living next to school w/o CHL

[muminiasty]

Hello everyone, first I wanted to thank you for creating such informative forum. I have been reading it for past few days, it is entertaining and informative.

I' m very new to the idea of owning a gun, but I finally decided to do some research. As of now what Im interested in is getting a handgun, keep it at home and take it out to the range to learn how to shoot. I live across from two schools actually and I wanted to know if there is a way to transport my gun so it is not illegal to be driving close to schools? Have it apart? inside the plastic case? Thank you for your time. (Austin TX)

[RoyGBiv]

There are several layers to the answer and I am not a lawyer... This is just my personal opinion, but I'll try to back it up with references where possible. You should seek the counsel of an attorney licensed to practice in TX for a complete and legal answer..


1. Federal Law
2. State Law...

1. The Gun free school zone act is FEDERAL law...
http://en.wikipedia.org/wiki/Gun-Free_S ... of_the_law" onclick="window.open(this.href);return false; (more complete: http://www.law.cornell.edu/uscode/text/18/922" onclick="window.open(this.href);return false;)
Here is a portion that is relevant to your question...

(B) Subparagraph (A) does not apply to the possession of a firearm—
(i) on private property not part of school grounds;
........
(iii) that is— (I) not loaded; and (II) in a locked container, or a locked firearms rack that is on a motor vehicle;

2. By State Law.... http://www.statutes.legis.state.tx.us/D ... /PE.46.htm" onclick="window.open(this.href);return false;
relevant to your answer...

Sec. 46.11. PENALTY IF OFFENSE COMMITTED WITHIN WEAPON-FREE SCHOOL ZONE. (a) Except as provided by Subsection (b), the punishment prescribed for an offense under this chapter is increased to the punishment prescribed for the next highest category of offense if it is shown beyond a reasonable doubt on the trial of the offense that the actor committed the offense in a place that the actor knew was:
(1) within 300 feet of the premises of a school; or
(2) on premises where:
(A) an official school function is taking place; or
(B) an event sponsored or sanctioned by the University Interscholastic League is taking place.

So... again this is my OPINION and not legal advice...

If you are at home, within 300 feet of a school, or if you are walking/driving past a school with a legally-owned firearm, the State of Texas is OK with that. However, if you commit a weapons offense (anything in Chapter 46) while in possession of that weapon in a school zone, the offense gets bumped up to the next higher category (from Felony C to Felony B, for example) for having the weapon within 300 feet of a school boundary (think property line, not building location).

The Federal law defines the "zone" as 1000 feet. However, the Federal law "does not apply" to private property, so, you are OK on your own property. However, when you go to the range, Federal law requires that the firearm be "(I) not loaded; and (II) in a locked container, or a locked firearms rack that is on a motor vehicle" from the moment the weapon leaves your property until you are at least 1000 feet from any school.

IF you have a CHL issued by Texas, you can carry in a GFSZ in Texas.
If you have a CHL (equivalent) issued by Florida, you can carry in a GFSZ in Florida.
If you ONLY have a CHL issued by Texas, you can NOT carry in a GFSZ in Florida.

From: http://www.law.cornell.edu/uscode/text/18/922" onclick="window.open(this.href);return false;

(q)(2)
(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 hope that's helpful...

And... In case you missed it above... I am not a lawyer. This is just my opinion.

[Tic Tac]

Hello everyone, first I wanted to thank you for creating such informative forum. I have been reading it for past few days, it is entertaining and informative.

I' m very new to the idea of owning a gun, but I finally decided to do some research. As of now what Im interested in is getting a handgun, keep it at home and take it out to the range to learn how to shoot. I live across from two schools actually and I wanted to know if there is a way to transport my gun so it is not illegal to be driving close to schools? Have it apart? inside the plastic case? Thank you for your time. (Austin TX)

Unloaded and locked in the trunk will keep you legal, assuming you're not a felon or other prohibited person.

[nyj]

Hello everyone, first I wanted to thank you for creating such informative forum. I have been reading it for past few days, it is entertaining and informative.

I' m very new to the idea of owning a gun, but I finally decided to do some research. As of now what Im interested in is getting a handgun, keep it at home and take it out to the range to learn how to shoot. I live across from two schools actually and I wanted to know if there is a way to transport my gun so it is not illegal to be driving close to schools? Have it apart? inside the plastic case? Thank you for your time. (Austin TX)

Unloaded and locked in the trunk will keep you legal, assuming you're not a felon or other prohibited person.

Uh, H.B 1815? It's not illegal to keep a loaded gun in the car without a CHL.

