TexasCHLforum.com

GrillKing wrote:

txinvestigator wrote:In conclusion, 30.06 does not legally prevent a person from having a firearm in their vehicle at a private school., UNLESS the firearm is a handgun and it is carried ON OR ABOUT the person.

That's what I said, or at least what I meant, in different and more words!!!

OK, I see now. Just know that if you lock that handgun up in...... say, a locked glovebox or trunk before entering the restricted area, you are legal.

stevie_d_64 wrote:So if I drive with my wife over to the UofH Clear Lake campus to print some documents from the computer lab...15 minutes...

I take my firearm out of the holster while in the vehicle, secure it in my safe inside the truck, lock the truck, proceed with my business, that would not be a violation under the Texas Penal code???

That is correct, no violation. In fact, you could "legally" just stuff the gun under the seat. OR, you could walk your wife up to the door of the building with your gun on your person, just don't enter.

GrillKing wrote:

txinvestigator wrote:Negative. The section that restricts carry at schools is Texas Penal Code 46.03. 46.03 prohibits the carry of ALL firearms at schools. Schools are not limited under under the CHL restrictions.

Still Affirmative. The discussion, as I understood it, had evolved to carry (storage) in the vehicle under CHL statutes (not on 'premises' as defined in the penal code. I do understand that carry on the 'premises' is forbidden regardless of public or private, and carry 'off premises' (parking lot) is OK for CHL for public or private, except that a private school could 30.06 the lot or give verbal notice for the lot / walkways, etc.

I wasn't clear before. Is the above correct??

Thanks,

Gary

The laws restricting carry at schools are not part of the CHL restrictions. That is 46.035. The laws restricting school POSSESSION are towards everyone, and fall under 46.03.

A private school Could post a 30.06 sign at the parking lot; however, that would only effect people who carry under the CHL law. If I have a rifle in my vehicle, I could leave it in the car as a rifle is not subject to 30.06.

By the same token, if I am carrying a handgun under another provision of law, like not having it on or about my person, then 30.06 would not apply to me. If the gun is locked in my glovebox, lets say, I don't NEED a CHL. It is not a violation of law to have a handgun in my locked glove box because it is not on or about my person.

I only carry under the authority of my CHL when my handgun is on or about my person AND I don't have another provision of law available to carry the gun.

In conclusion, 30.06 does not legally prevent a person from having a firearm in their vehicle at a private school., UNLESS the firearm is a
handgun and it is carried ON OR ABOUT the person.

Example; As a PPO, I can carry a concealed handgun while providing armed personal security for an individual(s). If my client needs to go to a Private school to pick up the kid, EVEN if the private school posts a 30.06 sign at the entrance to the parking lot, I can legally carry because I am carrying under the authority of my PPO; I am not carrying under the authority of my CHL.

make sense???

GrillKing wrote:

txinvestigator wrote:A handgun taken from your belt and secured in your vehicle before entering a building at a school is legal.

Unless the school is private and they 30.06 the lot???? that was my point (or maybe question)....

It appears you did not read my entire post.

30.06 applies ONLY to carry under your CHL. If you remove your handgun from being on or about your person, then you are not carrying under your CHL, and no 30.06 sign would be applicable.

A handgun in a locked glove box or trunk, etc, is NOT affected by 30.06.

GrillKing wrote:This applies to publicly funded schools. I believe a private school (college / univ) could still restrict based on 30.06 or oral notification.

Negative. The section that restricts carry at schools is Texas Penal Code 46.03. 46.03 prohibits the carry of ALL firearms at schools. Schools are not limited under under the CHL restrictions.
_____________________________________________________________

§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;
___________________________________________________________
It is NOT restricted to publicly funded schools. In fact, PRIVATE schools are specically included.

30.06 applies only to carry under the authority of your CHL.

Since 46.03 applies to ALL firearms, and 30.06 applies only to those carried under authority of your CHL, 30.06 is irrelevant to 46.03.

A school COULD post a 30.06, but it would have no more effect than the law already 46.03.

A handgun taken from your belt and secured in your vehicle before entering a building at a school is legal.

If you are carrying under a CHL, and there is a 30.06 sign posted at the entrance to a parking lot of a PRIVATE SCHOOL you would be in violation of 30.06 to carry the weapon on or about your person on the parking lot. You could secure it before entering the lot where it is not "on or about your person". That would be no violation of 30.06.


Of course, school policy could result in your facing discipline from the school.