the actual law for...

[TexasComputerDude]

hey yall

I've been looking for a law to show to the local PD to prove that I am allowed to store my firearm in my vehicle while in the campus parking lot.
Could someone post the actual law so that I can take it to them to ask if I'm allowed?

Can anyone think of any good ways that I can go about this. I called once before and they told me I couldn't even have pepper spray in my car.

edit: I've been looking in the texas law handbook but can't find it

[DoubleJ]

I don't know about anyone else, but I wouldn't say a word about it to anyone. How would the campus cops know you had it?

as an aside, the actual law has something to do with off-limits places and it says the premises of a school, and then defines promises as the building (yadda yadda). look in chapter 9 of the penal code. handgunlaw.us might be a good reference point, too.

[TexasComputerDude]

well I don't want to jeopardize my college career. I'm almost done and want things to go smoothly.

I just wanted something I could print out to keep with me or show them.

[will381796]

I just wanted something I could print out to keep with me or show them.

Bad idea. No cop wants someone to be waving a piece of paper in front of them telling them the law.

You will be legal. If you get hassle from the cops, it would be thrown out in court.

Whether you would be in violation of your university's student policies is a totally different subject. You might be legally fine, but it wouldn't stop the school from kicking you out if their student policies forbid weapons, even if left in the student's car.

[hheremtp]

hey yall

I've been looking for a law to show to the local PD to prove that I am allowed to store my firearm in my vehicle while in the campus parking lot.
Could someone post the actual law so that I can take it to them to ask if I'm allowed?

Can anyone think of any good ways that I can go about this. I called once before and they told me I couldn't even have pepper spray in my car.

edit: I've been looking in the texas law handbook but can't find it

PC w6.03. 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;
(2) on the premises of a polling place on the day of an election or
while early voting is in progress;
(3) on the premises of any government court or offices utilized by
the court, unless pursuant to written regulations or written authorization
of the court;
(4) on the premises of a racetrack; or
(5) in or into a secured area of an airport.
(6) within 1,000 feet of premises the location of which is designated
by the Texas Department of Criminal Justice as a place of
execution under Article 43.19, Code of Criminal Procedure, on a day
that a sentence of death is set to be imposed on the designated
premises and the person received notice that:
(A) going within 1,000 feet of the premises with a weapon listed
under this subsection was prohibited; or
(B) possessing a weapon listed under this subsection within
1,000 feet of the premises was prohibited.
(b) It is a defense to prosecution under Subsections (a)(l)-(4) that
the actor possessed a firearm while in the actual discharge of his official
duties as a member of the armed forces or national guard or a
guard employed by a penal institution, or an officer of the court.
(c) In this section:
(1) "Premises" has the meaning assigned by Section 46.035.

Now lets look at TPC 46.035 under deffinitions:

PC w6.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE
HOLDER. (a) A license holder commits an offense if the license
holder carries a handgun on or about the license holdets person
under the authority of Subchapter H, Chapter 411, Government Code,
and intentionally fails to conceal the handgun.
(b) A license holder commits an offense if the license holder intentionally,
knowingly, or recklessly carries a handgun under the authority
of Subchapter H. Chapter 411, Government Code, regardless of
whether the handgun is concealed, on or about the license holder's
person:
(1) on the premises of a business that has a permit or license issued
under Chapter 25,28,32,69, or 74, Alcoholic Beverage Code, if
the business derives 51 percent or more of its income from the sale or
service of alcoholic beverages for on-premises consumption, as deter
mined by the Texas Alcoholic Beverage Commission under Section
104.06, Alcoholic Beverage Code;
(2) on the premises where a high school, collegiate, or professional
sporting event or interscholastic event is taking place, unless
the license holder is a participant in the event and a handgun is used
in the event;
(3) on the premises of a correctional facility;
(4) on the premises of a,hospital licensed under Chapter 241.
Health and Safety Code, or on the premises of a nursing home licensed
under Chapter 242, Health and Safety Code, unless the license
holder has written authorization of the hospital or nursing home
administration, as appropriate;
(5) in an amusement park; or
(6) on the premises of a church, synagogue, or other established
place of religious worship.
(c) A license holder commits an offense if the license holder intentionally,
knowingly, or recklessly carries a handgun under the authority
of Subchapter H. Chapter 411, Government Code, regardless of
,whether the handgun is concealed, at any meeting of a governmental
entity.
(d) A license holder commits an offense if, while intoxicated, the
license holder carries a handgun under the authority of Subchapter H,
Chapter 411, Government Code, regardless of whether the handgun is
concealed.
(e) A license holder who is licensed as a security officer under
Chapter 1702. Occupations Code, and employed as a security officer
commits an offense if, while in the course and scope of the security
officer's employment, the security officer violates a provision of
Subchapter H, Chapter 411, Government Code.
(9 In this section:
(1) "Amusement park" means a permanent indoor or outdoor
facility or park where amusement rides are available for use by the
public that is located in a county with a population of more than one
million, encompasses at least 75 acres in surface area, is enclosed
with access only through controlled entries, is open for operation more
than 120 days in each calendar year, and has security guards on the
premises at all times. The term does not include any public or private
driveway, street, sidewalk or walkway, parking lot, parking garage, or
other parking area.
(2) "License holder means a person licensed to carry a handgun
under Subchapter H, Chapter 411, Government Code.
(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.(g) An offense under Subsection (a), (b), (c), (d), or (e) is a Class A
misdemeanor, unless the offense ,is committed under Subsection
(b)(l) or (b)(3), in which event the offense is a felony of the third
degree.
(h) It is a defense to prosecution under Subsection (a) that the
actor, at the time of the commission of the offense, displayed the

