Plano School District has 30.06 posted parking lots

[sjfcontrol]

Folks I want to just step up and openly admit that I was incorrect with the statement I made in regards to this topic.

Apparently I was given some incorrect information and I would just like to clarify after speaking with a rep at the office. After an indepth conversation on what I was taught vs what is correct I have come to the conclusion that what I was taught, in regards to this particular circumstance, was incorrect.

1 - The CHL holder can pass the 30.06 sign posted at the entrance of the school parking lot. Will only be in violation if you exit the car carrying.

2 - CHL holder does not have to leave because a school function showed up. The showing up of school field trip does not change the place into a school function.


In my defense - not an excuse because I should have used the common sense test here - these two very specific things were brought up in class and tested across the board. The answer came back from our resource(s) that my answers given were correct - I take very good notes.

Thanks again for the clarification folks.

Note that #1 only applies if it's a PUBLIC school. Private schools can post whatever/wherever they want.
Note also that the 30.06 sign is NOT VALID for a public school, so you will only be in violation if YOU ENTER A BUILDING while carrying. Parking lots, driveways, walkways, etc. are NOT off limits even with the (unenforceable) sign.

[SQLGeek]

Folks I want to just step up and openly admit that I was incorrect with the statement I made in regards to this topic.

Apparently I was given some incorrect information and I would just like to clarify after speaking with a rep at the office. After an indepth conversation on what I was taught vs what is correct I have come to the conclusion that what I was taught, in regards to this particular circumstance, was incorrect.

1 - The CHL holder can pass the 30.06 sign posted at the entrance of the school parking lot. Will only be in violation if you exit the car carrying.

2 - CHL holder does not have to leave because a school function showed up. The showing up of school field trip does not change the place into a school function.


In my defense - not an excuse because I should have used the common sense test here - these two very specific things were brought up in class and tested across the board. The answer came back from our resource(s) that my answers given were correct - I take very good notes.

Thanks again for the clarification folks.

Note that #1 only applies if it's a PUBLIC school. Private schools can post whatever/wherever they want.

But does 30.06 apply to having a gun in the car? I was under the impression with a posted parking lot, you could stay in the car but couldn't get out with it on you.

[rm9792]

Folks I want to just step up and openly admit that I was incorrect with the statement I made in regards to this topic.

Apparently I was given some incorrect information and I would just like to clarify after speaking with a rep at the office. After an indepth conversation on what I was taught vs what is correct I have come to the conclusion that what I was taught, in regards to this particular circumstance, was incorrect.

1 - The CHL holder can pass the 30.06 sign posted at the entrance of the school parking lot. Will only be in violation if you exit the car carrying.
2 - CHL holder does not have to leave because a school function showed up. The showing up of school field trip does not change the place into a school function.
In my defense - not an excuse because I should have used the common sense test here - these two very specific things were brought up in class and tested across the board. The answer came back from our resource(s) that my answers given were correct - I take very good notes.
Thanks again for the clarification folks.

No prob Doc, thats why the board is here, to help. But you are almost there. You can exit the car and carry all the way to the door. DO NOT enter the building though. Premises are defined as the buildings not the grounds. I carry, park the car and walk to the sidewalk where the kids are and get my daughter all the time. However if i have to go in I have to disarm. Grounds only come into play if a function is in progress, ie a football game (scholastic, not some 3d party league) field day, graduation etc. In your defense the classes are notorious for giving out bad info, old info, wrong opinions and such. I swear sometimes a Liberal is teaching the class. I would suggest you read the book you were given cover to cover and ask questions here if you are unsure. One of the people responsible for the law is on this board so youre not going to find a better source. The DPS wont even give you right answers sometimes.
If you want to really stir it up then ask about postoffices, 1911 v Glock, JHP v FMJ, and "can I carry a full auto suppressed mac 10 concealed?"

[rm9792]

Note that #1 only applies if it's a PUBLIC school. Private schools can post whatever/wherever they want.

But does 30.06 apply to having a gun in the car? I was under the impression with a posted parking lot, you could stay in the car but couldn't get out with it on you.

If you are referring to private parking lots then I believe the consensus is that they are off limits period. Now I dont know how that affects MPA carry in the car without a CHL. Of course the criminals will carry theirs.

[sjfcontrol]

Folks I want to just step up and openly admit that I was incorrect with the statement I made in regards to this topic.

Apparently I was given some incorrect information and I would just like to clarify after speaking with a rep at the office. After an indepth conversation on what I was taught vs what is correct I have come to the conclusion that what I was taught, in regards to this particular circumstance, was incorrect.

1 - The CHL holder can pass the 30.06 sign posted at the entrance of the school parking lot. Will only be in violation if you exit the car carrying.

2 - CHL holder does not have to leave because a school function showed up. The showing up of school field trip does not change the place into a school function.


In my defense - not an excuse because I should have used the common sense test here - these two very specific things were brought up in class and tested across the board. The answer came back from our resource(s) that my answers given were correct - I take very good notes.

Thanks again for the clarification folks.

Note that #1 only applies if it's a PUBLIC school. Private schools can post whatever/wherever they want.

But does 30.06 apply to having a gun in the car? I was under the impression with a posted parking lot, you could stay in the car but couldn't get out with it on you.

(Note the addition to my post above)
For a PUBLIC school, the 30.06 is unenforceable, so it doesn't matter if you want to consider a gun in your car as CHL or MPA.
For a posted private parking lot, it depends on whether you believe that a CHL holder is "always" carrying under his CHL. I believe Charles as opined that in situations where CHL is not needed (i.e. MPA) you are not carrying under it's authority.

[VoiceofReason]

My advice for resolving this issue is to first start a local media campaign pointing out the issues in a polite and professional manner. To start this you should send a letter to the editor of your paper, and keep doing so until its published.

