30.06 in a school building

[bmontana]

Thank you barres & pedalman for your replies. I checked my district's employee handbook and found the following policy.

Employees, visitors, and students are prohibited from bringing firearms, knives, clubs or other
prohibited weapons onto school premises (i.e., building or portion of a building) or any grounds
or building where a school-sponsored activity takes place. To ensure the safety of all persons,
employees who observe or suspect a violation of the District’s weapons policy should report it to
their supervisors or call one of the superintendents immediately.

So, it looks like storing my CCW in my car in the school parking lot is ok.

Thanks again.

[Kalrog]

Thank you barres & pedalman for your replies. I checked my district's employee handbook and found the following policy.

Employees, visitors, and students are prohibited from bringing firearms, knives, clubs or other
prohibited weapons onto school premises (i.e., building or portion of a building) or any grounds
or building where a school-sponsored activity takes place. To ensure the safety of all persons,
employees who observe or suspect a violation of the District’s weapons policy should report it to
their supervisors or call one of the superintendents immediately.

So, it looks like storing my CCW in my car in the school parking lot is ok.

Thanks again.

That would be my interpretation as well.

[NcongruNt]

Thank you barres & pedalman for your replies. I checked my district's employee handbook and found the following policy.

Employees, visitors, and students are prohibited from bringing firearms, knives, clubs or other
prohibited weapons onto school premises (i.e., building or portion of a building) or any grounds
or building where a school-sponsored activity takes place. To ensure the safety of all persons,
employees who observe or suspect a violation of the District’s weapons policy should report it to
their supervisors or call one of the superintendents immediately.

So, it looks like storing my CCW in my car in the school parking lot is ok.

Thanks again.

That would be my interpretation as well.

Yup, looks like the took the wording straight from the penal code. Good to hear of a district that doesn't take the extra non-sensical rule-making liberties that most others seem to.

[DoubleJ]

Isn't there a federal issue here if you don't have your CHL?

what about even if you do have your CHL, and since you're leaving it in the car, it's not being carried under that authority of your CHL?






oi, don't let me theoretical this thing to death...

[barres]

Yes, you could be prosecuted on the federal statutes if you were carrying under the authority now granted under PC 46.02 to carry in your vehicle. But nobody seems to ever be prosecuted solely for that, because federal prosecutors don't want the law challenged, again, and it to be found unconstitutional, again.

You also must have a license to carry issued by the state you are in in order to be exempt from the "Gun Free School Zone" law, IIRC. My Texas CHL won't exempt me from a school zone if I travel to Louisianna, even though we have reciprocity with them.

[bmontana]

Yes, you could be prosecuted on the federal statutes if you were carrying under the authority now granted under PC 46.02 to carry in your vehicle. But nobody seems to ever be prosecuted solely for that, because federal prosecutors don't want the law challenged, again, and it to be found unconstitutional, again.

You also must have a license to carry issued by the state you are in in order to be exempt from the "Gun Free School Zone" law, IIRC. My Texas CHL won't exempt me from a school zone if I travel to Louisianna, even though we have reciprocity with them.

That's interesting. Where in the code are CHL holders exempted from the "Gun Free School Zone" law?

[KBCraig]

You also must have a license to carry issued by the state you are in in order to be exempt from the "Gun Free School Zone" law, IIRC. My Texas CHL won't exempt me from a school zone if I travel to Louisianna, even though we have reciprocity with them.

That's interesting. Where in the code are CHL holders exempted from the "Gun Free School Zone" law?

http://www.law.cornell.edu/uscode/html/ ... -000-.html

(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.

[bmontana]

TITLE 18 > PART I > CHAPTER 44 > § 922
(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.

What does keeping a firearm in one's car have to do with interstate or foreign commerce?

[tornado]

TITLE 18 > PART I > CHAPTER 44 > § 922
(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.

What does keeping a firearm in one's car have to do with interstate or foreign commerce?

Was your firearm made in Texas? If not, then it "has moved in ... interstate or foreign commerce."

[LarryH]

TITLE 18 > PART I > CHAPTER 44 > § 922
(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.

What does keeping a firearm in one's car have to do with interstate or foreign commerce?

IMHO, it's a catch-all phrase that is mis-applied to "justify" Congress making a law about it. YMMV.

[Charles L. Cotton]

TITLE 18 > PART I > CHAPTER 44 > § 922
(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.

What does keeping a firearm in one's car have to do with interstate or foreign commerce?

IMHO, it's a catch-all phrase that is mis-applied to "justify" Congress making a law about it. YMMV.

You are correct. It's also the language that was left out of the first version of the federal gun free school zone statute that resulted in it being overturned. I hope it's inclusion in this version is insufficient to trigger the Commerce Clause, but it's also the only basis for LEOSA (COP-carry).

Chas.

[boomerang]

Was your firearm made in Texas? If not, then it "has moved in ... interstate or foreign commerce."

If a bible was published outside Texas, can the government regulate religion because the bible moved in interstate commerce?

[tornado]

Was your firearm made in Texas? If not, then it "has moved in ... interstate or foreign commerce."

If a bible was published outside Texas, can the government regulate religion because the bible moved in interstate commerce?

Shhhh! Don't give them any ideas. I wouldn't put it past this Congress.

But that's one more reason to have the Second Amendment. What's the saying I'm looking for? Something like "If the Second goes first, the First goes second."

[E10]

TITLE 18 > PART I > CHAPTER 44 > § 922
(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.

What does keeping a firearm in one's car have to do with interstate or foreign commerce?

It doesn't have anything to do with interstate or foreign commerce. The Congressional sponsors of the bill put in that language to justify federal interference in what is a state concern, education. I hope that whenever the first person gets arrested and tried under this federal statute, some court somewhere will declare the law unconstitutional. That's why it's important for us to elect a president who will appoint judges who interpret the constitution as it was written, not as they think it should have been.