there is the law, show your local PD and let them choke on it.

[pedalman]

The problem is not whether it is legal for you to keep your sidearm locked in your vehicle in the campus parking lot. The problem is whether your school's Student Handbook permits it or not.

I work for a community college. I can't be arrested for parking on their parking lot with my sidearm locked in my vehicle. College policy says that I could be fired for doing this. So I park on the street. I am hoping that SB730 is passed, so I can't be threatened with termination.

I'm willing to bet that your Student Handbook says that if you carry a handgun on the premises (legally or not), you may be expelled.

As an aside, a lot of college/university administrations forget that campus police departments are there to enforce the law, and NOT to serve as a private goon squad to intimidate staff and students. The school can't use campus police to arrest you for something that is not a crime, but they can tell the officers that you are no longer welcome on campus. Then it would be trespassing charges against you, and campus police could then arrest you if you showed up again.

[seamusTX]

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

[TexasComputerDude]

nice, thanks alot!

now I have to go track down a copy of the student handbook.

[hheremtp]

There is a catch 22 however, do you know when every school sponsored event happens on that campus, if you get caught on the grounds (ie including the parking lot) of the college while a school sponsored event is going on it will not be a good day for you.

[DoubleJ]

not breaking the law wouldn't jeopardize your college career. now, University rules are a different thing. but they aren't law...

[Hi Plainsman]

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.

- Jim

Doesn't the Federal Gun Free Zone require you to be licensed by your state?

Title 18 U.S.C. ss 922 (q) (2) (B) (ii) states that the GFZ does not apply if a state allows provisions to licensed persons.

(2)(A) It shall be unlawful for any individual knowingly to
possess a firearm that has moved in or that otherwise affects
interstate or foreign commerce at a place that the individual
knows, or has reasonable cause to believe, is a school zone.
(B) Subparagraph (A) does not apply to the possession of a
firearm -

(ii) if the individual possessing the firearm is licensed to do
so by the State in which the school zone is located or a
political subdivision of the State, and the law of the State or
political subdivision requires that, before an individual obtains
such a license, the law enforcement authorities of the State or
political subdivision verify that the individual is qualified
under law to receive the license;


regardless of what the law states, you probably are violating school policy and potentially city ordinances.

Like Jim, I'm no attorney, so take this with a grain of salt. However, unlike State Senators Robert Duncan and Wentworth, I believe the common man can interpret the law just fine.

[seamusTX]

Doesn't the Federal Gun Free Zone require you to be licensed by your state?

It does. Otherwise the firearm must be unloaded and locked in a case or rack (both conditions are required).

However, that law is never prosecuted against anyone who is not committing some other crime, like assault or drug dealing. An earlier version of it was struck down by the U.S. Supreme Court, and it's quite likely that it would be struck down again if they tried to enforce it.

- Jim
P.S.: Edited to correct earlier incorrect statement.

[Hi Plainsman]

I was aware of the "unloaded" or locked/stored component of the statute.

I have a lockable compartment in my vehicle, do you believe this would be sufficient to meet this criteria?

[jorge]

Even if it's legal it might break school rules. If you're a visitor that's not a big deal, but they can fire teachers and kick out students for breaking the rules.

[seamusTX]

I have a lockable compartment in my vehicle, do you believe this would be sufficient to meet this criteria?

I think it would, but I am not a cop or lawyer.

I made an incorrect statement earlier: The weapon must be unloaded and locked up, not unloaded or locked up.

The only exception to the unloaded rule is for hunters who have permission from the school administration. That probably never has occurred.

- Jim