Teacher arrested for gun in car at school

[Ericstac]

I just looked her up and she isn't in barrios city or city of Huston jail systems.

And she doesn't have an open case going on Chris Daniels website either.

[ScottDLS]

Schools ARE listed as an exception to the law (52.061) that keeps employers from prohibiting guns in their employees cars:

Sec. 52.062. EXCEPTIONS. (a) Section 52.061 does not:
(1) authorize a person who holds a license to carry a
concealed handgun under Subchapter H, Chapter 411, Government Code,
who otherwise lawfully possesses a firearm, or who lawfully
possesses ammunition to possess a firearm or ammunition on any
property where the possession of a firearm or ammunition is
prohibited by state or federal law; or
(2) apply to:
(A) a vehicle owned or leased by a public or
private employer and used by an employee in the course and scope of
the employee's employment, unless the employee is required to
transport or store a firearm in the official discharge of the
employee's duties;
(B) a school district;

Three pages of speculative bull finally someone posts the law rather than making an unqualified statement about the law, or what they "think" the law said... the rest of you should take a lesson from this post.

And what you apparently missed in the three pages of speculative bull was that it was already pointed out several times that the parking lot bill has an exception for employees of a school. Songbird posted the language. However, the exception simply allows the school to fire her. It does not define a third degree felony. So please inform us what we've all been speculating about...what is the woman in the article guilty of?

[texanjoker]

I just looked her up and she isn't in barrios city or city of Huston jail systems.

And she doesn't have an open case going on Chris Daniels website either.

She bonded out: (all from public info)


Offender Details
Offender Name: CHARETTA TRISHAYE KEMP
Offender ID:02662005
Date of Birth:05/16/1984
Age: 28
Race: African American
Gender: Female

Custody Status: Out of Custody
Date: 02/02/2013
Reason:Bonded out

[hillfighter]

So please inform us what we've all been speculating about...what is the woman in the article guilty of?

I don't have enough information to know if she's guilty of anything. The district clerk's website says "CARRY PROH WPN PROHBITED PLACE (F)" which sounds more like 46.03 than 46.04 but IANAL.

Does anyone know if 46.04 would be triggered by delinquent conduct at the felony level, or does it only apply to adult felony convictions?

[srothstein]

Thanks, Hillfighter. that would prove my speculation about her being a felon wrong. That would mean she is charged with violating 46.03. And, as has been said many times in this thread, she did not do that because she did not enter any buildings (that we know of).

This leads me to say one of two conclusions will be forthcoming. One is the case is dismissed after the DA reviews it and sees it does not meet the elements of the law. It might take the defense attorney pointing this out to get this to happen. The second is she gets a public defender who is in a hurry and doesn't read the law. In that case, she will take a plea bargain. I would guess that they will offer her deferred adjudication with a fine and probation, similar to the Ft. hood soldier.

I hope she gets a decent attorney or that the D.A. does the right thing.

[gdanaher]

Since this is in the Houston area, perhaps there is an attorney who reads these threads who might be willing to participate in the defense so that no hostile precedents are set.

[my04heritage]

Since this is in the Houston area, perhaps there is an attorney who reads these threads who might be willing to participate in the defense so that no hostile precedents are set.

The Michael Berry show was brodcasting this entire thing this morning. He was asking the entire listening area for assistance for the lady.

[SewTexas]

starting to sound alot like the soldier who carried in the hospital in Killeen, right?

why do our cops not know our law? someone in that office should have known she was right and it was legal! you know she was repeatedly saying it was legal!

now they are all going to look like idiots and they are going to be irritated and find something to try to charge her with, or try to drag it out, like they did in Killeen, it's a repeat.

[KaiserB]

Schools ARE listed as an exception to the law (52.061) that keeps employers from prohibiting guns in their employees cars:

Sec. 52.062. EXCEPTIONS. (a) Section 52.061 does not:
(1) authorize a person who holds a license to carry a
concealed handgun under Subchapter H, Chapter 411, Government Code,
who otherwise lawfully possesses a firearm, or who lawfully
possesses ammunition to possess a firearm or ammunition on any
property where the possession of a firearm or ammunition is
prohibited by state or federal law; or
(2) apply to:
(A) a vehicle owned or leased by a public or
private employer and used by an employee in the course and scope of
the employee's employment, unless the employee is required to
transport or store a firearm in the official discharge of the
employee's duties;
(B) a school district;

Three pages of speculative bull finally someone posts the law rather than making an unqualified statement about the law, or what they "think" the law said... the rest of you should take a lesson from this post.

