Everything is legal unless the law defines it as a crime.
The Texas Penal Code is here:
http://www.statutes.legis.state.tx.us/S ... /PE.46.htm" onclick="window.open(this.href);return false;
Section 46.03 of the Penal Code defines places weapons prohibited:
(a) A person commits an offense if the person intentionally, knowingly, or recklessly possesses or goes with a firearm, illegal knife, club, or prohibited weapon listed in Section 46.05(a):
(1) on the physical premises of a school or educational institution, any grounds or building on which an activity sponsored by a school or educational institution is being conducted, or a passenger transportation vehicle of a school or educational institution, whether the school or educational institution is public or private, unless pursuant to written regulations or written authorization of the institution;
c) In this section:
(1) "Premises" has the meaning assigned by Section 46.035.
Then we look at PC 46.035(a):
(3) "Premises" means a building or a portion of a building. The term does not include any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area.
It does not seem to matter whether you have a CHL or not as far as keeping a handgun in your car.
However, this is a fairly new law. Many cops may be unaware of it; and if they should find that you have a firearm, you may be arrested. It might cost you some money to get the charges dropped.
I am not a lawyer and this should not be considered legal advice.
This is bizarre: The earlier post that gave the law was not there when I posted. Otherwise I would not have bothered.
- Jim
). Point the first: while almost all the examples I have found WRT to prosecutions of the most recent GFSZA are indeed as part of prosecution of greater crimes (e.g. drug dealing), I do not believe that means it would never be prosecuted against someone's whose gun possession came to police notice in a less criminal way -- say a teacher or parent who parked in a high school parking lot who got ratted out by someone unhappy with them (and the teacher or parent does not have a CHL or other GFSZA exception). It would depend on how interested the police and the federal jurisdiction are in making an example. It is not a risk I would run lightly.