Page 2 of 2

Re: School Parking lot again

Posted: Wed Aug 17, 2011 10:39 am
by rm9792
Might prove entertaining to sprinkle gunpowder all over the parking lots on sniffer day.

Re: School Parking lot again

Posted: Thu Aug 18, 2011 4:01 am
by RPB
Assuming you have a CHL issued by the State in which the school is located: (for GFSZ Act exemption)
AEA wrote:You might also consider that by pressing the law (bringing it to their attention) they may implement a "Policy".

That "Policy" would only apply to employment (if they wanted to keep their jobs), not to students or general public.

If I were you, I would just forget about it until we get a clarification and determination by the Texas AG.

You may win the fight, but loose the war.

Just put your gun in your vehicle and keep your mouth shut (you are not illegal). Do they have a "Policy" to search cars at random?
Human resources depts aren't lawyers
Dist attys aren't going to research an answer for a random phone call

obviously it isn't illegal
if no policy exists, why make the wheel squeak to draw attention that one should be written forbidding employees?



Kinda like the Walgreens near me has chewing gum melting all over the parking lot where kids spit it out so it sticks to your shoe when getting in the car. Might not be a law against it, but if I go in and ask permission to spit ....they'll probably put up a sign (Not sayin' I think sticky shoes are good; really irritated me, but it makes the point; no law broken; forgiveness is easier to get than permission if no law is broken/and concealed is concealed) [oh, I don't spit gum in concrete, I wrap it in paper, deposit in a garbage can.]

Re: School Parking lot again

Posted: Thu Aug 18, 2011 5:08 pm
by stdrbs14
The whole situation started when another teacher asked our SRO this question and he said it was illegal. I informed of the above and then we talked about it for a while. I have dropped the matter and all is well. Thanks for the help and any future info that is given.

Re: School Parking lot again

Posted: Thu Aug 18, 2011 6:26 pm
by CC Italian
Like Charles always says "You might beat the rap but not the ride". All I can tell you are how the police department would respond in the school district I work for. If somehow they found out you where carrying on a school field they would at the very least disarm and detain you. Of course you said this was not a school sponsored game. In my district there are always officers at school sponsored games. Just always remember that just because it is legal doesn't mean you won't get harassed if an officer asks for ID or maybe someone sees a bulge or something like that. School districts are hyper sensitive about guns anywhere on school property, parking lot included!

Also, my school district does have a policy against firearms on all school property for employees. Immediate termination are the words used in the contract. These policies are more common in suburbs and major cities. I don't know of a rural district that has this policy but then again I have never worked in a rural school district.

Re: School Parking lot again

Posted: Thu Aug 18, 2011 7:45 pm
by C-dub
barres wrote:
AEA wrote:Do they have a "Policy" to search cars at random?
I don't know if the school district in question has a policy stating as much, but it is quite common (at least here) for the PD to bring dogs through the parking lot sniffing for drugs and guns. I had an acquaintance who was arrested for having his deer rifle in his vehicle for either before- or after-school hunting (IIRC, that was almost 20 years ago and he wasn't all that close of an acquaintance). I also had a friend who taught at a local school, and the dogs alerted on his truck from spent brass that had been in the bed for a week or two during some rainy times. Those dogs have some very talented noses.
Barres, are you sure you're remembering this correctly?

It would be interesting to know just what this acquaintance was arrested for. I don't honestly know, but was having a gun or long gun in one's car on a college campus illegal 20 year ago? I'm sure it was against school policy, but what about the law? Could he have been arrested and then the charges were dropped once they figured out he hadn't broken any laws?

The part in red for some dogs is a big understatement.

Re: School Parking lot again

Posted: Sat Aug 20, 2011 2:10 am
by Bullwhip
barres wrote:I also had a friend who taught at a local school, and the dogs alerted on his truck from spent brass that had been in the bed for a week or two during some rainy times. Those dogs have some very talented noses.
That right there works against them having probably cause to search. If the dogs hit on old brass in the rain it means they don't have good reason to think there's a gun inside.

Re: School Parking lot again

Posted: Sun Aug 21, 2011 9:22 pm
by TexasAggie09
howdy wrote:Get a copy of the 2007-2008 "Texas Concealed Handgun Laws" handbook. (They came with the CHL application packets that were sent out in the past). In the back of the book, there are several questions with answers given. On Pg 71, the question is "Can a license holder have a handgun in the license holder's vehicle in a school parking lot?" The answer is "A license holder is not prohibited from having a handgun in his or her vehicle in a school parking lot. (School employees should know and comply with their employer's policy on this point). However, it is a criminal offense for any person who is on school property to exhibit, use, or threaten to use a firearm."

Go to this web site http://www.texaschllicense.com/document ... l-laws.pdf" onclick="window.open(this.href);return false; to see the handbook and go to pg 71...about 1/2 way down the page.
So we can carry in a school parking lot but if we use it, even in the most dire and straight-cut circumstances, thats against the law? Sounds dumb to me! That's like saying you can own a car but if you drive it, you're in trouble.

Re: School Parking lot again

Posted: Sun Aug 21, 2011 10:01 pm
by rm9792
There are exceptions for use, self defense for example. May take a ride but will likely go home later.

Re: School Parking lot again

Posted: Tue Aug 23, 2011 9:56 am
by barres
C-dub wrote:
barres wrote:
AEA wrote:Do they have a "Policy" to search cars at random?
I don't know if the school district in question has a policy stating as much, but it is quite common (at least here) for the PD to bring dogs through the parking lot sniffing for drugs and guns. I had an acquaintance who was arrested for having his deer rifle in his vehicle for either before- or after-school hunting (IIRC, that was almost 20 years ago and he wasn't all that close of an acquaintance). I also had a friend who taught at a local school, and the dogs alerted on his truck from spent brass that had been in the bed for a week or two during some rainy times. Those dogs have some very talented noses.
Barres, are you sure you're remembering this correctly?

It would be interesting to know just what this acquaintance was arrested for. I don't honestly know, but was having a gun or long gun in one's car on a college campus illegal 20 year ago? I'm sure it was against school policy, but what about the law? Could he have been arrested and then the charges were dropped once they figured out he hadn't broken any laws?

The part in red for some dogs is a big understatement.
Sorry, I should have made my post a little clearer. These were both incidents occurring on local school district campuses, not a college campus, so the Gun Free School Zone was the basis for the PD's actions. And nothing came of my friend who had the spent brass. The dog alerting gave the officer(s) PC to ask for consent to a more thorough search (and I'm sure they could have gotten a search warrant if the consent wasn't given), which showed nothing but the spent brass, so, other than being pulled out of class for about 15 - 20 minutes, there were no consequences for my friend.