School Employees and the parking lot law

[android]

Actually, this is not 100% correct. MPA does not exempt a person carrying in their vehicle from the Gun Free School Zone Act. They can be arrested and charged under federal law if they are within 1000' of a school and unlicensed. However, the question comes up if local law enforcement can actually enforce that federal law. Either way, the school can ask the person to leave and if they don't then they can be charged with criminal trespass.

We have had high school kids bring rifles and shotguns in their vehicles on school property. Our school LEO says there is nothing he can do about it but tell them to go home and put the gun away. The DA will not prosecute them so he won't arrest them.

In general, this is good if it's just a gun left over from the weekend or whatever. (you shouldn't really leave them in the car, but sometime I forget too)

But it's crazy that in other states, they're willing to go all out for a finger or sandwich chewed into an L.

[jsenner]

I work at a high school. Handbook says no guns on property. I am reluctant to ignore this policy as several times a year dogs are brought in to sniff out drugs in parked cars. Don't know if they are trained for detecting firearms/ammo but not willing to risk it.
If I worked at the elementary campus, no brainer.

Have you thought about saving the rags/etc from cleaning your guns and tossing them in the glovebox or trunk as a test? if the dogs light on it, you'll know and no foul...

[Keith B]

I work at a high school. Handbook says no guns on property. I am reluctant to ignore this policy as several times a year dogs are brought in to sniff out drugs in parked cars. Don't know if they are trained for detecting firearms/ammo but not willing to risk it.
If I worked at the elementary campus, no brainer.

Have you thought about saving the rags/etc from cleaning your guns and tossing them in the glovebox or trunk as a test? if the dogs light on it, you'll know and no foul...

Just throw a bag of marijuana in your console and they will never detect you have a gun in the car!

[jmra]

I work at a high school. Handbook says no guns on property. I am reluctant to ignore this policy as several times a year dogs are brought in to sniff out drugs in parked cars. Don't know if they are trained for detecting firearms/ammo but not willing to risk it.
If I worked at the elementary campus, no brainer.

Have you thought about saving the rags/etc from cleaning your guns and tossing them in the glovebox or trunk as a test? if the dogs light on it, you'll know and no foul...

Just throw a bag of marijuana in your console and they will never detect you have a gun in the car!

[android]

I work at a high school. Handbook says no guns on property. I am reluctant to ignore this policy as several times a year dogs are brought in to sniff out drugs in parked cars. Don't know if they are trained for detecting firearms/ammo but not willing to risk it.
If I worked at the elementary campus, no brainer.

Have you thought about saving the rags/etc from cleaning your guns and tossing them in the glovebox or trunk as a test? if the dogs light on it, you'll know and no foul...

I thought dogs had a specialty and are not normally trained to find a lot of different scents.

I've heard of cadaver, drug, explosives and firearms dogs, but I thought they were all different, not the same dog.

[nobius]

What if you're a college employee? Can they prevent you from keeping your gun in your car?

[Keith B]

What if you're a college employee? Can they prevent you from keeping your gun in your car?

Well, I don't believe that the parking lot exception would be enforceable by a college or university. Here is the exception in the code:

.....
Sec. 52.062. EXCEPTIONS. (a) Section 52.061 does not:
(1) authorize a person who holds a license to carry a concealed handgun under Subchapter H, Chapter 411, Government Code, who otherwise lawfully possesses a firearm, or who lawfully possesses ammunition to possess a firearm or ammunition on any property where the possession of a firearm or ammunition is prohibited by state or federal law; or
(2) apply to:
(A) a vehicle owned or leased by a public or private employer and used by an employee in the course and scope of the employee's employment, unless the employee is required to transport or store a firearm in the official discharge of the employee's duties;
(B) a school district;
(C) an open-enrollment charter school, as defined by Section 5.001, Education Code;
(D) a private school, as defined by Section 22.081, Education Code;
.....

I don't believe universities are defined as school districts in the education code. And 22.081 Education Code for private school clearly defines those as K-12. SO, I believe that a university would not be allowed to prohibit an employee from keeping a gun in their vehicle per the exception in the law.

This is not legal advice, just my layman's interpretation of the law and codes.

[nobius]

What if you're a college employee? Can they prevent you from keeping your gun in your car?

Well, I don't believe that the parking lot exception would be enforceable by a college or university. Here is the exception in the code:

.....
Sec. 52.062. EXCEPTIONS. (a) Section 52.061 does not:
(1) authorize a person who holds a license to carry a concealed handgun under Subchapter H, Chapter 411, Government Code, who otherwise lawfully possesses a firearm, or who lawfully possesses ammunition to possess a firearm or ammunition on any property where the possession of a firearm or ammunition is prohibited by state or federal law; or
(2) apply to:
(A) a vehicle owned or leased by a public or private employer and used by an employee in the course and scope of the employee's employment, unless the employee is required to transport or store a firearm in the official discharge of the employee's duties;
(B) a school district;
(C) an open-enrollment charter school, as defined by Section 5.001, Education Code;
(D) a private school, as defined by Section 22.081, Education Code;
.....

I don't believe universities are defined as school districts in the education code. And 22.081 Education Code for private school clearly defines those as K-12. SO, I believe that a university would not be allowed to prohibit an employee from keeping a gun in their vehicle per the exception in the law.

This is not legal advice, just my layman's interpretation of the law and codes.

Thanks!

[oohrah]

I teach at a private university. It is their policy that all firearms are prohibited on any of their property including parking lots. That is their right. As an employee, I have to obey their rules (or quit). They do recognize that they do not have legal authority over visitors who may have firearms in their vehicle in a parking lot (i.e, not legally "premises").

[Keith B]

I teach at a private university. It is their policy that all firearms are prohibited on any of their property including parking lots. That is their right. As an employee, I have to obey their rules (or quit). They do recognize that they do not have legal authority over visitors who may have firearms in their vehicle in a parking lot (i.e, not legally "premises").

As I read the law they would be a private employer and are not exempt from the parking lot law, so as an employee you would be legally protected from dismissal if you legally have a firearm in your vehicle.

[oohrah]

Thanks Keith, but the law notwithstanding, the employee (me) would be challenging their system, and I'm not sure I'm ready to go there.

[RottenApple]

Thanks Keith, but the law notwithstanding, the employee (me) would be challenging their system, and I'm not sure I'm ready to go there.

Turn it around. It's their system that is challenging the law. It would seem to me that they might not want to go there.

[nightmare69]

Thanks Keith, but the law notwithstanding, the employee (me) would be challenging their system, and I'm not sure I'm ready to go there.

As long as you kept your mouth shut no one would know you have a firearm in your vehicle. Don't ask don't tell.

[Keith B]

Thanks Keith, but the law notwithstanding, the employee (me) would be challenging their system, and I'm not sure I'm ready to go there.

The TSRA wants to know about employers who are not following the law and still prohibit employees from legally possessing a firearm in their vehicle. I would suggest you contact them with details.

[nightmare69]

Thanks Keith, but the law notwithstanding, the employee (me) would be challenging their system, and I'm not sure I'm ready to go there.

The TSRA wants to know about employers who are not following the law and still prohibit employees from legally possessing a firearm in their vehicle. I would suggest you contact them with details.

What about the Gun free zone act of 1990, would that federal law be enforceable in Texas?