Unlicensed wife and school pickup

[Stupid]

What does B (ii) mean? Does it mean CHL can go to school zone under federal law or does it mean it requires special license for anybody who carries in a school zone?

[LarryH]

What does B (ii) mean? Does it mean CHL can go to school zone under federal law or does it mean it requires special license for anybody who carries in a school zone?

The first is true. The holder of a Texas CHL can legally carry within a school zone in Texas as long as he/she does not enter a building or a "place where a school-sponsored activity is taking place".

[stroo]

The Federal Law really has not been enforced and some very qualified constitutional lawyers believe it would be held unconstitutional if it ever was enforced. Given the scattering of schools through our cities, anyone carrying concealed in a car without a CHL or under Texas law, legally having a rifle or shotgun in their car has violated the Federal law. Even in rural areas, if you go through any town without a CHL and with any kind of gun in the car, you have probably gone through a school zone and violated the Federal law.

Not giving legal advice here, just information for what it is worth.

[Keith B]

The Federal Law really has not been enforced and some very qualified constitutional lawyers believe it would be held unconstitutional if it ever was enforced. Given the scattering of schools through our cities, anyone carrying concealed in a car without a CHL or under Texas law, legally having a rifle or shotgun in their car has violated the Federal law. Even in rural areas, if you go through any town without a CHL and with any kind of gun in the car, you have probably gone through a school zone and violated the Federal law.

Not giving legal advice here, just information for what it is worth.

But, bottom line, the GFSZA is law and without a CHL issued from the state you are in, you are in violation with a loaded handgun, and loaded and/or unlocked long guns are period.

[particle]

To the original poster, my interpretation is that:

(B) Subparagraph (A) shall not apply to the possession of a firearm--
`(iii) which is--

`(I) not loaded; and

`(II) in a locked container

Put it all together, and in my opinion, it is legal to carry a handgun in your vehicle on school property and in school zones, so long as the handgun is unloaded, and locked up. From your original post, it doesn't sound like picking up the child(ren) is a daily occurance, so this should really only be a minor inconvenience.

[allencp78]

But the State Law says that you cannot have a weapon on school "premises". The law goes on to define "premises" as the building itself not including parking lots or driveways.

I'm gonna follow the state law and bitterly cling to the 10th Amendment.

[45 4 life]

Don't ask, don't tell, don't worry.

[texas1234]

It is better to have your CHL period. Even under the newer law that allows concealed handguns without a license in your vehicle doesnt mean you wont get arrested. I talked to a Judge at a dinner a month ago that through out a case where the motorist was arrested for having a concealed handgun and no license in the vehicle. The guy got off but not before being arrested.

[RPB]

But the State Law says that you cannot have a weapon on school "premises". The law goes on to define "premises" as the building itself not including parking lots or driveways.

I'm gonna follow the state law and bitterly cling to the 10th Amendment.

You might also want to read the posts on both pages of this thread :
http://www.texaschlforum.com/viewtopic. ... 59#p340859" onclick="window.open(this.href);return false;

Note that PENAL CODE § 46.11 PENALTY IF OFFENSE COMMITTED WITHIN WEAPON-FREE
SCHOOL ZONE(1) "Institution of higher education" and "premises"
have the meanings assigned by Section 481.134, Health and Safety
Code.

Texas Health & Safety Code - Section 481.134. Drug-Free Zones
§ 481.134. DRUG-FREE ZONES.
(a) In this section:
(4) "Premises" means real property and all buildings
and appurtenances pertaining to the real property.

EDUCATION CODE
TITLE 2. PUBLIC EDUCATION
SUBTITLE G. SAFE SCHOOLS
CHAPTER 37. DISCIPLINE; LAW AND ORDER
Sec. 37.125. EXHIBITION OF FIREARMS. (a) A person commits an offense if, in a manner intended to cause alarm or personal injury to another person or to damage school property, the person intentionally exhibits, uses, or threatens to exhibit or use a firearm:
(1) in or on any property, including a parking lot, parking garage, or other parking area, that is owned by a private or public school;