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School teacher with LTC
Posted: Tue Jan 16, 2018 1:16 pm
by mloamiller
As I understand it, the Motorist Protection Act prevents employers from prohibiting employees from keeping a gun in their locked car in a company parking lot. There are some exemptions from this protection, one being a school. Therefore, the MPA does not cover a teacher keeping their gun in their car in the school parking lot.
I think there was a recently passed law that extended this protection to teachers' with an LTC - they are now allowed to keep a gun in their car in the school parking lot. Teachers without an LTC still can't.
Am I correct? If so, can someone cite the new law that was passed?
Re: School teacher with LTC
Posted: Tue Jan 16, 2018 2:05 pm
by Flightmare
S.B. No. 1566
http://www.legis.state.tx.us/tlodocs/85 ... 01566F.htm
Sec. 37.0815. TRANSPORTATION OR STORAGE OF FIREARM AND
AMMUNITION BY LICENSE HOLDER IN SCHOOL PARKING AREA. (a) A school
district or open-enrollment charter school may not prohibit a
person, including a school employee, who holds a license to carry a
handgun under Subchapter H, Chapter 411, Government Code, from
transporting or storing a handgun or other firearm or ammunition in
a locked, privately owned or leased motor vehicle in a parking lot,
parking garage, or other parking area provided by the district or
charter school, provided that the handgun, firearm, or ammunition
is not in plain view.
Emphasis mine
Re: School teacher with LTC
Posted: Tue Jan 16, 2018 2:33 pm
by oohrah
And to clarify, it is not MPA that allows handguns in vehicles on private employer lots. In 2011, SB 321 added Sections 52.061 through 52.064 of Subchapter G to Chapter 52 of the Texas Labor Code. This is the one did not include school parking lots.
Re: School teacher with LTC
Posted: Tue Jan 16, 2018 2:41 pm
by jmorris
No, the MPA has nothing to do with leaving your firearm in your vehicle in an employer parking lot. Labor Code Section 52.061 stops employers from preventing you from storing you firearm in you vehicle whether you have a LTC or not. Flightmare gave you the code for schools BUT under MPA you'd be in violation of GFSZ.
(Edit: I really need to pay attention when it tells me someone else has posted)
Re: School teacher with LTC
Posted: Tue Jan 16, 2018 2:50 pm
by oohrah
The big difference to understand is that anybody can vehicle carry under MPA and the employer parking lot law. Only LTCs can keep firearms in vehicles on school parking lots.
Re: School teacher with LTC
Posted: Tue Jan 16, 2018 4:27 pm
by WTR
What would the law be if you are an independent contractor working and parking on an owners right of way ( there is no parking lot) and they verbally tell you that no firearms are allowed on their property.
Re: School teacher with LTC
Posted: Tue Jan 16, 2018 5:00 pm
by Greybeard
Non-lawyer here with typical lawyer answer: "It depends".
In my view, the most common use of "right of way" involves land adjacent to a
public road, where an adjacent landowner would have little or no say. If an "easement", then maybe. A link for your review.
https://info.courthousedirect.com/blog/ ... ght-of-way
Re: School teacher with LTC
Posted: Wed Jan 17, 2018 8:58 am
by oohrah
WTR wrote:What would the law be if you are an independent contractor working and parking on an owners right of way ( there is no parking lot) and they verbally tell you that no firearms are allowed on their property.
In my IANAL opinion, the firearm is not on their property, it is in your property. No one can dictate what you can legally do in your vehicle. Besides, concealed is concealed (as required.). And you're not trespassing if they gave you permission to park there.
Re: School teacher with LTC
Posted: Wed Jan 17, 2018 2:04 pm
by nightmare69
I worked for a school for over 10yrs. The “parking lot law” of 2011 had a list of exemptions and on the second line it read, “K-12 school districts”. Unless the law had changed schools have the right to ban firearms on any and al school property including inside your locked, personal vehicle.
Re: School teacher with LTC
Posted: Wed Jan 17, 2018 2:10 pm
by Flightmare
nightmare69 wrote:I worked for a school for over 10yrs. The “parking lot law” of 2011 had a list of exemptions and on the second line it read, “K-12 school districts”. Unless the law had changed schools have the right to ban firearms on any and al school property including inside your locked, personal vehicle.
See above. The law changed this last session.
Re: School teacher with LTC
Posted: Wed Jan 17, 2018 2:12 pm
by nightmare69
Flightmare wrote:nightmare69 wrote:I worked for a school for over 10yrs. The “parking lot law” of 2011 had a list of exemptions and on the second line it read, “K-12 school districts”. Unless the law had changed schools have the right to ban firearms on any and al school property including inside your locked, personal vehicle.
See above. The law changed this last session.
That’s great!
Re: School teacher with LTC
Posted: Sun Apr 22, 2018 11:35 am
by billypat
The "New" Version of the LTC-16 (now 88( came out in February of 2018. I was going through it. Am I correct when I say there is no mention or reference to HB 1566 Sec. 37.0815 in it anywhere? Maybe I'm just too blind to see, please tell me where.
Re: School teacher with LTC
Posted: Sun Apr 22, 2018 2:35 pm
by Keith B
billypat wrote:The "New" Version of the LTC-16 (now 88( came out in February of 2018. I was going through it. Am I correct when I say there is no mention or reference to HB 1566 Sec. 37.0815 in it anywhere? Maybe I'm just too blind to see, please tell me where.
Page 80 covers the parking lot law and exceptions
https://www.dps.texas.gov/InternetForms ... LTC-16.pdf
Re: School teacher with LTC
Posted: Sun May 27, 2018 3:24 pm
by billypat
You are correct it does cover parking lot laws. However, it does not address S.B. No 1566 Sec 37.0815 Transportation or Storage of Firearm and Ammunition by License Holder in School Parking Lot. Effective September 1, 2017.
Re: School teacher with LTC
Posted: Sun May 27, 2018 5:06 pm
by Keith B
billypat wrote: ↑Sun May 27, 2018 3:24 pm
You are correct it does cover parking lot laws. However, it does not address S.B. No 1566 Sec 37.0815 Transportation or Storage of Firearm and Ammunition by License Holder in School Parking Lot. Effective September 1, 2017.
Correct. You can see that here
https://statutes.capitol.texas.gov/SOTW ... /ED.37.htm
Sec. 37.0815. TRANSPORTATION OR STORAGE OF FIREARM AND AMMUNITION BY LICENSE HOLDER IN SCHOOL PARKING AREA. (a) A school district or open-enrollment charter school may not prohibit a person, including a school employee, who holds a license to carry a handgun under Subchapter H, Chapter 411, Government Code, from transporting or storing a handgun or other firearm or ammunition in a locked, privately owned or leased motor vehicle in a parking lot, parking garage, or other parking area provided by the district or charter school, provided that the handgun, firearm, or ammunition is not in plain view.
(b) This section does not authorize a person to possess, transport, or store a handgun, a firearm, or ammunition in violation of Section 37.125 of this code, Section 46.03 or 46.035, Penal Code, or other law.
Added by Acts 2017, 85th Leg., R.S., Ch. 925 (S.B. 1566), Sec. 13, eff. September 1, 2017.