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by ELB
Wed Apr 16, 2014 9:50 am
Forum: General Texas CHL Discussion
Topic: Felony Enhancement Gun Free Zone to CHL holder?
Replies: 29
Views: 5837

Re: Felony Enhancement Gun Free Zone to CHL holder?

Strikes me as an odd question, since I suspect "Unlawful Carry by CHL Holder" refers to Penal Code Sec. 46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE HOLDER, which is a State law, and the GFSZA is a Federal law. IANAL so I don't know how a state prosecutor could or would use a Federal law to "enhance" a State charge, or to charge with violation of the Federal law. Can state prosecutors do that? (I guess that is the OP's question).

Further, PC Sec Sec. 46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE HOLDER only makes unlawful carrying of a handgun by a license holder at "a high school, collegiate, or professional sporting event or interscholastic event," not a school parking lot or school generally.

It is PC Sec. 46.03. PLACES WEAPONS PROHIBITED.that generally prohibits handguns and other weapons "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;" since "premises" does not include school parking lots (unless, I guess, there was some "activity sponsored by a school" going on in the parking lot), a CHL carrying a concealed handgun in a school parking lot is not doing anything illegal to be charged with, especially in an empty parking lot.

Again, IANAL and all that, I only read Overlawyered.com, the Volokh Conspiracy, and Legal Insurrection.com. ;-)

I wonder what the rest of this story is.... :confused5

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