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Return to “Concealed carry in a school parking lot”
- Mon Nov 09, 2009 3:07 pm
- Forum: General Texas CHL Discussion
- Topic: Concealed carry in a school parking lot
- Replies: 18
- Views: 7095
Re: Concealed carry in a school parking lot
Thanks srothstein i forgot about the CHL part
- Mon Nov 09, 2009 2:41 pm
- Forum: General Texas CHL Discussion
- Topic: Concealed carry in a school parking lot
- Replies: 18
- Views: 7095
Re: Concealed carry in a school parking lot
IANAL, but my assumption would be 46.11 is for any offense other than that specified by 46.03
- Mon Nov 09, 2009 2:24 pm
- Forum: General Texas CHL Discussion
- Topic: Concealed carry in a school parking lot
- Replies: 18
- Views: 7095
Re: Concealed carry in a school parking lot
FEDERAL
The Gun-Free School Zones Act of 1990 was enacted as section 1702 of the Crime Control Act of 1990 (Pub.L. 101-647, 18 U.S.C. § 922(q)) on November 29, 1990.
It was subsequently declared to be an unconstitutional exercise of Congressional authority under the Commerce Clause of the United States Constitution by the United States Supreme Court, and was therefore voided. This case, United States v. Lopez (1995), was the first time in over half a century that the Supreme Court limited Congressional authority to legislate under the Commerce Clause.
See also United States v. Morrison (2000), in which the U.S. Supreme Court also ruled that Congress lacked the authority to enact such laws even when there was evidence of aggregate effect.
Congress re-enacted the law in the GFSZ Act of 1996, following the Supreme Court's ruling, correcting the technical defects identified by the Court by adding wording placing the burden on the prosecutor to prove an additional element, that the "firearm has moved in or otherwise affects interstate commerce."
STATE
§ 46.03. PLACES WEAPONS PROHIBITED. (a) A person commits
an offense if the person intentionally, knowingly, or recklessly
possesses or goes with a firearm, illegal knife, club, or
prohibited weapon listed in Section 46.05(a):
(1) 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
(3) "Premises" means 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.
Not illegal but check your employee handbook it will most likely say no guns. You may not go to jail but i bet you wont be working there anymore either if they find out.
The Gun-Free School Zones Act of 1990 was enacted as section 1702 of the Crime Control Act of 1990 (Pub.L. 101-647, 18 U.S.C. § 922(q)) on November 29, 1990.
It was subsequently declared to be an unconstitutional exercise of Congressional authority under the Commerce Clause of the United States Constitution by the United States Supreme Court, and was therefore voided. This case, United States v. Lopez (1995), was the first time in over half a century that the Supreme Court limited Congressional authority to legislate under the Commerce Clause.
See also United States v. Morrison (2000), in which the U.S. Supreme Court also ruled that Congress lacked the authority to enact such laws even when there was evidence of aggregate effect.
Congress re-enacted the law in the GFSZ Act of 1996, following the Supreme Court's ruling, correcting the technical defects identified by the Court by adding wording placing the burden on the prosecutor to prove an additional element, that the "firearm has moved in or otherwise affects interstate commerce."
STATE
§ 46.03. PLACES WEAPONS PROHIBITED. (a) A person commits
an offense if the person intentionally, knowingly, or recklessly
possesses or goes with a firearm, illegal knife, club, or
prohibited weapon listed in Section 46.05(a):
(1) 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
(3) "Premises" means 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.
Not illegal but check your employee handbook it will most likely say no guns. You may not go to jail but i bet you wont be working there anymore either if they find out.