school grounds question

[whitewolfz30]

I know this has been beat to death in various topics and at all levels, but I am confused about a specific issue...

Here on the forum, it has been said that schools are prohibited, but on the premises, which is the building only. But below it the code says "premises" AND "grounds" in the same section. So, wouldn't the "grounds" cover the parking lot, even thopugh Texas has the MPA. I ask because often I pick my kids up at school, and I have my gun. I never get out of the car with my gun, but when I have been inside the school, they have a sign talking about Texas Penal Code and no weapons or firearms on the school grounds period. There little warning sign actually says "grounds or buildings".

Just trying to clarify where the info comes from that school parking lots are okay, and not just in the building since below it says "grounds".

Wouldn't "activity sponsored by a school" be a normal day at school?



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;

[jmra]

Grounds in this instance would be a football field or a soccer field (during an event), not the side walk. On a sidebar, MPA does not cover a non-CHL driving on a school parking lot. Without CHL you can not come within 1000 feet of a school with a firearm. (Unless something has changed recently).

[Teamless]

football field or a soccer field

Or even the Houston Museum (or any other 'field trip' type location) if you are there in affiliation with a school function
If you are at a local school's football field for a football game of NON-SCHOOL Related, you can carry on the field, just don't ask to use the bathroom that is inside the door of the building

[JJVP]

I ask because often I pick my kids up at school, and I have my gun. I never get out of the car with my gun, but when I have been inside the school, they have a sign talking about Texas Penal Code and no weapons or firearms on the school grounds period. There little warning sign actually says "grounds or buildings".

Just trying to clarify where the info comes from that school parking lots are okay, and not just in the building since below it says "grounds".

;

I assume you have a CHL, correct? If not, then having a gun in your car while picking your kids, you are in violation of the GFSZ, which is a federal law.

[RoyGBiv]

"any grounds or building on which an activity sponsored by a school or educational institution is being conducted"

The way I read this is.... if the kids are outside playing soccer during recess, the soccer field is off limits because a school activity is currently taking place. If there are kids on the field after school or on Saturday, and it's not a "school sponsored activity", it's ok for a CHL to carry there.

IIRC, I recall seeing comments from some of this sites legal eagles that for places such as the Fort Worth Zoo, it's not possible for a CHL to have advance knowledge of things like school field trips to the zoo and as such if you are in the park with your CHL, you would not be in violation of 46.03.

I am not a lawyer... This is not legal advice.. This is only my opinion.

[whitewolfz30]

I assume you have a CHL, correct? If not, then having a gun in your car while picking your kids, you are in violation of the GFSZ, which is a federal law.

Yes, my wife and I both have our CHL. The reason I asked this was because I went to pick up my daughter the other day at school for a doctor appt. While waiting for my daughter to come to the office, I was in the hallway reading the various signs and posters and came across "their version" of what was illegal to have in their building AND on school grounds (weapons related). That got me to looking through the penal code again. I guess my thought was that knowing this school the way I do, I could totally see them trying to have you arrested for being in their parking lot with a gun if they knew you had it. I know concealed means concealed, but I just wanted to ask the question because I can see how they (the school) would "perceive" the law to mean the parking lot since that is "school grounds".

[G26ster]

Grounds in this instance would be a football field or a soccer field (during an event), not the side walk. On a sidebar, MPA does not cover a non-CHL driving on a school parking lot. Without CHL you can not come within 1000 feet of a school with a firearm. (Unless something has changed recently).

It is important to note that your CHL must be issued by the state in which the school zone is located. IOW, if you have an out of state issued CHL, even though Texas may have reciprocity with that state, you are not exempt under federal law.

I am not a lawyer, and this is not legal advice.

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

[JJVP]

I assume you have a CHL, correct? If not, then having a gun in your car while picking your kids, you are in violation of the GFSZ, which is a federal law.

Yes, my wife and I both have our CHL. The reason I asked this was because I went to pick up my daughter the other day at school for a doctor appt. While waiting for my daughter to come to the office, I was in the hallway reading the various signs and posters and came across "their version" of what was illegal to have in their building AND on school grounds (weapons related). That got me to looking through the penal code again. I guess my thought was that knowing this school the way I do, I could totally see them trying to have you arrested for being in their parking lot with a gun if they knew you had it. I know concealed means concealed, but I just wanted to ask the question because I can see how they (the school) would "perceive" the law to mean the parking lot since that is "school grounds".

I go by what the law says and ignore what their sign says. However, that does not mean that they could not call the cops and have you arrested if they find you have a gun in your car. Based on the law you should beat the rap, but you still might take the ride unless the cop knows the law. Again, concealed means concealed. MHO but IANAL.

[RoyGBiv]

I was in the hallway reading the various signs and posters and came across "their version" of what was illegal to have in their building AND on school grounds (weapons related).

If that is a private school, and they posted a compliant 30.06 sign, you'd better obey it on both the "premises" and on the "grounds" at all times, if the grounds are also posted....

IMO, IANAL.

[Kythas]

It is important to note that your CHL must be issued by the state in which the school zone is located. IOW, if you have an out of state issued CHL, even though Texas may have reciprocity with that state, you are not exempt under federal law.

I am not a lawyer, and this is not legal advice.

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

You are correct. Even though Texas may have reciprocity with Oklahoma, if you're carrying within 1,000 feet of a school in Oklahoma then you're in violation of the GFSZA unless you also have an Oklahoma CHL.

[G26ster]

It is important to note that your CHL must be issued by the state in which the school zone is located. IOW, if you have an out of state issued CHL, even though Texas may have reciprocity with that state, you are not exempt under federal law.

I am not a lawyer, and this is not legal advice.

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

You are correct. Even though Texas may have reciprocity with Oklahoma, if you're carrying within 1,000 feet of a school in Oklahoma then you're in violation of the GFSZA unless you also have an Oklahoma CHL.

Yes, and it also means if you have a CHL from a state recognized by Texas, but no Texas CHL, you are in violation of the GFSZA in Texas.

[Stumpjumper]

It is important to note that your CHL must be issued by the state in which the school zone is located. IOW, if you have an out of state issued CHL, even though Texas may have reciprocity with that state, you are not exempt under federal law.

I am not a lawyer, and this is not legal advice.

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

Just for discussions sake, what would happen if you are traveling through a state (armed and with a valid CHL from a recipricol state) and as you are driving you enter a school zone, get pulled over by the police. Have you violated the GFZSA because you traveled by the school within the the 1000' buffer area?

[seeker_two]

Question: How are "they" going to find out if you have a gun in your car or not?.....

[bizarrenormality]

Question: How are "they" going to find out if you have a gun in your car or not?.....

At the risk of stating the obvious, the same way they find out there's one under your clothing in a college classroom or when voting.

[jeffrw]

Just for discussions sake, what would happen if you are traveling through a state (armed and with a valid CHL from a recipricol state) and as you are driving you enter a school zone, get pulled over by the police. Have you violated the GFZSA because you traveled by the school within the the 1000' buffer area?

Yes, I believe so. And when you think about how virtually impossible it would be to avoid all school zones on any trip of substantial length, it becomes clear just how absurd this law is.

IANAL, but my understanding is that thankfully, local law enforcement is generally not interested in enforcing the GFSZA on people who are obviously just passing through and going about their business. I think the main purpose is to crack down harder on those committing crimes near a school while armed. Still, if the cop is having a bad day or just wants to be a jerk, the possibility exists that you could be charged.

I would be in favor of just repealing the act and letting each state set its own laws. If not, it would be good to amend it to clarify that (1) reciprocal CHLs are okay, and (2) public roadways are exempted for motorists passing through.