Felony Enhancement Gun Free Zone to CHL holder?

[jmra]

Me being an old man this smells like a troll.

That's why I posed the question in the first response to the OP.

[Selcouth]

So do any educators leave their firearm in their vehicle while they are working?

[Jumping Frog]

So do any educators leave their firearm in their vehicle while they are working?

Sure, why wouldn't they? If it violates employment policy, they might get fired but it is not a criminal offense.

[sjfcontrol]

What else is there to do in a school parking lot late at night besides drinking? :P

Algebra

Isn't Algebra a terrorist organizaiton? I thought it was when i was having to do it in school.

Interesting you should ask…

From the new "Cosmos" series.

http://io9.com/cosmos-explains-why-scie ... 1559677794" onclick="window.open(this.href);return false;

Tyson's second master of light is Ibn al Hasan, who discovered that light travels in straight lines. Al Hasan lived in a time when the Muslim world was developing advanced notions of math and science and thrived on curiosity and intellectual freedom. To this day, our science is a parade of Al's, from algebra to algorithms, alchemy to alcohol, all derived from Arabic sources. Al Hasan himself suggested error-correcting mechanism for filtering our prejudices out of our quest for the truth.

[TEA]

What else is there to do in a school parking lot late at night besides drinking? :P

Algebra

Isn't Algebra a terrorist organizaiton? I thought it was when i was having to do it in school.

Interesting you should ask…

From the new "Cosmos" series.

http://io9.com/cosmos-explains-why-scie ... 1559677794" onclick="window.open(this.href);return false;

Tyson's second master of light is Ibn al Hasan, who discovered that light travels in straight lines. Al Hasan lived in a time when the Muslim world was developing advanced notions of math and science and thrived on curiosity and intellectual freedom. To this day, our science is a parade of Al's, from algebra to algorithms, alchemy to alcohol, all derived from Arabic sources. Al Hasan himself suggested error-correcting mechanism for filtering our prejudices out of our quest for the truth.

It is one of the great tragic ironies of history that the Muslim world moved away from this path of intellectual development in the face of a rising popular religious fundamentalism lead by the Wahabi sect. The religious extremism of groups like Al Queda and Boko Haram are bi-products of the popularization and politicization of the Wahabi sect, whose spread is heavily financed by the Suadi royal family who set up Wahabi based religious schools in poor Muslim countries in a bid to expand their clan's influence and power in the Muslim world.

As far as the OP, if he's not trolling, I suspect that there must have been some other illegal activity involved for this to even be a question. Since he also cites the Drug Free School Zone law, perhaps illegal drugs were involved?

[GeekwithaGun]

Unlawful carry if the CHL is involved or charged with illegal activity and carrying at the same time - just my thoughts, got to hear the rest of the story

That's a good point. If there was other illegal activity, say alcohol being drank on school property, then the CHL exemption could be null and void and the federal charge could possibly be brought into play.

So a CHL holder who breaks any law exposes himself to a violation of penal code 46.02?

I don't think a CHL becomes void when a person breaks some other law.

I don't beleive that ANY law being broken would, however wouldn't a drug charge be considered one of those laws? The OP said

Can the "Drug Free Gun Free Zone" be charged to enhance an Unlawful Carry by CHL holder in an empty school parking lot (late on weekend night) to a felony?

maybe i'm reading into what the OP said, but seems like there was a drug charge implied which would then also make it an unlawful carry by licensee.

[Keith B]

Sorry I took the thread into a drift. Please get back on topic.

[jbarn]

Unlawful carry if the CHL is involved or charged with illegal activity and carrying at the same time - just my thoughts, got to hear the rest of the story

That's a good point. If there was other illegal activity, say alcohol being drank on school property, then the CHL exemption could be null and void and the federal charge could possibly be brought into play.

So a CHL holder who breaks any law exposes himself to a violation of penal code 46.02?

I don't think a CHL becomes void when a person breaks some other law.

I don't beleive that ANY law being broken would, however wouldn't a drug charge be considered one of those laws? The OP said

Can the "Drug Free Gun Free Zone" be charged to enhance an Unlawful Carry by CHL holder in an empty school parking lot (late on weekend night) to a felony?

maybe i'm reading into what the OP said, but seems like there was a drug charge implied which would then also make it an unlawful carry by licensee.

Where in penal code 46.035 does it make it an additional offense if the person gets a drug charge? That asked, the inference was that an offense by a CHL holder negated his CHL and he could also be charged with UCW, which is penal code 46.02

[GeekwithaGun]

Where in penal code 46.035 does it make it an additional offense if the person gets a drug charge? That asked, the inference was that an offense by a CHL holder negated his CHL and he could also be charged with UCW, which is penal code 46.02

I, like everyone else, is making assumptions because the OP has not responded and has not clarified or given more details. I am not a lawyer or LEO and I may not have every penal code memorized and know the legalize - I know not to do illegal things while carrying and I wouldn't anyway.

I am simply "supposing", just like all the other posters in this thread, about why the OP's question was posed. Reading the question from the OP I am assuming (and I probably shouldn't assume, but its too late) that there was an arrest made for "Unlawful Carry by CHL holder". For this to happen, the CHL holder must have done something illegal while carrying under the CHL and while in the school parking lot that must not be a felony, therefore the OP is asking can the Drug/Gun Free zone charge be used to make whatever it was a felony. I guess we need to know a LOT more about what happened.

I guess I need to ask, am I wrong that if a CHL holder is carrying and does something illegal, i.e. felony or class A/B misdimeanor, that he/she can be charged with unlawful carry by a CHL holder? Also can't the LEO "charge" you with anything they deem appropriate and let the DA/Judge sort it out? This is not meant to bash LEO's, I respect what they do and how difficult the job is and the crap that they take day in and out.

[sjfcontrol]

*IS* there such a thing as a "drug-free" school zone act? Not to my knowledge.

And the only situation I'm aware of where criminal activity would affect the ability to carry would be under the MPA.
Criminal activity also impacts when self defense is justified, but that doesn't seem to apply here.

[bkj]

It seems to me that the OP reference to Enhancement makes me think he is referring to the Texas weapon-free school zone not the Fed.GFSZ

PC §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, “institution of higher education,” “premises,” and “school” have the meanings assigned by Section 481.134, Health and Safety Code.

[sjdt]

The charge was for public intoxication.Fell asleep in a parked car after taking benadryl, at 11 pm on weekend night. No field sobriety or breathalyzer.

[cb1000rider]

No field sobriety or breathalyzer.

None necessary. Discretionary and "professional opinion" based charge. Plead no-contest or spend about 10x as much fighting it.

[sjdt]

If the plea is no contest the felony apples. Worth the fight ?

[cb1000rider]

Missed it.. Arrested for PI - carrying a firearm, so upgraded to "felony PI". Yea, very much worth spending a lot of money on that, as it'll follow you for the rest of your life.