Can Teachers leave gun in car?

[TexasComputerDude]

I work for a school and was wondering if i can leave my gun in my car even if its against the school handbook?

[The Wall]

Yes.

[Crossfire]

Yes, unless your school district, or campus authority, says you cannot.

[Keith B]

As Crossfire stated, if your handbook says no, then no, you can't legally leave it in the vehicle on school property. The parking lot law has an exemption from schools that allows them to prohibit employees from having a firearm in the vehicle.

[gdanaher]

Most districts adhere to the TASB rules and that normally states that an employee is subject to immediate termination. So yes, you can have a gun in your car, but if anyone discovers it you are yanked and need to worry about your certification. Good luck with that. I understand the pain, but leave it at home.

[oohrah]

elementary or secondary school, or "institution of higher education"? makes a difference.

an institute of higher education, public or private cannot make a rule prohibiting CHLers from keeping a firearm locked in their vehicle.

[o b juan]

employees of School districts ( should not heed some of the advice here) School employee handboboks rule and even if they do not you could be on the short list for dismissal

[jmra]

I work for a school and was wondering if i can leave my gun in my car even if its against the school handbook?

leaving your firearm in your car is not a crime, but you are not protected by the parking lot law so if discovered you could face disciplinary action.

[TexasComputerDude]

Thanks guys. As long as i dont go to jail i can get another job lol.

[n5wd]

Most districts adhere to the TASB rules and that normally states that an employee is subject to immediate termination. So yes, you can have a gun in your car, but if anyone discovers it you are yanked and need to worry about your certification. Good luck with that. I understand the pain, but leave it at home.

TexasComputerrDude: Most school districts in Texas use the model school district policies that are published by the TASB (Texas Association of School Boards), as gdanaher said. The model policies follow the Texas Penal Code definitions of where you can not bring a weapon: inside the premises of a school building, BUT it it does not include areas such as a parking lot unless there is an educational activity (read that as either a co-curricular or extra-curricular activity) taking place. Read your district's policy - unless it specifically includes the parking lot, then you're good to go.

[mojo84]

Here is the actual text TASB provide member school districts. You can read it in with the proper formatting in the link to the pdf.

https://www.tasb.org/Services/Legal-Ser ... _jan15.pdf

Legal Restrictions on the Possession of Firearms on School Campuses
Both federal and state laws begin with a presumption that school premises are gun-free zones. Both
federal and state laws also permit the school board to make certain exceptions to that general rule.
Federal Gun-Free Schools Act: Originally enacted in 1994 and reauthorized as part of the No
Child Left Behind Act of 2001, the Gun-Free Schools Act (GFSA) is a federal law that requires
states receiving federal funds under the Elementary and Secondary Education Act to restrict firearms
on school property. Under the GFSA, 18 U.S.C. § 922(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.
For purposes of the GFSA, firearm means any weapon, including a starter gun, which will or is
designed to or which may readily be converted to expel a projectile by the action of an explosive,
the frame or receiver of any such weapon, any firearm muffler, a firearm silencer, or any
destructive device such as an incendiary, any explosive, or poison gas. 18 U.S.C. § 921(a)(3),
(4). Antique firearms and fireworks are not included in this definition. Nor are knives included
in the definition; they are regulated only by state law.
School zone means in, or on the grounds of, or within 1,000 feet from the grounds of a public,
parochial or private school. 18 U.S.C. § 921(a)(25).
The federal law prohibition does not apply to the possession of a firearm:
 When the carrier is licensed: If the individual possessing the firearm is licensed to do
so by the State in which the school zone is located or by 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;
Page 4
© 2015. Texas Association of School Boards, Inc. All rights reserved.
TASB Legal Services
 When the firearm is unloaded and locked up: If the firearm is not loaded and is stored
in a locked container or a locked firearms rack that is on a motor vehicle;
 As part of an approved program: If the firearm is carried by an individual for use in a
program approved by a school in the school zone;
 When authorized by written contract: If the firearm is carried by an individual in
accordance with a contract entered into between the school district and the individual or
an employer of the individual; or
 By law enforcement: If the firearm is carried by a law enforcement officer acting in his
or her official capacity. 18 U.S.C. § 922(q)(2)(B).
Texas Penal Code: Absent written authorization from the school district, the Texas Penal Code
prohibits citizens, including concealed handgun license (CHL) holders, from carrying firearms
on the physical premises of a school building, any grounds or building where a school activity is
taking place, or on a bus or other passenger vehicle of a school.
A person commits an offense if the person intentionally, knowingly, or recklessly
possesses or goes with a firearm . . . on the physical premises of a school or
educational institution, any grounds or building on which an activity sponsored by
a school or educational institution is being conducted, or a passenger
transportation vehicle of a school or educational institution, whether the school or
educational institution is public or private, unless pursuant to written regulations
or written authorization of the institution. Tex. Penal Code § 46.03(a)(1).
It is not a defense to prosecution under this section that the actor was licensed to carry a
concealed handgun. Tex. Penal Code § 46.03(f).
Under Texas law, firearm means any device designed, made, or adapted to expel a projectile
through a barrel by using the energy generated by an explosion or burning substance or any
device readily convertible to that use. Tex. Penal Code § 46.01(3). The state definition overlaps
with, but is slightly different from, the federal GFSA definition.
Premises means a building or a portion of a building. The term does not include any public or
private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area.
Tex. Penal Code § 46.035(f)(3).

There more on page 7 of the pdf.

[Deltaboy]

Wow. That just plain crazy.