TexasCHLforum.com

Carry-a-Kimber wrote:Color me ignorant, but why can't local police enforce GFSZ?

They can, but they generally don't. It still would require the US attorney to bring the case in Federal court. The primary role of state LEOs is to enforce state laws, and they're usually busy enough doing that.

Also, I believe that the Feds are not anxious to take up a case on GFSZA where no other crime was committed because it was struck down by SCOTUS (I believe in '95), Then congress added some interstate commerce language to fix it. and there really hasn't been a clear case of someone being charged only for GFSZA violation since.

Carry-a-Kimber wrote:Color me ignorant, but why can't local police enforce GFSZ?

It seems that I recall the feds saying that local law enforcement cannot enforce federal law ... at least when it comes to immigration law. Logically the same would apply to GFSZ.

OK, so let me get this striaght.

I have a CHL, I leave my firearm in the truck in the school parking lot to go into my kids volleyball game.

Am I legal?

I think you all might of missed two important parts. First, the person arrested was NOT a teacher, as was mentioned by some in the story. She was a tutor, which is a different position and does not necessarily require a teaching license. It may be an insignificant diffeerence in most cases, but it might be a difference when you see point two.

The second point is that the news story is probably correct in the charge. She was not charged with unlawfully carrying, but with illegally possessing. It is a third degree felony for any felon to be in possession of a firearm away from their home in Texas. This would fit with all of the known facts with the only assumption being in her previous conviction. I would also bet that the school district does not want to emphasize the felon part since too many would then question the school allowing felons near the kids, no matter what the felony was.This would be my guess.

you, Mr Rothstein are brilliant!

I don't think the Tutor is being charged under 18 USC 922 the Federal Gun Free School Zone Act.
Someone "tipped off" the Authorities, how would they have known?
My guess is that she posted something like "If those little bangers come around here, I got something in my car for that!" strictly in confidence to her closest 245 friends on FB and tweeted, @FondrenTutor "I'll be strapped up today, G-Lock in the g-box", and showed the gun in the glove box to a fellow educator. If so could she have been cited for, "Exhibiting or threatening to exhibit" in a school parking lot which is a 3rd degree felony, Texas Education Code, EDC Section 37.125
just sayin...

srothstein wrote:I think you all might of missed two important parts. First, the person arrested was NOT a teacher, as was mentioned by some in the story. She was a tutor, which is a different position and does not necessarily require a teaching license. It may be an insignificant diffeerence in most cases, but it might be a difference when you see point two.

The second point is that the news story is probably correct in the charge. She was not charged with unlawfully carrying, but with illegally possessing. It is a third degree felony for any felon to be in possession of a firearm away from their home in Texas. This would fit with all of the known facts with the only assumption being in her previous conviction. I would also bet that the school district does not want to emphasize the felon part since too many would then question the school allowing felons near the kids, no matter what the felony was.This would be my guess.

ok Steve this is what ch 13 Houston had in its news story this is a direct quote with the emphasis being mine

"Kemp is to be charged with illegal possession of a weapon on campus. That's a third degree felony"

no not to say this negates your intimation of her having been a convicted felon, but the part where it states ON CAMPUS is what bothers me because it seems that the charge is specifically having to do with it being on the school property. We all know that a felon in posession of a firearm outside of their home or felon in posession of a handgun is a felony no matter if its at a school or just at the range and possession of a handgun is a felony no matter where. but so far as I can see it is dependant upon being at a school

JP171 wrote:

Andrew wrote:Is it my imagination or has Dominique Sachse left behind pretty and developed into a genuinely beautiful woman?

ok Sir, Please put down the beer and whiskey, put your hands in the sleeves of this nice jacket, you'll feel much better soon

The beer, sure. But I'll defend my whisky to the death. Just wanted to see if anyone read the whole thread, lol.

Or it is as simple as the HISD Police not knowing the law, the Asst. DA not knowing the law, and the Tutor being arrested and charged. We had a Constable saying she was going to arrest a CHL holder at Church for being armed. She called the DA's office and THEY told her it was illegal for a CHL to carry in a place of worship. Even after I told her it was legal, showed her the law, she still said she was going to arrest and let the CHL work it out in court. We finally convinced her not to do it.

howdy wrote:Or it is as simple as the HISD Police not knowing the law, the Asst. DA not knowing the law, and the Tutor being arrested and charged. We had a Constable saying she was going to arrest a CHL holder at Church for being armed. She called the DA's office and THEY told her it was illegal for a CHL to carry in a place of worship. Even after I told her it was legal, showed her the law, she still said she was going to arrest and let the CHL work it out in court. We finally convinced her not to do it.

And how did this CHL come to a constable's attention?

Moby wrote:OK, so let me get this striaght.

I have a CHL, I leave my firearm in the truck in the school parking lot to go into my kids volleyball game.

Am I legal?

Yes!

First off, the tutor can't be a felon. Anybody that is hired or works with kids at a school has a background check run.

If the gun was in her car and the car was in the parking lot, then I don't see how they can convict under the law. The parking lot is not part of the premises and the MPA covers this. At least that is what I was taught in class.

Dragonfighter wrote:

howdy wrote:Or it is as simple as the HISD Police not knowing the law, the Asst. DA not knowing the law, and the Tutor being arrested and charged. We had a Constable saying she was going to arrest a CHL holder at Church for being armed. She called the DA's office and THEY told her it was illegal for a CHL to carry in a place of worship. Even after I told her it was legal, showed her the law, she still said she was going to arrest and let the CHL work it out in court. We finally convinced her not to do it.

And how did this CHL come to a constable's attention?

Getting off topic...The CHL was/is a staff member and the Constable was told by a Minister that the staff member was carrying. The Church was going through a security audit and the topic of concealed carry came up. Lots of discussion later, the Minister was told that several staff members routinely carried. The Minister asked the Constable if it was legal and the rest was history.

The young lady, Charetta Kemp, has two facebook pages, one she says she is a HISD science teacher, the other she has a nail salon. Her degree from Prairie View A&M is in management and marketing. Her other facebook page adds University of Phoenix Adult education and training. No gang signs, normal looking facebook page of a young woman starting out in life on her own. Now with no job.

Seems a shame to make her go through all of this, especially for not breaking a law or being a threat to anyone.

"What will be their excuse when they come for you?
Who will be left to fight for you when all the Haddads are in prison?"

Should we start a legal defense fund?

Dragonfighter wrote:

howdy wrote:Or it is as simple as the HISD Police not knowing the law, the Asst. DA not knowing the law, and the Tutor being arrested and charged. We had a Constable saying she was going to arrest a CHL holder at Church for being armed. She called the DA's office and THEY told her it was illegal for a CHL to carry in a place of worship. Even after I told her it was legal, showed her the law, she still said she was going to arrest and let the CHL work it out in court. We finally convinced her not to do it.

And how did this CHL come to a constable's attention?

I have the same question. Concealed is concealed.