TexasCHLforum.com

OK I know you guys have discussed this several times however I wanted to give this another go. While I agree with most everyones view on this our school resource officer does not. Here is what went down. I am a teacher and wanted his opinion (even though I already read up on the law) on if I can keep my firearm in my vehicle during the school day.

I read 46.03 and saw that you cannot have a gun on the school premises. Then read 46.035 and saw that premises does not include the school parking lot. Our school board does not have a policy on this so I told him i was leagal. He said I was not but could not say why. While we were talking a fellow officer called the Houston DA's office and said they also said it was illegal to have a firearm in my vehicle. I asked for a specific reason and he said they didnt give one. I still feel that it is legal and these individuals did not take the time to read the law.

My question is has anyone talked with a LEO, attorney, or a DA that has agreed with us on our view of the law?

Thanks

Robert

Take a printed out copy of the law to your school officers and let them read it themselves.
Edit: Maybe better not.....see my post further down.......

Then send a copy to the Houston DA!
Edit: You can certainly do this.

The only people that spoof the actuality of the law are the ones that have no common sense (read LEFT) and/or do not believe in the rights of the 2nd amendment.

I am currently going through the Open Records request process with another school district, city and county. I will advise as soon as I get all my answers and send you what I sent through.

I am thinking it is gonna come down to getting an AG opinion on this so we have a document to show the people they are wrong.

PLease send me what you get. Its very obivious to me that those that should know this law dont; and their first reaction is its illlegal. Then what made me more angry is that they didnt even listen to me when I stated the law exactly as its written. I will be handing a paper copy to my SRO's tomorrow.

They all are nice guys and said they didnt care if I had my guns or not. But to me I didnt care I just wanted to prove the law. Thanks and keep all input coming...

From SB321:

Sec.52.062.AAEXCEPTIONS. (a)Section 52.061 does not:
(2)Apply to:
(B)A school district;
(C)An open-enrollment charter school, as defined by Section 5.001, EducationCode;
(D)A private school, as defined by Section 22.081, EducationCode;

Perhaps I'm reading this wrong, but doesn't this mean that SB321 doesn't apply to schools?

It doesnt apply. This simply means to me that School Boards still have the right to tell teachers they cannot leave firearms in their vehicle. My School Board has no such policy.

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?

Very true words. I will drop it until we have a rulling. I was just making sure I was reading correctly. Thanks for the sound advice.

No school specific policy means its not illegal. My policy is to keep my mouth and my car gun locked up tight!

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.

Ummm......
This is 2011.

Our Legislators do pass some new Laws now and then......

Have you seen a "New law" pertaining to school parking lots?

Oops.......

Sorry about that. I had my bill numbers mixed up, a lapse of conscious and trying to buy a rifle online at the same time confuses things......

My bad

stdrbs14 wrote:OK I know you guys have discussed this several times however I wanted to give this another go. While I agree with most everyones view on this our school resource officer does not. Here is what went down. I am a teacher and wanted his opinion (even though I already read up on the law) on if I can keep my firearm in my vehicle during the school day.

I read 46.03 and saw that you cannot have a gun on the school premises. Then read 46.035 and saw that premises does not include the school parking lot. Our school board does not have a policy on this so I told him i was leagal. He said I was not but could not say why. While we were talking a fellow officer called the Houston DA's office and said they also said it was illegal to have a firearm in my vehicle. I asked for a specific reason and he said they didnt give one. I still feel that it is legal and these individuals did not take the time to read the law.

My question is has anyone talked with a LEO, attorney, or a DA that has agreed with us on our view of the law?

Thanks

Robert

I assume you have a CHL. If you do, then you are correct and it is not illegal, but you can still be fired for violating school policy. If you do not have a CHL, then you are in violation of federal law.(GFSZA)

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.