Harrold school district to staff: Pack your pistols

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jmorris
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Re: Harrold school district to staff: Pack your pistols

#106

Post by jmorris »

seamusTX wrote:Yes. CHL holders are exempt from the federal "gun-free school zone." There are some fine points, like you have to have a license from the state where you reside, and you are exempt only in the state where you reside.

- Jim
Do you have a reference? I'd like to print that and keep a copy in my truck, right along side my CHL handbook.
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KBCraig
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Re: Harrold school district to staff: Pack your pistols

#107

Post by KBCraig »

Purplehood wrote:If the Feds have declared Schools to be "Gun-free zones", how can the district allow them? Did the federal law or regulation allow exemptions?
The same way a Texas CHL can legally carry concealed within 1,000 feet of a school (the "zone" in the Gun Free School Zones Act): the GFSZA makes an exemption for anyone with a license issued by the state in which the school is located, if the license is only issued after conducted a background check.
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seamusTX
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Re: Harrold school district to staff: Pack your pistols

#108

Post by seamusTX »

The law is 18 U.S.C. § 922(q). Here's one source: http://trac.syr.edu/laws/18/18USC00922.html

This is the relevant text:
(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;
- Jim
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Purplehood
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Re: Harrold school district to staff: Pack your pistols

#109

Post by Purplehood »

So in reality, this is simply an employer no longer restricting CHL holders to carry firearms at the workplace.

Thanks for the clarification.
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seamusTX
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Re: Harrold school district to staff: Pack your pistols

#110

Post by seamusTX »

Purplehood wrote:So in reality, this is simply an employer no longer restricting CHL holders to carry firearms at the workplace.
Not quite, if you want to nitpick (and who doesn't? ;-) ).

Penal Code 46.03 makes it illegal to carry in a school unless the school administration allows it. A private employer would have to post 30.06 signs or otherwise give notice to make carrying in the workplace an offense.

However, the net effect is the same.

- Jim
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