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LarryH wrote:

bmontana wrote:TITLE 18 > PART I > CHAPTER 44 > § 922
(2)

(A) It shall be unlawful for any individual knowingly to possess a firearm that has moved in or that otherwise affects interstate or foreign commerce at a place that the individual knows, or has reasonable cause to believe, is a school zone.

What does keeping a firearm in one's car have to do with interstate or foreign commerce?

IMHO, it's a catch-all phrase that is mis-applied to "justify" Congress making a law about it. YMMV.

You are correct. It's also the language that was left out of the first version of the federal gun free school zone statute that resulted in it being overturned. I hope it's inclusion in this version is insufficient to trigger the Commerce Clause, but it's also the only basis for LEOSA (COP-carry).

Chas.

Kalrog wrote:

Charles L. Cotton wrote:30.06 signs can be posted on governmental property that is already rendered off-limits under TPC §§46.03 or 46.035. It seems silly to me, as it's already off-limits and the sign changes nothing.

Chas.

Chas,

I think you missed the fact that this is not a school, but an administration building. It is owned by the district (government owned property), but it is NOT otherwise off limits and as such could only be posted if there was a governmental meeting in progress at the time.

This interpretation hinges on an admin building NOT being a school.

I understand the argument that "school" should be limited to classrooms and other buildings where the kids are present. However, "school" isn't defined in the penal code (yet ) so we have no guidance. I have been asked if administration buildings on school grounds and off school grounds are off-limits. My advice is treat everything on the school grounds as off-limits, even administrative buildings. Administrative buildings not on school campuses are a bit more ambiguous, but it is entirely possible an appellate court would take the easy way out and rule that any building owned by a school district, college, etc. is off-limits. In my view that would be overly broad.

Chas.

30.06 signs can be posted on governmental property that is already rendered off-limits under TPC §§46.03 or 46.035. It seems silly to me, as it's already off-limits and the sign changes nothing.

Chas.

TPC §31.06 wrote:§ 30.06. TRESPASS BY HOLDER OF LICENSE TO CARRY
CONCEALED HANDGUN.

• (a) A license holder commits an offense if the
  license holder:
  • (1) carries a handgun under the authority of
    Subchapter H, Chapter 411, Government Code, on property of another
    without effective consent; and
    (2) received notice that:
  • (A) entry on the property by a license holder
    with a concealed handgun was forbidden; or
    (B) remaining on the property with a concealed
    handgun was forbidden and failed to depart.
  (b) For purposes of this section, a person receives notice
  if the owner of the property or someone with apparent authority to
  act for the owner provides notice to the person by oral or written
  communication.
  (c) In this section:
  • (1) "Entry" has the meaning assigned by Section
    30.05(b).
    (2) "License holder" has the meaning assigned by
    Section 46.035(f).
    (3) "Written communication" means:
  • (A) a card or other document on which is written
    language identical to the following: "Pursuant to Section 30.06,
    Penal Code (trespass by holder of license to carry a concealed
    handgun), a person licensed under Subchapter H, Chapter 411,
    Government Code (concealed handgun law), may not enter this
    property with a concealed handgun"; or
    (B) a sign posted on the property that:
  • (i) includes the language described by
    Paragraph (A) in both English and Spanish;
    (ii) appears in contrasting colors with
    block letters at least one inch in height; and
    (iii) is displayed in a conspicuous manner
    clearly visible to the public.
  (d) An offense under this section is a Class A misdemeanor.
  
  (e) It is an exception to the application of this section
  that the property on which the license holder carries a handgun is
  owned or leased by a governmental entity and is not a premises or
  other place on which the license holder is prohibited from carrying
  the handgun under Section 46.03 or 46.035.