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

[Mikel]

A friend of mine moved to a school zone. When I go to visit, do I have to keep my CHG in the trunk?
His new house is directly across the street from the school, and in the school zone.

[rgoldy]

Not so long as you are not going onto the school grounds. Which I would expect are surrounded and delineated by a fenced area.
His house and the streets surrounding the school are not exclusion areas.

[cyphur]

As long as you are not entering any school buildings or a parking lot where school activities are being conducted, I believe you are safe.


Please someone correct me if I am wrong.

[nitrogen]

Remember, there is also a "GUN FREE ZONE" 1000 feet around any school per federal law. This might be what he means. I quote the law below.

At my CHL class, my instructor basically said it's a hook for the federal government to get involved in a gun crime on or near a school; it's not meant to keep you from having your gun lawfully off of school premises.

Specifically see section ii below.

I specifically asked that question because my fianceé is a teacher.

(a) IN GENERAL- Section 922 of title 18, United States Code, is amended by adding at the end the following:

`(q)(1)(A) It shall be unlawful for any individual knowingly to possess a firearm at a place that the individual knows, or has reasonable cause to believe, is a school zone.

`(B) 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;

`(iii) which is--

`(I) not loaded; and

`(II) in a locked container, or a locked firearms rack which is in a motor vehicle;

`(iv) by an individual for use in a program approved by a school in the school zone;

`(v) by an individual in accordance with a contract entered into between a school in the school zone and the individual or an employer of the individual;

`(vi) by a law enforcement officer acting in his or her official capacity; or

`(vii) that is unloaded and is possessed by an individual while traversing school premises for the purpose of gaining access to public or private lands open to hunting, if the entry on school premises is authorized by school authorities.

`(2)(A) Except as provided in subparagraph (B), it shall be unlawful for any person, knowingly or with reckless disregard for the safety of another, to discharge or attempt to discharge a firearm at a place that the person knows is a school zone.

`(B) Subparagraph (A) shall not apply to the discharge of a firearm--

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

`(ii) as part of a program approved by a school in the school zone, by an individual who is participating in the program;

`(iii) by an individual in accordance with a contract entered into between a school in a school zone and the individual or an employer of the individual; or

`(iv) by a law enforcement officer acting in his or her official capacity.

`(3) Nothing in this subsection shall be construed as preempting or preventing a State or local government from enacting a statute establishing gun-free school zones as provided in this subsection.'.

(b) DEFINITIONS- Section 921(a) of such title is amended by adding at the end the following:

`(25) The term `school zone' means--

`(A) in, or on the grounds of, a public, parochial or private school; or

`(B) within a distance of 1,000 feet from the grounds of a public, parochial or private school.

`(26) The term `school' means a school which provides elementary or secondary education, as determined under State law.

`(27) The term `motor vehicle' has the meaning given such term in section 10102 of title 49, United States Code.'.

(c) PENALTY- Section 924(a) of such title is amended by adding at the end the following:

`(4) Whoever violates section 922(q) shall be fined not more than $5,000, imprisoned for not more than 5 years, or both. Notwithstanding any other provision of law, the term of imprisonment imposed under this paragraph shall not run concurrently with any other term of imprisonment imposed under any other provision of law.'.

(d) EFFECTIVE DATE- The amendments made by this section shall apply to conduct engaged in after the end of the 60-day period beginning on the date of the enactment of this Act.

[txinvestigator]

A friend of mine moved to a school zone. When I go to visit, do I have to keep my CHG in the trunk?
His new house is directly across the street from the school, and in the school zone.

Whats a school zone, and what does it have to do with a CHL?

[txinvestigator]

Not so long as you are not going onto the school grounds. Which I would expect are surrounded and delineated by a fenced area.
His house and the streets surrounding the school are not exclusion areas.

NEGATIVE. What are you talking about?

[txinvestigator]

As long as you are not entering any school buildings or a parking lot where school activities are being conducted, I believe you are safe.


Please someone correct me if I am wrong.

That is correct.

Let me highlight part of Nitrogen's post;

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;

[Mikel]

A friend of mine moved to a school zone. When I go to visit, do I have to keep my CHG in the trunk?
His new house is directly across the street from the school, and in the school zone.

Whats a school zone, and what does it have to do with a CHL?