And what you apparently missed in the three pages of speculative bull was that it was already pointed out several times that the parking lot bill has an exception for employees of a school. Songbird posted the language. However, the exception simply allows the school to fire her. It does not define a third degree felony. So please inform us what we've all been speculating about...what is the woman in the article guilty of?

Since MPA does not apply to school district employees; that would leave this person as a school employee (contracted or otherwise) subject to the restrictions in 46.03 (a)(1)

Scroll down a bit in your reading and you will find penalties in PC 46.03 are listed in paragraph (g)

[Keith B]

Since MPA does not apply to school district employees; that would leave this person as a school employee (contracted or otherwise) subject to the restrictions in 46.03 (a)(1)

Scroll down a bit in your reading and you will find penalties in PC 46.03 are listed in paragraph (g)

Sorry, no it wouldn't. The only thing the parking lot law does is allow schools to set policy to not permit employees to not keep a gun in their vehicle. If they ignore that policy and posses a gun in their vehilce, it may be a policy violation, but is not illegal unless they cannot legally posses it in the first place.

[texanjoker]

Trying to determine if this is true, but on the blog from that post, somebody posted 9 hours ago they read the charging document:

"...the Defendant, heretofore on or about February 1, 2013, did then and there unlawfully intentionally and knowingly, and not pursuant to written regulations and written authorization of the instituion to wit: FONDREN MIDDLE SCHOOL, go and possess in a building where activity sponsored by said (allege one-school or institution) was bing conducted, with a firearm, namely a nine mm Taurus."

[Ericstac]

This was just on the news...

http://abclocal.go.com/ktrk/story?secti ... id=8980058" onclick="window.open(this.href);return false;


Authorities say Kemp's co-worker put the gun in her car the night before, but when he tried to get it back she wouldn't give it to him.

Kemp has been a tutor at Fondren Middle since August of 2011. She was originally hired as a math tutor, but until Friday was most recently helping students with science. HISD says Kemp resigned in lieu of termination.

The district reiterates that safety is its top priority.

A law that went into effect in September 2011, makes it legal for anyone with a concealed handgun license to keep a gun locked up in their car at work, even if the workplace policy prohibits a guns on property. However, this law doesn't apply to schools and certain industrial sites.
___________________________________________________________

[jmra]

This was just on the news...

http://abclocal.go.com/ktrk/story?secti ... id=8980058" onclick="window.open(this.href);return false;


Authorities say Kemp's co-worker put the gun in her car the night before, but when he tried to get it back she wouldn't give it to him.

Kemp has been a tutor at Fondren Middle since August of 2011. She was originally hired as a math tutor, but until Friday was most recently helping students with science. HISD says Kemp resigned in lieu of termination.

The district reiterates that safety is its top priority.

A law that went into effect in September 2011, makes it legal for anyone with a concealed handgun license to keep a gun locked up in their car at work, even if the workplace policy prohibits a guns on property. However, this law doesn't apply to schools and certain industrial sites.
___________________________________________________________

Reporters can't get anything right.

[Ericstac]

This was just on the news...

http://abclocal.go.com/ktrk/story?secti ... id=8980058" onclick="window.open(this.href);return false;


Authorities say Kemp's co-worker put the gun in her car the night before, but when he tried to get it back she wouldn't give it to him.

Kemp has been a tutor at Fondren Middle since August of 2011. She was originally hired as a math tutor, but until Friday was most recently helping students with science. HISD says Kemp resigned in lieu of termination.

The district reiterates that safety is its top priority.

A law that went into effect in September 2011, makes it legal for anyone with a concealed handgun license to keep a gun locked up in their car at work, even if the workplace policy prohibits a guns on property. However, this law doesn't apply to schools and certain industrial sites.
___________________________________________________________

Reporters can't get anything right.

On the TV there was a lawyer or judge speaking saying that last paragraph.

[jmra]

This was just on the news...

http://abclocal.go.com/ktrk/story?secti ... id=8980058" onclick="window.open(this.href);return false;


Authorities say Kemp's co-worker put the gun in her car the night before, but when he tried to get it back she wouldn't give it to him.

Kemp has been a tutor at Fondren Middle since August of 2011. She was originally hired as a math tutor, but until Friday was most recently helping students with science. HISD says Kemp resigned in lieu of termination.

The district reiterates that safety is its top priority.

A law that went into effect in September 2011, makes it legal for anyone with a concealed handgun license to keep a gun locked up in their car at work, even if the workplace policy prohibits a guns on property. However, this law doesn't apply to schools and certain industrial sites.
___________________________________________________________

Reporters can't get anything right.

On the TV there was a lawyer or judge speaking saying that last paragraph.

I was referring to the story. It will change four or five times in the next few weeks until it morphs to an arsenal of M4s in the trunk.