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Keith B wrote:

jmra wrote:Yep! And now is when we get to find out if Fedaykin is legit or if his investigators are imaginary friends. I sure do hope he is legit so Keith can show them the light.

I am not questioning what Fedaykin is posting; in fact I expected as much from the lower levels. It is time to take this matter to the DA and Police Chief and get their formal policy on this, and get them to realize any arrest for Criminal Trespass just for passing the signs would be a 1983 Civil Rights violation and grounds for a suit that would be found against the city.

Depending on their answers(s), it may need to be referred to Greg Abbott's office for final ruling to show they are wrong.

I hope it is legit and you are able to get the DA and PD on track - just seems a lot of times when some is asked to provide names they disappear. Hopefully that won't be the case here.

sjfcontrol wrote:

Keith B wrote:

Fedaykin wrote:I called the District Attorney's office and spoke to two investigators, both of which said their OPINION was that the signs are valid and you may not drive your vehicle into the parking lot. He himself said the law was hokey, but in its current form you're going to get arrested.

Just get yourself into a fender bender in the school parking lot and then get ID'd by the cop directing school traffic and we'll all find out once and for all if it's truly enforceable. Until then, these are just words on a computer screen.

Texas DPS website states that the passenger compartment of your vehicle is 'on or about' your person and you are carrying in your vehicle even if in the glove box.

30.06 states 'property', not 'premises'. The parking lot is 'property'.

Do I agree? No. Does the law need to be rewritten to make this perfectly clear one way or another.

CLEARLY it does.

Please provide the investigators names and I will make an Open Records request with the office asking them to provide their interpretation of this in writing and that it would not be a 1983 Civil Rights violation if they make an arrest illegally. The signs are NOT valid and I will make sure the DA's office get this cleared up if I have to get an opinion from the AG.

Woah! Keith B is up! Go Git 'em!

Yep! And now is when we get to find out if Fedaykin is legit or if his investigators are imaginary friends. I sure do hope he is legit so Keith can show them the light.

Fedaykin wrote:I called the District Attorney's office and spoke to two investigators, both of which said their OPINION was that the signs are valid and you may not drive your vehicle into the parking lot. He himself said the law was hokey, but in its current form you're going to get arrested.

Just get yourself into a fender bender in the school parking lot and then get ID'd by the cop directing school traffic and we'll all find out once and for all if it's truly enforceable. Until then, these are just words on a computer screen.

Texas DPS website states that the passenger compartment of your vehicle is 'on or about' your person and you are carrying in your vehicle even if in the glove box.

30.06 states 'property', not 'premises'. The parking lot is 'property'.

Do I agree? No. Does the law need to be rewritten to make this perfectly clear one way or another.

CLEARLY it does.

Yep I ran into the same thing with a DA and a detective. They even provided a copy of the law for reference. They were looking for a rock to crawl under when I showed them that the "law" they were basing their opinion on had been repealed 8 years prior.

Chances are the people you are talking to have only read small portions of the regs and are misinformed on the portions they have read. I bet they would also tell you it is a violation to carry in church.

If they really wanted to make those arrests and felt they could successfully prosecute those cases they could bag a dozen a day without breaking a sweat. The fact is they are blowing smoke.

Why carry at all? If you are going to disarm everytime you think a misinformed officer might arrest you for obeying the law then you will be disarmed most of the time anyway.

Example; people on this forum claim to have been told by a DPS lawyer that you would be in violation if you carried past a gun buster sign and could be arrested for doing so. Are you now going to disarm everytime you see a gun buster sign? You better because if not you could be arrested and take the ride.
Of course you are not going to disarm everytime you see a gun buster sign because the law is clearly on your side - just as it is in the school parking lot.

I believe that schools are about as big a target as there is and what better time to hit a school than during dismissal. If you carry to protect your family and you are within your legal rights to carry, I see two options;
1. Protect your family by exercising your right to carry and cross the legal bridge with the misinformed officers when you get to it.
2. Move your child to an ISD with properly informed officers so you do not have to worry about taking a ride for legal carry.