drummer0415 wrote:
1)It is state law that employees of the school cannot keep a gun in their vehicle, even if they have a CHL
2)It is up to the district policy whether employees of the school can keep a gun in their vehicle, CHL or not.
Can anyone definitely clear this up for me?
The MPA (Motorist Protection Act), the law that lets average Joe Blow Texan carry a concealed firearm in his car does not force a school district to allow firearms on their property - but it does not prevent a school district from NOT prohibiting the firearm in the car, either. It's up to each individual school district to enact policies for their employees, but most of the school districts just take the boilerplate sample district policies from the TEA and enact them as their policies (which is why TEA publishes those policies as model policies). In other words, a district CAN prohibit their employees from having a gun in their car as a matter of district policy while the car is on district property (including parking lots) IF they choose to do so, but most districts don't. And your quote, below, is why they don't:
drummer0415 wrote:"Employees, visitors, and students, including those with a license to carry a concealed handgun,
are prohibited from bringing firearms, knives, clubs or other prohibited weapons onto school
premises (i.e., building or portion of a building) or any grounds or building where a school sponsored activity takes place. To ensure the safety of all persons, employees who observe or suspect a violation of the District’s weapons policy should report it to their supervisor."
This is almost exactly the same as my district's policy on firearms and weapons - (ours adds in that a call to 911 would be appropriate in lieu of reporting it to their supervisor). But, basically it's the same as the model board policies published by TEA. What this does is say that an employee can not have a firearm (a) inside the school buildings or portions of a building or (b) on any grounds...where a school sponsored activity takes place. IANAL, but that does not seem to include my car, when it's parked in a staff parking lot. And, I've been told by folks who would be in charge of enforcing the policy, if it came down to it, that a gun in an employee's car is a non-issue as long as it stays concealed (which is, after all, the same thing the MPA provides for everyone else).
Now, if I drive over to a parking lot where the band kids are practicing, I might be in violation of the district policy, as well as the state law.
Texas Penal Code 46.03 wrote: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;
So, as I read the law and my district's policy, as long as I'm parking in a place where student's aren't engaging in a sponsored school activity (i.e. a class or after school extracurricular activity), then I should be good to go with both.
That make sense?
Getting a member of the school administration to admit to that, officially, might be a bit more difficult, although I have considered asking our teacher's organization to ask for an official ruling from the district just because there is so much ambiguity possible in the reading of the policies and the law. Who knows - may just have to do that someday.
