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by bmontana
Tue Jun 24, 2008 3:14 pm
Forum: General Texas CHL Discussion
Topic: 30.06 in a school building
Replies: 28
Views: 2877

Re: 30.06 in a school building

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?
by bmontana
Tue Jun 24, 2008 2:36 pm
Forum: General Texas CHL Discussion
Topic: 30.06 in a school building
Replies: 28
Views: 2877

Re: 30.06 in a school building

barres wrote:Yes, you could be prosecuted on the federal statutes if you were carrying under the authority now granted under PC 46.02 to carry in your vehicle. But nobody seems to ever be prosecuted solely for that, because federal prosecutors don't want the law challenged, again, and it to be found unconstitutional, again.

You also must have a license to carry issued by the state you are in in order to be exempt from the "Gun Free School Zone" law, IIRC. My Texas CHL won't exempt me from a school zone if I travel to Louisianna, even though we have reciprocity with them.
That's interesting. Where in the code are CHL holders exempted from the "Gun Free School Zone" law?
by bmontana
Mon Jun 23, 2008 2:22 pm
Forum: General Texas CHL Discussion
Topic: 30.06 in a school building
Replies: 28
Views: 2877

Re: 30.06 in a school building

Thank you barres & pedalman for your replies. I checked my district's employee handbook and found the following policy.
Employees, visitors, and students 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 supervisors or call one of the superintendents immediately.
So, it looks like storing my CCW in my car in the school parking lot is ok.

Thanks again.
by bmontana
Mon Jun 23, 2008 11:41 am
Forum: General Texas CHL Discussion
Topic: 30.06 in a school building
Replies: 28
Views: 2877

Re: 30.06 in a school building

At my school, there are no signs posted. I would like to know if it is legal to keep my weapon in my car in the teachers' parking lot. The parking lot is situated between the main school building and the field house. Students pass through the parking lot throughout the day going between the two buildings. I've been advised by the local police department that it is illegal to have a weapon in your car on school property. That doesn't jive with what I learned in training.

According to Texas Penal Code, section 46.03(a)(1) an offense is committed if a weapon is possessed "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."

Physical premises is defined in 46.035(f)(3) as "a building or a portion of a building. The term does not include any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area."

My interpretation of this is that it is ok to have weapons in a car in a school parking lot, unless proper signage is present. Is that correct, or am I missing something? Is there additional code in some other section that addresses schools and school zones?

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