Search found 8 matches

by Jumping Frog
Wed Jun 20, 2012 7:04 pm
Forum: New to CHL?
Topic: Weapon Free School Zone?
Replies: 43
Views: 10078

Re: Weapon Free School Zone?

jmorris wrote:
Jumping Frog wrote:.......
This defines "premises":
PC §46.035.(f)(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.
Ah ha! They didn't specifically include grass in that list so obviously you're forbidden to carry there. :nono:
Are you joking?

How is '"Premises" means a building or a portion of a building.' unclear? Do you have grass buildings?
by Jumping Frog
Wed Jun 20, 2012 6:50 am
Forum: New to CHL?
Topic: Weapon Free School Zone?
Replies: 43
Views: 10078

Re: Weapon Free School Zone?

Dave2 wrote:How does that work for people who live within 1000ft of a school? Are they not allowed to have a gun in their own home?
The federal GFSZ exempts all private property.
by Jumping Frog
Wed Jun 20, 2012 6:49 am
Forum: New to CHL?
Topic: Weapon Free School Zone?
Replies: 43
Views: 10078

Re: Weapon Free School Zone?

agarcia82 wrote:My chl instructor said it was ok to have a gun in the parking lots of schools also when you go drop off and pick up your child..just not inside the school.. he also said you can cary a gun while you walk on the schools side walk but as soon as you step on the grass of the school property it was a big no no. :???:
He was wrong. The only exception would be if there was a school activity underway on the grass in that vicinity.

This defines where it is illegal:
PC §46.03.(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;
This defines "premises":
PC §46.035.(f)(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.
by Jumping Frog
Thu Jan 19, 2012 10:04 pm
Forum: New to CHL?
Topic: Weapon Free School Zone?
Replies: 43
Views: 10078

Re: Weapon Free School Zone?

RockingRook wrote:Can I legally carry there?
You can carry on the grounds but not in a building.
by Jumping Frog
Mon Jan 16, 2012 7:49 am
Forum: New to CHL?
Topic: Weapon Free School Zone?
Replies: 43
Views: 10078

Re: Weapon Free School Zone?

Dave2 wrote:There's gotta be a loop-hole in that somewhere... I got my first gun before my CHL and live well within 1000ft of a school (like, possibly within 100ft if you measure from the two closest corners instead of the two centers). If I can't have a gun in the car with me, doesn't that effectively infringe on that whole "keep and bear arms" thing? How am I supposed to get the thing home from the store?
There a lot of fine print in that code snippet I posted, Here is part of it:
(B) Subparagraph (A) does not apply to the possession of a firearm -
. . .
(iii) that is -
(I) not loaded; and
(II) in a locked container, or a locked firearms rack that is on a motor vehicle;
I know a guy in Ohio who had his FFL about 300 feet from a school. During his compliance review, he actually had the BATF*** jerk say to him, "You better warn your customers that everyone transporting a firearm to or from your store better have it unloaded in a locked case . . . . "
by Jumping Frog
Sun Jan 15, 2012 9:03 pm
Forum: New to CHL?
Topic: Weapon Free School Zone?
Replies: 43
Views: 10078

Re: Weapon Free School Zone?

tbrown wrote:I followed Federal Law and bought my gun from someone in Texas. That's not interstate commerce so, in accordance with the United States Constitution, this law doesn't apply to me.
Your problem is too much common sense. Your conclusion bears no resemblance whatsoever to the SCOTUS understanding of "interstate commerce".
by Jumping Frog
Sun Jan 15, 2012 1:09 pm
Forum: New to CHL?
Topic: Weapon Free School Zone?
Replies: 43
Views: 10078

Re: Weapon Free School Zone?

urnoodle wrote:Hollowpoint minivans "rlol" , I'll have to use that. I've been in two car accidents caused by others, both minivans. It's gets funnier, the first accident the woman was on her way to pick up her daughter at school and she was late so she was on her cell phone when she ran the red light. While I was being moved she came over to check my status and apologize, she then handed me her business card with her insurance info on it. Later in the hospital when I had a chance to look at it, she was a liquor distributor.

