TexasCHLforum.com

Just for discussions sake, what would happen if you are traveling through a state (armed and with a valid CHL from a recipricol state) and as you are driving you enter a school zone, get pulled over by the police. Have you violated the GFZSA because you traveled by the school within the the 1000' buffer area?

But as I understand the Federal law, that wouldn't even matter if the state authorizes a CHL holder to carry in an area near the school...like TX.


The Gun Free School Zones Act states:[6]

(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;

(iii) that is— (I) not loaded; and (II) in a locked container, or a locked firearms rack that is on a motor vehicle;

(iv) by an individual for use in a program approved by a school in the school zone;

(v) by an individual in accordance with a contract entered into between a school in the school zone and the individual or an employer of the individual;

(vi) by a law enforcement officer acting in his or her official capacity; or

(vii) that is unloaded and is possessed by an individual while traversing school premises for the purpose of gaining access to public or private lands open to hunting, if the entry on school premises is authorized by school authorities.

I assume you have a CHL, correct? If not, then having a gun in your car while picking your kids, you are in violation of the GFSZ, which is a federal law.

Yes, my wife and I both have our CHL. The reason I asked this was because I went to pick up my daughter the other day at school for a doctor appt. While waiting for my daughter to come to the office, I was in the hallway reading the various signs and posters and came across "their version" of what was illegal to have in their building AND on school grounds (weapons related). That got me to looking through the penal code again. I guess my thought was that knowing this school the way I do, I could totally see them trying to have you arrested for being in their parking lot with a gun if they knew you had it. I know concealed means concealed, but I just wanted to ask the question because I can see how they (the school) would "perceive" the law to mean the parking lot since that is "school grounds".

I know this has been beat to death in various topics and at all levels, but I am confused about a specific issue...

Here on the forum, it has been said that schools are prohibited, but on the premises, which is the building only. But below it the code says "premises" AND "grounds" in the same section. So, wouldn't the "grounds" cover the parking lot, even thopugh Texas has the MPA. I ask because often I pick my kids up at school, and I have my gun. I never get out of the car with my gun, but when I have been inside the school, they have a sign talking about Texas Penal Code and no weapons or firearms on the school grounds period. There little warning sign actually says "grounds or buildings".

Just trying to clarify where the info comes from that school parking lots are okay, and not just in the building since below it says "grounds".

Wouldn't "activity sponsored by a school" be a normal day at school?



PC §46.03. PLACES WEAPONS PROHIBITED. (a) A person commits an offense if the person intentionally, knowingly, or recklessly possesses or goes with a firearm, illegal knife, club, or prohibited weapon listed in Section 46.05(a):
(1) 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;