[Tic Tac]

Hello everyone, first I wanted to thank you for creating such informative forum. I have been reading it for past few days, it is entertaining and informative.

I' m very new to the idea of owning a gun, but I finally decided to do some research. As of now what Im interested in is getting a handgun, keep it at home and take it out to the range to learn how to shoot. I live across from two schools actually and I wanted to know if there is a way to transport my gun so it is not illegal to be driving close to schools? Have it apart? inside the plastic case? Thank you for your time. (Austin TX)

Unloaded and locked in the trunk will keep you legal, assuming you're not a felon or other prohibited person.

Uh, H.B 1815? It's not illegal to keep a loaded gun in the car without a CHL.

I though he asked about Federal school zones. If not, sorry for misunderstanding the question.

[RoyGBiv]

Hello everyone, first I wanted to thank you for creating such informative forum. I have been reading it for past few days, it is entertaining and informative.

I' m very new to the idea of owning a gun, but I finally decided to do some research. As of now what Im interested in is getting a handgun, keep it at home and take it out to the range to learn how to shoot. I live across from two schools actually and I wanted to know if there is a way to transport my gun so it is not illegal to be driving close to schools? Have it apart? inside the plastic case? Thank you for your time. (Austin TX)

Unloaded and locked in the trunk will keep you legal, assuming you're not a felon or other prohibited person.

Uh, H.B 1815? It's not illegal to keep a loaded gun in the car without a CHL.

Yes it is... If you are off of your private property and drive within 1000 feet of a school property line ("school zone") and don't have a CHL from the state you are driving in, you are in violation of the Federal GFSZA. Texas has no issues with it, but GFSZA does.

See links in my post above.

"Flypaper Laws"....

[nyj]

You guys expect me to read what the OP said????

[trentwhite778]

MPA law is for having a readily accessible concealed and loaded firearm with you in the car. The exception is school zones so without a CHL which trumps that exception, you can't be within 1000 feet of a school (unless on your property) with a concealed LOADED gun. But, I'm sure that if it's unloaded and stored in a box in the trunk or back seat you're perfectly fine.

Good question.

[Rifleman55]

I live not far from a school, I have a CHL so don't care about the gfz, The major highway that I use goes by an elementary, and a high school, their property butts up against said highway.
The question is what do travelers do that are carrying firearms supposed to do, many are from out of town and don't know about the school zone until they are in it. Many carry handguns under the mpa.

[Oldgringo]

Keep yourself and your concealed gun off of school property and you shouldn't have any problems.

I'm not a lawyer....either.

[jmra]

Keep yourself and your concealed gun off of school property and you shouldn't have any problems.

I'm not a lawyer....either.

GFSZA is usually something they tack on to other charges.

[tommyg]

The Fed law about school zones is a trap for innocent gun owners. I have a CHL I was staying in a hotel in
Houston I walked out of the hotel carrying. There was an elementary school right next to the hotel. I was
unaware of the school at the time I checked in the night before. Since I have a Texas CHL no worry but
this could be a horrible trap for a traveler from another state.

I'm sure that the trouble makers that shoot up schools respect federal law and obey gun free zone laws

[Abraham]

muminiasty,

If you're eligible, why not get a CHL?

[jmra]

The Fed law about school zones is a trap for innocent gun owners. I have a CHL I was staying in a hotel in
Houston I walked out of the hotel carrying. There was an elementary school right next to the hotel. I was
unaware of the school at the time I checked in the night before. Since I have a Texas CHL no worry but
this could be a horrible trap for a traveler from another state.

I'm sure that the trouble makers that shoot up schools respect federal law and obey gun free zone laws

One way around it - If you buy a gun completely manufactured and purchased in the state of Texas, GFSZA doesn't apply.

[bigbang]

The Fed law about school zones is a trap for innocent gun owners. I have a CHL I was staying in a hotel in
Houston I walked out of the hotel carrying. There was an elementary school right next to the hotel. I was
unaware of the school at the time I checked in the night before. Since I have a Texas CHL no worry but
this could be a horrible trap for a traveler from another state.

I'm sure that the trouble makers that shoot up schools respect federal law and obey gun free zone laws

One way around it - If you buy a gun completely manufactured and purchased in the state of Texas, GFSZA doesn't apply.

Based on prior DOJ positions, the metal would have to be mined and refined in Texas to have a prayer of that defense working. Even then there's no guarantee you'll be acquitted. Remember that farmer who was railroaded because growing crops to feed his family affected interstate commerce?