School Employees and the parking lot law

[Keith B]

Thanks Keith, but the law notwithstanding, the employee (me) would be challenging their system, and I'm not sure I'm ready to go there.

The TSRA wants to know about employers who are not following the law and still prohibit employees from legally possessing a firearm in their vehicle. I would suggest you contact them with details.

What about the Gun free zone act of 1990, would that federal law be enforceable in Texas?

GFSZA is for K-12 only and does not apply to those with a resident state CHL if your state allows carry on school property with a license.

[Aggie_engr]

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."

[Keith B]

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."

I believe it would cover anyone that has a CHL. It does not seem to cover those without a CHL though, so those students could have issues if I am interpreting it correctly.

[oohrah]

Thanks again for the opinion, Keith. I am going to follow up on this.

[oohrah]

Turns out I was mis-informed. As of the 2011 law ( 52.061), my school's policy is now "employees who hold valid concealed handgun licenses may store a concealed firearm in a locked, privately owned motor vehicle parked in a (school) parking lot or parking garage."

[Keith B]

Turns out I was mis-informed. As of the 2011 law ( 52.061), my school's policy is now "employees who hold valid concealed handgun licenses may store a concealed firearm in a locked, privately owned motor vehicle parked in a (school) parking lot or parking garage."

[RogueUSMC]

As G.I. Joe would say, "knowing is half the battle"...lol

[jmra]

Old thread. Im still uncertain after reading this through.

My s.o. is a teacher can she have a firearm in her vehicle while at school? She does not have a chl yet.

If no CHL would be in violation of GFSZA (federal law prohibiting guns within 1000' of a school).
With a CHL would be legal but depending on employee handbook could be fired.

[tarkus]

Old thread. Im still uncertain after reading this through.

My s.o. is a teacher can she have a firearm in her vehicle while at school? She does not have a chl yet.

That violates federal law and the school district can fire her if they find out.

Once she gets her CHL, it's legal in her vehicle but the school district can fire her if they find out.