CHL holder does not have to leave because a school function showed up. The showing up of school field trip does not change the place into a school function.


In my defense - not an excuse because I should have used the common sense test here - these two very specific things were brought up in class and tested across the board. The answer came back from our resource(s) that my answers given were correct - I take very good notes.

Thanks again for the clarification folks.