But, bottom line, the GFSZA is law and without a CHL issued from the state you are in, you are in violation with a loaded handgun, and loaded and/or unlocked long guns are period.stroo wrote:The Federal Law really has not been enforced and some very qualified constitutional lawyers believe it would be held unconstitutional if it ever was enforced. Given the scattering of schools through our cities, anyone carrying concealed in a car without a CHL or under Texas law, legally having a rifle or shotgun in their car has violated the Federal law. Even in rural areas, if you go through any town without a CHL and with any kind of gun in the car, you have probably gone through a school zone and violated the Federal law.
Not giving legal advice here, just information for what it is worth.
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- Tue Nov 24, 2009 9:00 am
- Forum: General Texas CHL Discussion
- Topic: Unlicensed wife and school pickup
- Replies: 23
- Views: 3945
Re: Unlicensed wife and school pickup
- Sun Nov 22, 2009 12:19 pm
- Forum: General Texas CHL Discussion
- Topic: Unlicensed wife and school pickup
- Replies: 23
- Views: 3945
Re: Unlicensed wife and school pickup
No. Your CHL means 'Concealed Handgun License' and does not give you any authorization for carry of long guns. A long gun will be in violation of the GFSZA if loaded or unloaded and not locked up..Booster wrote:Thanks Keith.
Am I legal to carry my Remington 870 tactical shotgun with my CHL at the school? I always disarm when picking up my children.
EDITED TO ADD: Here is part of the GFSZA and the link to the official document http://thomas.loc.gov/cgi-bin/query/F?c ... M0:e174354" onclick="window.open(this.href);return false;:
SEC. 1702. GUN-FREE SCHOOL ZONES ACT OF 1990.
(a) SHORT TITLE- This section may be cited as the `Gun-Free School Zones Act of 1990'.
(b) PROHIBITIONS AGAINST POSSESSION OR DISCHARGE OF A FIREARM IN A SCHOOL ZONE-
(1) IN GENERAL- Section 922 of title 18, United States Code, is amended by adding at the end the following new subsection:
`(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 on 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.
- Sun Nov 22, 2009 12:04 pm
- Forum: General Texas CHL Discussion
- Topic: Unlicensed wife and school pickup
- Replies: 23
- Views: 3945
Re: Unlicensed wife and school pickup
Your wife would be in violation of the Gun Free School Zone Act if she does not have a CHL. There is no exemption from the GFSZA for carrying under the Motorist Protection Act.