School teacher with LTC

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locke_n_load
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Re: School teacher with LTC

#16

Post by locke_n_load » Thu Nov 01, 2018 10:38 pm

Keith B wrote:
Sun May 27, 2018 5:06 pm
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.
So I see 37.0815 passed in 2017 here, but they did not amend 52.062 which originally made it possible for schools to ban handgun storage in vehicles by teachers, which was last amended in 2015. I assume the last bill that passed has priority if their is a conflict?
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Charles L. Cotton
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Re: School teacher with LTC

#17

Post by Charles L. Cotton » Fri Nov 02, 2018 3:33 pm

locke_n_load wrote:
Thu Nov 01, 2018 10:38 pm
Keith B wrote:
Sun May 27, 2018 5:06 pm
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.
So I see 37.0815 passed in 2017 here, but they did not amend 52.062 which originally made it possible for schools to ban handgun storage in vehicles by teachers, which was last amended in 2015. I assume the last bill that passed has priority if their is a conflict?
Get ready for a law school explanation. You've been forewarned!
  • 1. Labor Code §52.01 is the parking lot law that prevents employers from prohibiting the storage of any firearm or ammo in an employee's motor vehicle, so long as that employee can legally possess firearms. The protection is not limited to LTCs; it applies to everyone.
    2. Labor Code §52.02 exempts certain employers from this protection, including school districts and charter schools. This is still good law. Remember, §51.01 covers all people all guns.
    3. Education Code §37.0815 prohibits school districts and charter schools from prohibiting LTCs from storing any gun or any ammo in their personal motor vehicles.
Although there appears to be a conflict, there is none. Labor Code §51.01/51.02 still allow schools to prohibit non-LTCs from having guns in their cars. Education Code §37.0815 protects only LTCs.

See, clear as mud.

Chas.
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billypat
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Re: School teacher with LTC

#18

Post by billypat » Tue Aug 27, 2019 5:52 pm

In respect to the 37.0815 law that was enacted. There has now been a change in District School Board Policies that is somehow skewed.
The DH(LEGAL) Update 111 6/22/2018 states: A district may not prohibit a school employee who holds a license to carry a handgun under Government Code, Chapter 411, Subchapter H, 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, provided that the handgun, firearm, or ammunition is not in plain view. Just like the 37.0815.
However the DH(LOCAL) Update 112 12/13/2018 A District employee who holds a Texas handgun license stores a handgun or other firearm in a locked vehicle in a parking lot, parking garage, or other parking area provided by the District, provided the handgun or other firearm is not loaded and not in plain view;

DH(Local) DATE ISSUED: 1/11/2019 UPDATE 112 DH(LOCAL)-B states "A District employee who holds a Texas handgun license stores ... provided the handgun or other firearm is not loaded and not in plain view." Is the "not loaded" more restricted than state law? Can schools add additional restrictions to a law that has been set to prevent restrictions on LTC holders?

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