Harris County - Public School Built Near our Home

[gamboolman]

Harris County Gun Free School Zones - New School Built Near Our Home

Wife and I are Texas CHL holders. We bought our home and property years ago in a development that was out in the "country" - pasture and unimproved land on one side and homes of a typical neighborhood towards the front. Cattle and deer were out in pasture.

After almost 10 years a public school was built on what used to be the pasture. Our fence is over 1,000 feet from the closest part of the school property.

We are outside the distance as listed in the CHL law for Texas that references 300' and also over 1,000' but not by much.

What about walking by the school - when we are walking for exercise on the public streets? We are CHL holders and carry when we go walking? Are we in violation for walking by the school - within 300' - when we are on a public street?

While we are far enough away from the school property, there are homes that are across the street from the school. Was wondering about the law for Gun Free Zones for property owners that were there before the school was built? Are they in violation?

Thank you for any advice and assistance.

[jmra]

You are fine. With your CHL you can walk right up to the buildings, you just can't go in.

[C-dub]

As CHL holders you are okay anywhere outside right up to the doorstep of any school building, except for athletic events or other school sponsored activities. There is some doubt as to school activities not on school grounds, but there is no case law on that matter and the law itself is not clear enough.

[Waco1959]

I don't have the statues in front of my at the moment so I can't quote the numbers but as a CHL you are fine as long as you stay out of the buildings OR outdoor locations where activities are occurring.

[CC Italian]

Carry away! I here people all the time who don't have chl's say that a chl holder can't carry in a gun free school zone.

I always love listening to the non chl holders at a party or social function talk about where you can and can't carry. It is funny to say the least what some people think.

Usually they are wrong about signage, places that serve alcohol, banks, and of course school zones and specifically parking lots.

[gthaustex]

No problems for you. Under Texas CHL you can, as stated previously, go up to buildings, just not in them. The 1000' Federal GFSZ Act exempts you from that distance as long as you have a CHL from the state you are in. So you are exempt here in Texas with a Texas CHL in your possession.

[CC Italian]

The 1000' Federal GFSZ Act- Honestly I wonder if this has ever been enforced in Texas? Maybe if you committed a major crime while within that 1000 feet? Otherwise it is not enforced by local law enforcement to my knowledge.

[C-dub]

Doesn't the federal law also exempt residents that live within the 1000'? I think it does.

[jmra]

Doesn't the federal law also exempt residents that live within the 1000'? I think it does.

Yes, believe it does.
The Gun Free School Zones Act of 1990 (18 U.S.C. § 922(q)) states:
(A) It shall be unlawful for any individual knowingly to possess a firearm that has moved in or that otherwise affects interstate or foreign commerce at a place that the individual knows, or has reasonable cause to believe, is a school zone.
(B) Subparagraph (A) does not apply to the possession of a firearm—
(i) on private property not part of school grounds;
(ii) if the individual possessing the firearm is licensed to do so by the State in which the school zone is located or a political subdivision of the State, and the law of the State or political subdivision requires that, before an individual obtains such a license, the law enforcement authorities of the State or political subdivision verify that the individual is qualified under law to receive the license;

[tommyg]

If you are carrying with an out of state license the exemption does not apply.
Another reason not to get a Florida license to save a few $$$$$



Most of the signs that I have seen on banks are not valid. Do Not educate
those who put up gun buster signs It will cause them to put up valid signs.

[MeMelYup]

Doesn't the federal law also exempt residents that live within the 1000'? I think it does.

Yes, believe it does.
The Gun Free School Zones Act of 1990 (18 U.S.C. § 922(q)) states:
(A) It shall be unlawful for any individual knowingly to possess a firearm that has moved in or that otherwise affects interstate or foreign commerce at a place that the individual knows, or has reasonable cause to believe, is a school zone.
(B) Subparagraph (A) does not apply to the possession of a firearm—
(i) on private property not part of school grounds;
(ii) if the individual possessing the firearm is licensed to do so by the State in which the school zone is located or a political subdivision of the State, and the law of the State or political subdivision requires that, before an individual obtains such a license, the law enforcement authorities of the State or political subdivision verify that the individual is qualified under law to receive the license;

I like the part where the law requires a person to be licensed, to own or poses a firearm within 1000 of a school.

[AEA]

How does this work for TX residents carrying under the MPA?

[Jim88]

A buddy of mine is a lawyer (and certainly not one who is an expert on gun laws by his own admission) who said his understanding of the idea behind "gun free zones" isn't so much that a non-chl holder can't have a gun within that zone. It's that if you commit a crime, the charges can be bumped up even if the gun being carried had nothing to do with the crime. For example, a simple assault could be bumped up to aggravated assault though the gun may have been left in a car, backpack, etc. My guess is that it started as an idea to really throw the book at someone committing a crime against a child.

So a law-abiding CHL holder has nothing to worry about as long as you stay out of the school and other places already prohibited.

[jmra]

How does this work for TX residents carrying under the MPA?

It doesn't.

[der Teufel]

Doesn't the federal law also exempt residents that live within the 1000'? I think it does.

So, a person is okay possessing a firearm in their home within 1,000 feet of a school. What happens when they put the firearm into their vehicle and then drive out onto the street to go somewhere? Now they're no longer on private property.