Carrying in School zones

[jazr45acp]

I understand that if you have a CHL you can legally carry while dropping off your kids at school, but what if you don't have a CHL? Does having a gun in your vehicle illegal? Thanks in advance.

[seamusTX]

It is legal under Texas law for a person who does not have a CHL to have a concealed handgun or long gun in a vehicle on school grounds.

A federal law makes it illegal for a person who does not have a CHL to have a loaded firearm within 1,000 feet of school property. This law is rarely enforced, and only against real criminals who have committed multiple offenses.

This law is very controversial. Search the web for "gun free school zone." You can spend hours reading about it.

- Jim

[Abraham]

seamusTX,

I'm confused.

With the Sept 1st passage of the "Castle Doctrine" allowing loaded and concealed firearms in ones vehicle it's even more confusing.

Can you elaborate?

[seamusTX]

Abraham, I'm not sure what you're confused about.

It has always been completely legal to have a long gun in a vehicle under Texas law, except in the places weapons are prohibited in Penal Code 46.03. School grounds are not on that list.

A change to the education code in 2007 makes it an offense to display a weapon in an alarming manner on school grounds. Given that "alarming" is subjective, I would keep a long gun concealed there.

With the change to PC 46.02 in 2007, it is legal for the owner or driver of a vehicle to have a concealed handgun in the vehicle, again, except in the places weapons are prohibited in Penal Code 46.03.

Federal law makes it illegal to have a loaded weapon within 1,000 feet of school grounds, unless you have a CHL from the state that you are in, and a few other narrow circumstances. This law is completely unreasonable. You could violate it by driving on an interstate 1,000 feet from a school.

As I wrote earlier, the federal law is rarely prosecuted, because the U.S. Department of Justice knows that it would be struck down on appeal.

- Jim

[Mike1951]

Just to add to that, the Castle Doctrine is entirely different.

9.31 SELF-DEFENSE and 9.32 DEADLY FORCE IN DEFENSE OF PERSON were rewritten to remove any duty to retreat.

[xbrotherx]

What about when school is out (weekends, holidays, spring break) and I want to take my kids to the local elementary school playground and I of course want to carry? What's the law there? Is it as blatant as I think it is...no guns on school period, or is it ok when school is not in session, I am a law-abiding citizen just hanging out with my kids on the playground?

[seamusTX]

If you have a CHL you can carry on school grounds any time unless a school-sponsored event is in progress. "Activity sponsored by a school is not defined in the law." Everyone needs to decide for himself what it means.

If you do not have a CHL, in my opinion, you can have a concealed weapon in a vehicle on school grounds. I am not a lawyer.

A person without a CHL cannot carry legally carry a handgun except on his property or in a vehicle that he owns or controls, and a few other circumstances that would not apply in this case.

It's not generally illegal to carry a long gun, but doing so on school grounds would be a bad idea.

- Jim

[shootthesheet]

A problem will only come up if the non-CHL has to use the weapon or someone spots it. I would carry in my car there with or without a CHL. If my doing so stops a mad man then I would risk local L.E. arresting me. That is just my opinion and I would never suggest anyone break the law for any reason.

[asleepatthereel]

So according to Federal law, if my house is within 1000 feet of a school, I cant have a loaded weapon in it until my plastic gets here? Sounds like another stupid feel good law to me. Im glad they are spending my tax money on important laws like this one, and investigating baseball players. Makes me feel all warm and fuzzy.

If term limits are good for presidents, Why do we have bloated windbags like kennedy in congress?

[seamusTX]

So according to Federal law, if my house is within 1000 feet of a school, I cant have a loaded weapon in it until my plastic gets here?

There's an exception for your home and a few other things. Search the web for "gun free school zone." This travesty has been around in one form or another since 1990.

- Jim

[45 4 life]

I am probably going to get hammered for this but I am going to throw it out here anyway.

Over the years I have often asked myself about the legalities of carrying, and/or possessing firearms in certain areas and conditions. I have finally started looking at these in this manner. First I consider that most laws regardless of how much sense they make are written to protect the innocent and punish the guilty. In other words they are there to try and prevent the BG's from committing crimes against the good guys. An example of how this has worked for me is that in the 70's I was employeed in a managment role by a large drug store/pharmacy chain. I was working at a location in south Dallas at the time and was required to meet LEO's at the store during the night when alarms would trip. I got in the habit of carrying my little 32 auto loader in my back pocket along with our doberman in the car with me during these nightime adventures. Once I happened to exit the car without removing the pistol and as I was unlocking the door one of the LEO's asked, "what is that in your pocket" at which I relpied protection. After giving this some thought his only comment was, I guess I can't blame you for that. Nothing else was mentioned.

During my time as an LEO latter in life, I found that I was less concerned with little things that were being done by good people. Do not get me wrong I was very careful and did my diligence when working but when plates and license came back clean I would not push the small stuff. Most NOT ALL LEO's are like this. If you want proof take a look at reports from CHL holders and LEO's during traffic stops. If I were currently working the road I think I would enjoy seeing that CHL along with the DL. I would know that there was little chance I had a BG after seeing the CHL.

So remember this, if you are ever caught on that thin line of is it legal or illegal, you are the good guy. Act like it, be nice, show your permit, be confident. Do not indicate that you may be wrong. I have seen this so do not laugh, it is like making a u-turn and getting stopped. Some driver's first words are "I thought it was legal" do not doubt what you have done, that will cause the LEO who may not be sure to assume doubt as well. Again I will use the phrase Most NOT ALL LEO's are going to be reasonable. If questions come up keep cool and discuss your enterputation of the laws and here theirs, chances are most of this type of confirtation will go your way. If the LEO says something like, well I am not sure you should probably leave, my response would be. I am going to research this and would like you to get clarification from the department as well, when can we meet and get a resolution. You will be surprised at how easily you can start communication such as this with your local department. Again MOST NOT ALL LEO's are interested in meeting and knowing the more upstanding citizens that they have in the area. Having a CHL does place you in that category. If I were still out there on the streets I would sure like to know who was legally armed for more reasons than one. You have passed the background check and believe me that is not has easy as some may think in this day and age.

Always remember you are the good guy.

[seamusTX]

I agree. A confident attitude will get you a long way.

Criminals are often detected because they radiate guilt. They look around nervously, sweat, lick their lips, adopt a defensive posture, etc.

- Jim