Friend moved into a school zone...???

[age_ranger]

And here it is........at the parking lot entrance. Sorry, bad pic (moving and a camera phone)

[killerquad]

I was under the impression that you couldnt carry on school "premises" and that premises does not include parking lots or outside hallways and walkways.

[Charles L. Cotton]

I was under the impression that you couldnt carry on school "premises" and that premises does not include parking lots or outside hallways and walkways.

That's correct.

Chas.

[Replaced Texan]

What about 'Gun Free, Drug Free' School zones? It is my understanding that these are completely off limits to CHL including driving past on the street. I also understand there is a case in Houston in which a person was observed transporting a rifle case from his automobile to his home located within the prescribed distance from a 'Gun Free, Drug Free' school zone.

[txinvestigator]

What about 'Gun Free, Drug Free' School zones? It is my understanding that these are completely off limits to CHL including driving past on the street.

Nope. Read the 4th post in this thread.

[Replaced Texan]

I read post four. I also read this:

PC §46.11. PENALTY IF OFFENSE COMMITTED WITHIN
WEAPON-FREE SCHOOL ZONE. (a) Except as provided by Subsection
(b), the punishment prescribed for an offense under this chapter
is increased to the punishment prescribed for the next highest
category of offense if it is shown beyond a reasonable doubt on the trial
of the offense that the actor committed the offense in a place that
the actor knew was:
(1) within 300 feet of the premises of a school; or
(2) on premises where:
(A) an official school function is taking place; or
(B) an event sponsored or sanctioned by the University Interscholastic
League is taking place.
(b) This section does not apply to an offense under Section
46.03(a)(1).
(c) In this section, "institution of higher education," "premises," and
"school" have the meanings assigned by Section 481.134, Health and
Safety Code.

And this:

PC §46.03. 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;

To me these are two separate issues. One is your 'normal' premises of a school (building or any portion of a building i.e., covered walkway, recessed entry, etc.) and the other applies to a 'Weapon Free School Zone' and the distance is now 300 feet from the premises of a school. What is your take on this?

[Crossfire]

Subparagraph (A) shall not apply to the possession of a firearm--

`(i) on private property not part of school grounds;

`(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 obtain 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;

What part of that are you not understanding?
"Shall not apply"... "if the individual possessing the firearm is licensed"
Looks clearly to me that your Texas CHL covers you... well, unless you go to school zones outside of Texas.

[txinvestigator]

I read post four. I also read this:

PC §46.11. PENALTY IF OFFENSE COMMITTED WITHIN
WEAPON-FREE SCHOOL ZONE. (a) Except as provided by Subsection
(b), the punishment prescribed for an offense under this chapter
is increased to the punishment prescribed for the next highest
category of offense if it is shown beyond a reasonable doubt on the trial
of the offense that the actor committed the offense in a place that
the actor knew was:
(1) within 300 feet of the premises of a school; or
(2) on premises where:
(A) an official school function is taking place; or
(B) an event sponsored or sanctioned by the University Interscholastic
League is taking place.
(b) This section does not apply to an offense under Section
46.03(a)(1).
(c) In this section, "institution of higher education," "premises," and
"school" have the meanings assigned by Section 481.134, Health and
Safety Code.

And this:

PC §46.03. 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;

To me these are two separate issues. One is your 'normal' premises of a school (building or any portion of a building i.e., covered walkway, recessed entry, etc.) and the other applies to a 'Weapon Free School Zone' and the distance is now 300 feet from the premises of a school. What is your take on this?

Actually if you look at the title of 46.11 you see that it refers to Weapons OFFENSES committed within a school zone. The penalty is enhanced if you commit a weapons offense within a school zone.

If you have a CHL, you commit no offense unless you enter a building of a school. If you read further down 46.03 you will see this;



(c) In this section:

(1) "Premises" has the meaning assigned by Section 46.035.



46.035
(f) In this section:


(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.

An armed CHL holder can be in any public or private driveway, street,
sidewalk or walkway, parking lot, parking garage, or other parking
area of a school.

What it means is that if you commit a weapons offense within 300 feet of a school they can enhance the penalty. However, if you have a CHL you are not committing a weapons offense if you carry your handgun withing 300 feet of the school.

make sense?

[Replaced Texan]

I do have a CHL and I remain confused as I am still thinking it is an offense to have a weapon in the 'Weapon-Free' school zone. See, I'm thinking there are two different kinds of school zones here, one being 'Weapon-Free' and the other not being so designated. As I understand it, as long as the school zone is NOT designated as 'Weapon-Free' then a CHL person is bound by 46.03(a)(1). BUT, as I also understand the second part, if the school zone IS designated as 'Weapon-Free', then it IS a offense to HAVE a weapon within 300 feet of the premises of the school (CHL or not) as opposed to committing an offense WITH a weapon within the same defined school zone as outlined in 46.11. I am not trying to be a jerk here. I am trying to understand why it is written differently.

[txinvestigator]

Ias I also understand the second part, if the school zone IS designated as 'Weapon-Free', then it IS a offense to HAVE a weapon within 300 feet of the premises of the school (CHL or not) .

Nope.

ALL 46.11 does is enhance a weapons penalty. It DOES NOT establish a seperate offense.

[Jacob Staff]

What if you don't have a CHL? Are you legal to have a firearm within 1000 feet of a school? Are you legal to be in the parking lot of a school?

Wasn't the 1000 foot federal gun restriction ruled to be unconstitutional?

[robert_de_niro]

From what I understood, even if you were in the parking lot you would be legal. I can't find the exact code in the book, but I recall reading something about the "premesis" not includling sidewalks, parking lots, etc... is that not correct?

[switch]

What's confusing is there are two laws, a state law and a federal law.

TX is right, the STATE law is 300 feet and 'only' enhances the penalty if you commit another offense. It does not prohibit carrying in a parkinglot, playground, or exterior walkway.

The federal law used to be 1500 ft was ruled unconstitutional in Lopez. However, congress said the constitution allows us to regulate interstate commerce, guns/gun parts/ammo is shipped interstate, we can regulate them and we create a 1000 foot gun free zone. However, if you read the law, sub-paragraph (q) exempts CHL's from said law (it does not protect your deer rifle or duck gun, only your pistol )

Hope this helps.

[deadeyearcher]

I read on some website, I don't remember where, a letter from the ATF that you are only exempt in the state that issued your permit.

[Derf00]

It does not prohibit carrying in a parkinglot, playground, or exterior walkway.

I disagree with you that you can carry on a "playground." 46.03 (1)

(1) on the physical premises of a school or educational institution,
any grounds or building on which an activity sponsored by a school or