Weapon Free School Zone?

[tbrown]

With all due respect, the US Constitution says what it says, no matter what some group of robe wearing fanatics think. I drew my line in the sand and I won't give ground to the enemies of the Constitution.

[Dave2]

With all due respect, the US Constitution says what it says, no matter what some group of robe wearing fanatics think. I drew my line in the sand and I won't give ground to the enemies of the Constitution.

Best of luck with that... you're gonna need it.

(I happen to agree with you, but I believe fighting this particular battle is fairly futile in the current political & social climate. I think a far more productive "attack" would be to point out — in a case revolving around something less controversial — that the current reading the Interstate Commerce clause of having it apply to everything that might directly, or does indirectly, affect interstate commerce would ultimately allow the federal government to regulate what I have for breakfast and the color of my socks. Since the clause was clearly put there as a check on government powers, it must logically be interpreted to only apply to direct, 1st-hand, "person or company in state A doing business directly with person or company in state B" interstate commerce. Once that gets established, this law could be challenged on the basis of a clear lack of constitutional authority and avoid all together the often emotionally-charged issue of whether or not we're collectively safer with guns around.)

[tbrown]

Best of luck with that

Thank you, and the same to you.

[Mike1951]

The extreme example of this was the farmer that chose not to sell his grain, but use it only to feed his own livestock.

He lost his case because the ruling was that by withholding his own grain from the market, he affected interstate commerce.

[Jumping Frog]

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".

[apostate]

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".

The disturbing thought is everyone carrying under MPA is also in the same boat for GFSZA. At least tbrown is aware of the risk.

[Dave2]

The extreme example of this was the farmer that chose not to sell his grain, but use it only to feed his own livestock.

He lost his case because the ruling was that by withholding his own grain from the market, he affected interstate commerce.

I was going to ask you for a link or something so that I could read the details, but then I realized that it probably wouldn't be too hard to look up myself...

So for those of you who, like me, don't know the details, here's the relevant Wikipedia entry: http://en.wikipedia.org/wiki/Wickard_v._Filburn" onclick="window.open(this.href);return false;

[Dave2]

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".

The disturbing thought is everyone carrying under MPA is also in the same boat for GFSZA. At least tbrown is aware of the risk.

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?

[Jumping Frog]

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 . . . . "

[RockingRook]

Ok, I am old and getting senile but I am confused here. The administrative offices of the HS in my area has a sign outside
with a gun and a diagonal line through it. Under it states Gun, Drug free School zone.

I have a Texas concealed handgun license. Can I legally carry there? I always was of the understanding that the only signs
that we need to look for are the 30.06 and the 51% signs. ll other signs are bogus. Is this true? The admin offices are not on the actual school class property
where guns are not allowed.

What say you?

Chuck

[Jumping Frog]

Can I legally carry there?

You can carry on the grounds but not in a building.

[RockingRook]

Can I legally carry there?

You can carry on the grounds but not in a building.

Thanks!!

Chuck

[Bullwhip]

Can someone set me straight on this? The instructor in my December CHL class stated weapon-free school zones were those posted with a weapons free sign only. And a CHL holder is not permitted to possess a firearm as he or she travels through one.

Get your money back, take another course.

No telling what else he told you that was wrong.

[Millerk420]

Here is the Texas CHL 2011-2012 hand book snippet page 38-39

PC §46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE HOLDER. (a) A license holder commits an offense if the license holder carries a handgun on or about the license holder's person under the authority of Subchapter H, Chapter 411, Government Code, and intentionally fails to conceal the handgun.
(b) A license holder commits an offense if the license holder intentionally, knowingly, or recklessly carries a handgun under the authority of Subchapter H, Chapter 411, Government Code, regardless of whether the handgun is concealed, on or about the license holder's person:
(1) on the premises of a business that has a permit or license issued under Chapter 25, 28, 32, 69, or 74, Alcoholic Beverage Code, if the business derives 51 percent or more of its income from the sale or service of alcoholic beverages for on-premises consumption, as determined by the Texas Alcoholic Beverage Commission under Section 104.06, Alcoholic Beverage Code;
(2) on the premises where a high school, collegiate, or professional sporting event or interscholastic event is taking place, unless the license holder is a participant in the event and a handgun is used in the event;
(3) on the premises of a correctional facility;
(4) on the premises of a hospital licensed under Chapter 241, Health and Safety Code, or on the premises of a nursing home licensed under Chapter 242, Health and Safety Code, unless the license holder has written authorization of the hospital or nursing home administration, as appropriate;
(5) in an amusement park; or
(6) on the premises of a church, synagogue, or other established place of religious worship.
(c) A license holder commits an offense if the license holder intentionally, knowingly, or recklessly carries a handgun under the authority of Subchapter H, Chapter 411, Government Code, regardless of whether the handgun is concealed, at any meeting of a govern-mental entity.
(d) A license holder commits an offense if, while intoxicated, the license holder carries a handgun under the authority of Subchapter H, Chapter 411, Government Code, regardless of whether the handgun is concealed.
(e) A license holder who is licensed as a security officer under Chapter 1702, Occupations Code, and employed as a security officer commits an offense if, while in the course and scope of the security officer's employment, the security officer violates a provision of Subchapter H, Chapter 411, Government Code.
(f) In this section:
(1) “Amusement park” means a permanent indoor or outdoor
TEXAS CONCEALED HANDGUN LAWS 39
facility or park where amusement rides are available for use by the public that is located in a county with a population of more than one million, encompasses at least 75 acres in surface area, is enclosed with access only through controlled entries, is open for operation more than 120 days in each calendar year, and has security guards on the premises at all times. The term does not include any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area.
(2) “License holder” means a person licensed to carry a handgun under Subchapter H, Chapter 411, Government Code.
(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.
(g) An offense under Subsection (a), (b), (c), (d), or (e) is a Class A misdemeanor, unless the offense is committed under Subsection (b)(1) or (b)(3), in which event the offense is a felony of the third degree.
(h) It is a defense to prosecution under Subsection (a) that the actor, at the time of the commission of the offense, displayed the handgun under circumstances in which the actor would have been justified in the use of deadly force under Chapter 9.

So YES, passing through a School zone, dropping your kid off at school, going to the football game and sitting in your truck or car all ok. If you have to go inside to take them a lunch or speak to a teacher or attend the game by sitting in the stands, leave it in your car/truck. You shouldn't have to worry about Federal law here. Same for Ranger games, Cowboys games, Six Flags, some churches, (Cowboy Church is ok )hospitals and nursing homes leave it in the truck/car.

[speedsix]

...churches, hospitals, and nursing homes are OK to carry concealed in UNLESS they're posted correctly with the specific signage in Texas PC 30.06 or you have been correctly notified otherwise...as spelled out in the same law...

Texas PC46.035(b)(4),(6) and (i)