I like this idea, but with one minor change. I would start by writing to the ISD Superintendent and the president of the school board. I would quote the law to them and ask them to remove the signs or explain why not. The trick here is to get them to state that they are not a governmental agency in writing.

Then when I wrote to the newspaper, I would add the question of how a non-governmental agency has the authority to tax you. That might help get the editor's attention and see the letter printed or more investigation by the paper.

I would take it a step further and write (certified, return receipt requested) everyone that you spoke to about this, quote the law and ask about the legality of the signs.

If and or when you get a reply (they can’t say they didn’t receive the letter) then start sending letters to your State and Federal elected officials. Post the replies here and some others may send letters also.

If nothing else some of the replies should be good for a laugh.

[dicion]

(Note the addition to my post above)
For a PUBLIC school, the 30.06 is unenforceable, so it doesn't matter if you want to consider a gun in your car as CHL or MPA.
For a posted private parking lot, it depends on whether you believe that a CHL holder is "always" carrying under his CHL. I believe Charles as opined that in situations where CHL is not needed (i.e. MPA) you are not carrying under it's authority.

This is correct, for a public school, government owned, 30.06 goes right out the window square one, due to subsection (e).
However, you still need to have a CHL. See below.

For a private school, you can drive past a 30.06 sign with your gun in the car, but only if you have a CHL. Let me explain.

The 30.06 Sign only applies if you are carrying under the authority of CHL under Texas law. As you are not when you are driving (CHL is an exception to 46.02, its not illegal under 46.02, no exception needed, you are simply carrying legally), the 30.06 sign does not apply to you. We've already covered this.

However, you still need to be a licensed CHL holder in order to get the FEDERAL exemption under the GFSZ Act. You only need to be licensed, not actively carrying under it's authority

So if you drive past a 30.06 in a school parking lot, with a gun in your car, and you do NOT have a CHL, you are NOT violating 30.06, heck, you're not even violating Texas law at all. What you are violating is federal law.

Clear as mud, right?

[sjfcontrol]

(Note the addition to my post above)
For a PUBLIC school, the 30.06 is unenforceable, so it doesn't matter if you want to consider a gun in your car as CHL or MPA.
For a posted private parking lot, it depends on whether you believe that a CHL holder is "always" carrying under his CHL. I believe Charles as opined that in situations where CHL is not needed (i.e. MPA) you are not carrying under it's authority.

This is correct, for a public school, government owned, 30.06 goes right out the window square one, due to subsection (e).
However, you still need to have a CHL. See below.

For a private school, you can drive past a 30.06 sign with your gun in the car, but only if you have a CHL. Let me explain.

The 30.06 Sign only applies if you are carrying under the authority of CHL under Texas law. As you are not when you are driving (CHL is an exception to 46.02, its not illegal under 46.02, no exception needed, you are simply carrying legally), the 30.06 sign does not apply to you. We've already covered this.

However, you still need to be a licensed CHL holder in order to get the FEDERAL exemption under the GFSZ Act. You only need to be licensed, not actively carrying under it's authority

So if you drive past a 30.06 in a school parking lot, with a gun in your car, and you do NOT have a CHL, you are NOT violating 30.06, heck, you're not even violating Texas law at all. What you are violating is federal law.

Clear as mud, right?

All this is correct -- regarding the GFSZ -- however, it would be very rare for somebody to be arrested for this alone. In the first place, (as I understand it) you'd have to be arrested by a Federal Agent, a normal cop couldn't do it. Normally, Federal charges are used as "add-on" charges once you've been caught doing something else. You've already been arrested, and the locals contact the Feds to see if they'd like to add some Federal charges to whatever you're already in for.

[dicion]

Oh, I agree completely. I'm just citing the letter of the law, and how rediculous and convoluted it is sometimes XD

You have to have a CHL in order to legally drive past a sign that says 'No CHL Carry'... XD

[sjfcontrol]

Oh, I agree completely. I'm just citing the letter of the law, and how rediculous and convoluted it is sometimes XD

You have to have a CHL in order to legally drive past a sign that says 'No CHL Carry'... XD

Umm, what with the "XD"s?

[dicion]

Oh, I agree completely. I'm just citing the letter of the law, and how rediculous and convoluted it is sometimes XD

You have to have a CHL in order to legally drive past a sign that says 'No CHL Carry'... XD

Umm, what with the "XD"s?

I really like springfield?

Sorry, I'm used to being on another text media without the click smileys to the right... XD is the equivalent to without the graphics. It's a sideways pair of eyes closed in open mouthed laughter. I gotta get back into the habit of using the graphical smileys here

[Ameer]

1 - The CHL holder can pass the 30.06 sign posted at the entrance of the school parking lot. Will only be in violation if you exit the car carrying.

In violation of what law?

[rm9792]

I already corrected him on that. He got bad info from class i think.

[Ameer]

Well, I guess we know where not to send students.

[doc.lonestar]

Well, I guess we know where not to send students.

I left my post as is and did not delete or edit in order to assist in the event that others were given the same information. I stand by what I said, as it was taught, and have spoken to others in my class - we heard the same thing. I was even the one in the class that asked for the clarification because it made no sense to me what so ever.

I made the correction in a follow up post as per the information from my immediate call to the dept to clarify. I spent a good amount of time on the phone making sure that I had the proper clarificaiton. In my eyes I think that this is a perfect example of the need to do further research even if it came from "experts" and to share the experience. I am not one to back away from admiting that I was wrong - but I made the correction and learned something. For anyone to say

Well, I guess we know where not to send students.

for a simple error is ignorant. My background in firearms, and also in teaching/training is substantial with a combination of degrees and actual real life experience.

Thanks again to everyone for the assistance in clearing up this issue for a new chl instructor.