School Campus

[familyman]

I beleive Texas law is written to allow for the possession of a firearm by a CHL holder on a school campus as long as the weapon is safely stored in the parking lot of said campus upon exit of the vehicle. I have however been told differently, unofficially by a friend who is in LEO. I see the gun buster sign and the gun free zone sign, I beleive that these are to make the possession of firearms by non CHL people more serious than it already is. I often attend a school sponsored athletics event, however I always secure my weapon. In the event that I were to be asked for ID by the LEO working security, I feel it would in fact be best to present my DL and CHL even though I am not armed at that time.

[Charles L. Cotton]

Your LEO friend is mistaken and you are correct. Actually, as long as there is no school sponsored event ongoing, a CHL can have their pistol on them anywhere on school grounds so long as they don't go into buildings. Non-CHLs must leave the pistol in the car, not because of the prohibition on carrying on school premises (TPC §46.03(a)(1)), but because they would violate TPC §46.02 that prohibits carrying a handgun outside your home, business or car. (This post does not discuss the many exceptions, because they don't apply to this fact pattern.)

Chas.

[familyman]

Thanks for the clarification.

[barres]

Also remember that school sponsored athletic events, even if not held in a building, are off limits per PC §46.035.(b)(2). Charles, you're slipping, if you missed that . Edited to add:Oops, you did mention the no school sponsored event .

[KBCraig]

I often attend a school sponsored athletics event, however I always secure my weapon. In the event that I were to be asked for ID by the LEO working security, I feel it would in fact be best to present my DL and CHL even though I am not armed at that time.

You're correct on the legal question, but I'd change this particular tactic.

Unlike a traffic stop where the officer will be running your DL (and will learn of your CHL status), there is an extremely low chance of this happening in a face to face encounter. Infinitesimally low. So low that if he decides to call in your DL, you'll already be in a position --a security checkpoint-- that he already knows you're unarmed.

During a traffic stop while unarmed, I recommend CHLs present their license while informing the officer that they're not carrying. At a school athletic event, I can't imagine even being asked for ID, but if I were, I would only provide the DL.

(Actually, I wouldn't even provide the DL, since I'm not driving and no ID is required to walk in Texas, but that's just my contrarian/libertarian nature.)

Kevin

[CWOOD]

Your LEO friend is mistaken and you are correct. Actually, as long as there is no school sponsored event ongoing, a CHL can have their pistol on them anywhere on school grounds so long as they don't go into buildings. Non-CHLs must leave the pistol in the car, not because of the prohibition on carrying on school premises (TPC §46.03(a)(1)), but because they would violate TPC §46.02 that prohibits carrying a handgun outside your home, business or car. (This post does not discuss the many exceptions, because they don't apply to this fact pattern.)

Chas.

Just a question for clarification. Althought it is now legal to have a handgun in one's vehicle in Texas without a CHL, wouldn't the 1000' prohibition under the Federal Safe School law still preclude all but CHL's from carrying in a vehicle on/near school property? I would hope to be incorrect on this but I seem to recall that the prohibiton is only waived for CHL's issued by the state in which the school is located.

We are in full agreement with regard to a Texas CHL and a Texas school.

Carl

[brianko]

Just a question for clarification. Althought it is now legal to have a handgun in one's vehicle in Texas without a CHL, wouldn't the 1000' prohibition under the Federal Safe School law still preclude all but CHL's from carrying in a vehicle on/near school property?

That is correct. Extensive discussion and relevant legal cites here.

[Liberty]

Just a question for clarification. Althought it is now legal to have a handgun in one's vehicle in Texas without a CHL, wouldn't the 1000' prohibition under the Federal Safe School law still preclude all but CHL's from carrying in a vehicle on/near school property?

That is correct. Extensive discussion and relevant legal cites here.

It is almost impossible in some cities to move around and be less then 1000 feet away from a school.