HELP-Can I carry in school parking lot without CHL?

[SpringfieldXD9]

I've been searching the forum tonight for a clear answer on this and haven't been able to find a black and white answer, so I pose it to you fine folks.

I'm in the process if getting my CHL, and while my wife took the class, too, she won't be applying until beginning of next year. However, we would still like to keep a revolver in her car per the TX law that allows it w/out needing a permit. Sometimes her job requires her to be at a public school, though, which means she's using the school parking lot. So, would she be allowed to keep the gun in her car per the law and park in school parking lot while not being a CHL holder?

It seems the statutes are clear regarding CHL holders and public school parking lots, but I haven't seen any explicit discussion on justifying such an action based solely on the justification of the "traveling" law (as it used to be called) so to speak.

Anyone?

[A-R]

Prohibition on possessing gun in a school parking lot without CHL is a Federal law

http://en.wikipedia.org/wiki/Gun-Free_S ... ct_of_1990" onclick="window.open(this.href);return false;

Who would actually enforce this law IF the presence of the concealed gun in your wife's vehicle was ever detected? I dunno.

[SpringfieldXD9]

Thanks, A-R. So what I'm gathering is that the MPA does NOT apply to public school parking lots. If that's what you're saying, that's a little confusing to me -- I thought local/state law could supersede federal law in these instances (i.e. local CHL laws supersede the federal GFSZA law).

So then my question is.....why not in the case of the MPA?

Thanks for helping me work this out. If anyone else has thoughts, questions, or perspective I'd love to hear it.

[Teamless]

A-R is spot on.
With MPA, you are, breaking federal law having a weapon in your vehicle when you are within 1000 feet of a school.
Nothing else to say on the matter, it is the law.

[Dave2]

Thanks, A-R. So what I'm gathering is that the MPA does NOT apply to public school parking lots. If that's what you're saying, that's a little confusing to me -- I thought local/state law could supersede federal law in these instances (i.e. local CHL laws supersede the federal GFSZA law).

So then my question is.....why not in the case of the MPA?

Thanks for helping me work this out. If anyone else has thoughts, questions, or perspective I'd love to hear it.

State and local laws cannot supersede federal laws... The GFSZ law has an exemption for people who've been licensed by the state.

[tbrown]

State and local laws cannot supersede federal laws...

The 9th and 10th amendments are effectively dead.