Thanks jumping frog for pointing out what I missed. All that subparagraph mumbo jumbo gets me confused. I'm going to email it to some of the others in my class so they can have the same clarification. There are too many school zones in DFW to avoid. :mrgreen:
I've read an analysis that said over 90% of the population of the United States lived within 1000 feet of a school. In urban areas, it is literally impossible to travel without criss-crossing school zones. . .
by Jumping Frog
Sun Jan 15, 2012 12:08 pm
Forum: New to CHL?
Topic: Weapon Free School Zone?
Replies: 43
Views: 10078

Re: Weapon Free School Zone?

That is what happens when someone like your instructor quotes a snippet of code without understanding how it fits with the rest of the code. You'll find that 2(A) prohibits the behavior, but that 2(B) lists all the cases where 2(A) does not apply -- including Texans with a CHL.

Read it for yourself, including the section he quoted in green as well as the section I highlight in red. You'll answer your own questions that way and not have to rely upon saying, "well I read it in an internet forum"..
18 U.S.C. § 922(q)(1) The Congress finds and declares that -
(A) crime, particularly crime involving drugs and guns, is a pervasive, nationwide problem;
(B) crime at the local level is exacerbated by the interstate movement of drugs, guns, and criminal gangs;
(C) firearms and ammunition move easily in interstate commerce and have been found in increasing numbers in and around schools, as documented in numerous hearings in both the Committee on the Judiciary (!3) the House of Representatives and the Committee on the Judiciary of the Senate;
(D) in fact, even before the sale of a firearm, the gun, its component parts, ammunition, and the raw materials from which they are made have considerably moved in interstate commerce;
(E) while criminals freely move from State to State, ordinary citizens and foreign visitors may fear to travel to or through certain parts of the country due to concern about violent crime and gun violence, and parents may decline to send their children to school for the same reason;
(F) the occurrence of violent crime in school zones has resulted in a decline in the quality of education in our country;
(G) this decline in the quality of education has an adverse impact on interstate commerce and the foreign commerce of the United States;
(H) States, localities, and school systems find it almost impossible to handle gun-related crime by themselves – even States, localities, and school systems that have made strong efforts to prevent, detect, and punish gun-related crime find their efforts unavailing due in part to the failure or inability of other States or localities to take strong measures; and
(I) the Congress has the power, under the interstate commerce clause and other provisions of the Constitution, to enact measures to ensure the integrity and safety of the Nation's schools by enactment of this subsection.
(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.
(B) Subparagraph (A) does not apply to the possession of a firearm -
(i) on private property not part of school grounds;
(ii) if the individual possessing the firearm is licensed to do so by the State in which the school zone is located or a political subdivision of the State, and the law of the State or political subdivision requires that, before an individual obtains such a license, the law enforcement authorities of the State or political subdivision verify that the individual is qualified under law to receive the license;
(iii) that is -
(I) not loaded; and
(II) in a locked container, or a locked firearms rack that is on a motor vehicle;
(iv) by an individual for use in a program approved by a school in the school zone;
(v) by an individual in accordance with a contract entered into between a school in the school zone and the individual or an employer of the individual;
(vi) by a law enforcement officer acting in his or her official capacity; or
(vii) that is unloaded and is possessed by an individual while traversing school premises for the purpose of gaining access to public or private lands open to hunting, if the entry on school premises is authorized by school authorities.
(3)(A) Except as provided in subparagraph (B), it shall be unlawful for any person, knowingly or with reckless disregard for the safety of another, to discharge or attempt to discharge a firearm that has moved in or that otherwise affects interstate or foreign commerce at a place that the person knows is a school zone.
(B) Subparagraph (A) does not apply to the discharge of a firearm -
(i) on private property not part of school grounds;
(ii) as part of a program approved by a school in the school zone, by an individual who is participating in the program;
(iii) by an individual in accordance with a contract entered into between a school in a school zone and the individual or an employer of the individual; or
(iv) by a law enforcement officer acting in his or her official capacity.
(4) Nothing in this subsection shall be construed as preempting or preventing a State or local government from enacting a statute establishing gun free school zones as provided in this subsection.

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