TexasCHLforum.com

ScottDLS wrote:

gdanaher wrote:After all of the comments, things can get confusing here. So, a person has a chl and is employed by an isd with no written policy regarding employees possessing firearms. The gun is locked in their car during the normal work day. Are they violating any laws here?

No they are not. Even if the ISD has a written policy against it, they are not violating the law, though they could be fired.

gdanaher wrote:Same scenario for an employee without a chl but gun is locked away in car under mpa?

They are not violating any state criminal laws. They are likely violating the Federal Gun Free Safe School Zone Act as it is currently interpreted.

§ 46.11. PENALTY IF OFFENSE COMMITTED WITHIN WEAPON-FREE
SCHOOL ZONE. (a) Except as provided by Subsection (b), the
punishment prescribed for an offense under this chapter is
increased to the punishment prescribed for the next highest
category of offense if it is shown beyond a reasonable doubt on the
trial of the offense that the actor committed the offense in a place
that the actor knew was:
(1) within 300 feet of the premises of a school; or
(2) on premises where:
(A) an official school function is taking place;
or
(B) an event sponsored or sanctioned by the
University Interscholastic League is taking place.
(b) This section does not apply to an offense under Section
46.03(a)(1).
(c) In this section:
(1) "Institution of higher education" and "premises"
have the meanings assigned by Section 481.134, Health and Safety
Code.
(2) "School" means a private or public elementary or
secondary school.

Added by Acts 1995, 74th Leg., ch. 320, § 1, eff. Sept. 1, 1995.
Amended by Acts 1997, 75th Leg., ch. 1063, § 10, eff. Sept. 1,
1997.

ScottDLS wrote:

KaiserB wrote:

Songbird wrote:Schools ARE listed as an exception to the law (52.061) that keeps employers from prohibiting guns in their employees cars:

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;

Three pages of speculative bull finally someone posts the law rather than making an unqualified statement about the law, or what they "think" the law said... the rest of you should take a lesson from this post.

And what you apparently missed in the three pages of speculative bull was that it was already pointed out several times that the parking lot bill has an exception for employees of a school. Songbird posted the language. However, the exception simply allows the school to fire her. It does not define a third degree felony. So please inform us what we've all been speculating about...what is the woman in the article guilty of?

Songbird wrote:Schools ARE listed as an exception to the law (52.061) that keeps employers from prohibiting guns in their employees cars:

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;