Carrying on school grounds

CHL discussions that do not fit into more specific topics

Moderators: carlson1, Charles L. Cotton, longtooth

Carrying on school grounds

Postby Truck » Sun Apr 04, 2010 2:51 pm

My wife is not a high school employee, but she is an employee with a contractor at a high school and works there on a regular basis. We know she cannot carry inside the school, but is it legal to leave her weapon locked and secured in her vehicle while she is inside the school?
Truck
Junior Member
 
Posts: 8
Joined: Sat Nov 11, 2006 11:18 am
Location: La Porte

Re: Carrying on school grounds

Postby tacticool » Sun Apr 04, 2010 3:13 pm

If she has a CHL, issued by the state where she works, I think it's legal but IANAL.

You didn't ask about policy, but if it violates school policy, they can fire her for violating policy, even if it's legal. Same as wearing inappropriate clothing.
When in doubt
Vote them out!
User avatar
tacticool
Senior Member
 
Posts: 1419
Joined: Tue May 12, 2009 2:41 pm

Re: Carrying on school grounds

Postby GhostTX » Sun Apr 04, 2010 3:36 pm

Until she crosses a fence or doorway, she's OK.

Code: Select all
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)  "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.
XD40 Service in Supertuck
"Self-government won't work without self-discipline." - Paul Harvey
GhostTX
Member
 
Posts: 116
Joined: Thu Feb 26, 2009 10:57 am
Location: Sherman

Re: Carrying on school grounds

Postby The Habernatho » Sun Apr 04, 2010 10:11 pm

Yep as long as the has a CHL locked in the car is ok. :iagree:
The Habernatho
Member
 
Posts: 81
Joined: Sun Nov 22, 2009 12:51 pm
Location: Nacogdoches

Re: Carrying on school grounds

Postby G26ster » Sun Apr 04, 2010 10:25 pm

The Habernatho wrote:Yep as long as the has a CHL locked in the car is ok. :iagree:


Having a CHL should have nothing to do with it.

Sec. 46.03. PLACES WEAPONS PROHIBITED. (a) A person commits an offense if the person intentionally, knowingly, or recklessly possesses or goes with a firearm, illegal knife, club, or prohibited weapon listed in Section 46.05(a):

(1) on the physical premises of a school or educational institution, any grounds or building on which an activity sponsored by a school or educational institution is being conducted, or a passenger transportation vehicle of a school or educational institution, whether the school or educational institution is public or private, unless pursuant to written regulations or written authorization of the institution;

(c) In this section:

(1) "Premises" has the meaning assigned by Section 46.035.

Sec. 46.035.

(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.
User avatar
G26ster
Senior Member
 
Posts: 1909
Joined: Wed Feb 03, 2010 5:28 pm
Location: DFW

Re: Carrying on school grounds

Postby boomerang » Sun Apr 04, 2010 10:35 pm

G26ster wrote:
The Habernatho wrote:Yep as long as the has a CHL locked in the car is ok. :iagree:


Having a CHL should have nothing to do with it.

I agree for Texas law. But there's also Federal law to consider.
"Ees gun! Ees not safe!"
User avatar
boomerang
Senior Member
 
Posts: 2629
Joined: Thu Sep 13, 2007 11:06 pm

Re: Carrying on school grounds

Postby G26ster » Sun Apr 04, 2010 10:48 pm

boomerang wrote:
G26ster wrote:
The Habernatho wrote:Yep as long as the has a CHL locked in the car is ok. :iagree:


Having a CHL should have nothing to do with it.

I agree for Texas law. But there's also Federal law to consider.


Sure, but I was just addressing the statement that she would be OK because she had a CHL. The Texas law says, "A person..." and not "A license holder..."
User avatar
G26ster
Senior Member
 
Posts: 1909
Joined: Wed Feb 03, 2010 5:28 pm
Location: DFW

Re: Carrying on school grounds

Postby boomerang » Sun Apr 04, 2010 10:55 pm

But there's also Federal law to consider.
"Ees gun! Ees not safe!"
User avatar
boomerang
Senior Member
 
Posts: 2629
Joined: Thu Sep 13, 2007 11:06 pm

Re: Carrying on school grounds

Postby G26ster » Sun Apr 04, 2010 11:05 pm

boomerang wrote:But there's also Federal law to consider.
Yes :iagree:
User avatar
G26ster
Senior Member
 
Posts: 1909
Joined: Wed Feb 03, 2010 5:28 pm
Location: DFW

Re: Carrying on school grounds

Postby The Annoyed Man » Sun Apr 04, 2010 11:31 pm

G26ster wrote:
boomerang wrote:But there's also Federal law to consider.
Yes :iagree:

Correct, and without the CHL, she would be in violation of the federal gun exclusion zone.
"Give me Liberty, or I'll get up and get it myself." — Me
"History does not entrust the care of freedom to the weak or timid." — Dwight D. Eisenhower
"A ragamuffin knows he’s only a beggar at the door of God’s mercy." — the "Ragamuffin" movie
User avatar
The Annoyed Man
Senior Member
 
Posts: 16435
Joined: Wed Jan 16, 2008 12:59 pm
Location: Grapevine, Texas

Re: Carrying on school grounds

Postby G26ster » Mon Apr 05, 2010 12:16 am

Gochta.
User avatar
G26ster
Senior Member
 
Posts: 1909
Joined: Wed Feb 03, 2010 5:28 pm
Location: DFW


Return to General Texas CHL Discussion

Who is online

Users browsing this forum: BigBangSmallBucks, Bing [Bot], MeMelYup and 14 guests