Here is what I'm talking about...after further searching, I found this: Looks like Texas CHL holders are OK since we have background checks done but other states may be a problem.

THE "GUN OWNER REGISTRATION EXEMPTION:" The "gun free zones" law exempts CCW (Carry Concealed Weapon) holders who live in a state that requires a background check before the issuing of a permit. (This means that CCW holders that live in states like Alabama are not exempted under this provision because background checks are not mandated by state law.) What this so-called exemption does is force a citizen to register with the authorities as a gun owner before he can carry a loaded self-defense weapon in his or her car.


Click here to read about school zones and guns: http://gunowners.org/fs9611.htm[/i]



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[txinvestigator]

A friend of mine moved to a school zone. When I go to visit, do I have to keep my CHG in the trunk?
His new house is directly across the street from the school, and in the school zone.

Whats a school zone, and what does it have to do with a CHL?

Here is what I'm talking about...after further searching, I found this: Looks like Texas CHL holders are OK since we have background checks done but other states may be a problem.

THE "GUN OWNER REGISTRATION EXEMPTION:" The "gun free zones" law exempts CCW (Carry Concealed Weapon) holders who live in a state that requires a background check before the issuing of a permit. (This means that CCW holders that live in states like Alabama are not exempted under this provision because background checks are not mandated by state law.) What this so-called exemption does is force a citizen to register with the authorities as a gun owner before he can carry a loaded self-defense weapon in his or her car.


Click here to read about school zones and guns: http://gunowners.org/fs9611.htm[/i]



...

If you will read my posts, you can see that I am well aware of this law, but often people get worried about laws before actually reading them.

I disagree with the conslusion on your italicized part. In Texas, unless you commit a crime, Gun Free School Zones mean nothing.

[age_ranger]

I'm dealing with trying to understand this more as well since my son has moved up a grade (to a middle school) there's 30.06's posted in the parking lot entrances. Haven't looked it up yet, but I'm assuming I can't even leave it in the car in that parking lot now. Guess I'll have to park on the street and leave it in the car when I walk up to get him.

[KBCraig]

I'm dealing with trying to understand this more as well since my son has moved up a grade (to a middle school) there's 30.06's posted in the parking lot entrances. Haven't looked it up yet, but I'm assuming I can't even leave it in the car in that parking lot now. Guess I'll have to park on the street and leave it in the car when I walk up to get him.

This is a public school?

If so, then the 30.06 signs are not valid. Feel free to ignore them.

Kevin

[age_ranger]

Yeah, it's a public school with the sign at the entrance to the parking lot. The sign is in 1" letter in spanish/english and appears to be regulation. I've heard this reference to public schools or public parks and stuff before. Anyone have a copy of the reg? I'll try to dig into the CHL book I've got and read up on it.......

[jimlongley]

Yeah, it's a public school with the sign at the entrance to the parking lot. The sign is in 1" letter in spanish/english and appears to be regulation. I've heard this reference to public schools or public parks and stuff before. Anyone have a copy of the reg? I'll try to dig into the CHL book I've got and read up on it.......

Is that PISD? If it is, and unless they have changed the signs, the letters are actually less that 1 inch, and it is questioable whether they, as a governmental entity, can actually post them.

[txinvestigator]

Yeah, it's a public school with the sign at the entrance to the parking lot. The sign is in 1" letter in spanish/english and appears to be regulation. I've heard this reference to public schools or public parks and stuff before. Anyone have a copy of the reg? I'll try to dig into the CHL book I've got and read up on it.......

Is that PISD? If it is, and unless they have changed the signs, the letters are actually less that 1 inch, and it is questioable whether they, as a governmental entity, can actually post them.

There is NO question. They can post them; however, they hold no authority.

If it is a taxing school district then this phrase of 30.06 applies;



(e) It is an exception to the application of this section
that the property on which the license holder carries a handgun is
owned or leased by a governmental entity and is not a premises or
other place on which the license holder is prohibited from carrying
the handgun under Section 46.03 or 46.035.

[age_ranger]

Yes, it is Plano ISD.....Haggard Elementary is where the sign is posted at the entrance of the parking lot. My calibrated eyeball might be off, but those letters could have been 3/4". So, basically, it's the same as other schools.....OK to carry on sidewalks, driveways amd parking lots but not IN the school. Funny how they post signs there....must be to confuse us and break us down.....anti's!!