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by txinvestigator
Mon Oct 16, 2006 4:15 pm
Forum: General Texas CHL Discussion
Topic: Friend moved into a school zone...???
Replies: 34
Views: 7080

JamesTX10 wrote:Does the issuing state matter? I am planning on getting my permit from UT. I drive past two schools on my way to work. Will that matter?
no
by txinvestigator
Sun Aug 20, 2006 4:49 pm
Forum: General Texas CHL Discussion
Topic: Friend moved into a school zone...???
Replies: 34
Views: 7080

Replaced Texan wrote:Ias I also understand the second part, if the school zone IS designated as 'Weapon-Free', then it IS a offense to HAVE a weapon within 300 feet of the premises of the school (CHL or not) .
Nope.

ALL 46.11 does is enhance a weapons penalty. It DOES NOT establish a seperate offense.
by txinvestigator
Sun Aug 20, 2006 3:05 pm
Forum: General Texas CHL Discussion
Topic: Friend moved into a school zone...???
Replies: 34
Views: 7080

Replaced Texan wrote:I read post four. I also read this:

PC §46.11. PENALTY IF OFFENSE COMMITTED WITHIN
WEAPON-FREE SCHOOL ZONE. (a) Except as provided by Subsection
(b), the punishment prescribed for an offense under this chapter
is increased to the punishment prescribed for the next highest
category of offense if it is shown beyond a reasonable doubt on the trial
of the offense that the actor committed the offense in a place that
the actor knew was:
(1) within 300 feet of the premises of a school; or
(2) on premises where:
(A) an official school function is taking place; or
(B) an event sponsored or sanctioned by the University Interscholastic
League is taking place.
(b) This section does not apply to an offense under Section
46.03(a)(1).
(c) In this section, "institution of higher education," "premises," and
"school" have the meanings assigned by Section 481.134, Health and
Safety Code.

And this:

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;

To me these are two separate issues. One is your 'normal' premises of a school (building or any portion of a building i.e., covered walkway, recessed entry, etc.) and the other applies to a 'Weapon Free School Zone' and the distance is now 300 feet from the premises of a school. What is your take on this?
Actually if you look at the title of 46.11 you see that it refers to Weapons OFFENSES committed within a school zone. The penalty is enhanced if you commit a weapons offense within a school zone.

If you have a CHL, you commit no offense unless you enter a building of a school. If you read further down 46.03 you will see this;



(c) In this section:

(1) "Premises" has the meaning assigned by Section 46.035.



46.035
(f) In this section:


(3) "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.


An armed CHL holder can be in any public or private driveway, street,
sidewalk or walkway, parking lot, parking garage, or other parking
area of a school.

What it means is that if you commit a weapons offense within 300 feet of a school they can enhance the penalty. However, if you have a CHL you are not committing a weapons offense if you carry your handgun withing 300 feet of the school.

make sense?
by txinvestigator
Sun Aug 20, 2006 1:38 pm
Forum: General Texas CHL Discussion
Topic: Friend moved into a school zone...???
Replies: 34
Views: 7080

Replaced Texan wrote:What about 'Gun Free, Drug Free' School zones? It is my understanding that these are completely off limits to CHL including driving past on the street.
Nope. Read the 4th post in this thread.
by txinvestigator
Tue Aug 01, 2006 7:52 pm
Forum: General Texas CHL Discussion
Topic: Friend moved into a school zone...???
Replies: 34
Views: 7080

jimlongley wrote:
age_ranger wrote:Yeah, it's a public school with the sign at the entrance to the parking lot. The sign is in 1" letter in spanish/english and appears to be regulation. I've heard this reference to public schools or public parks and stuff before. Anyone have a copy of the reg? I'll try to dig into the CHL book I've got and read up on it.......
Is that PISD? If it is, and unless they have changed the signs, the letters are actually less that 1 inch, and it is questioable whether they, as a governmental entity, can actually post them.
There is NO question. They can post them; however, they hold no authority.

If it is a taxing school district then this phrase of 30.06 applies;



(e) It is an exception to the application of this section
that the property on which the license holder carries a handgun is
owned or leased by a governmental entity and is not a premises or
other place on which the license holder is prohibited from carrying
the handgun under Section 46.03 or 46.035.
by txinvestigator
Tue Aug 01, 2006 9:53 am
Forum: General Texas CHL Discussion
Topic: Friend moved into a school zone...???
Replies: 34
Views: 7080

Re: Friend moved into a school zone...???

Mikel wrote:
txinvestigator wrote:
Mikel wrote::?: :?: :?:
A friend of mine moved to a school zone. When I go to visit, do I have to keep my CHG in the trunk?
His new house is directly across the street from the school, and in the school zone.
Whats a school zone, and what does it have to do with a CHL?
Here is what I'm talking about...after further searching, I found this: Looks like Texas CHL holders are OK since we have background checks done but other states may be a problem.

THE "GUN OWNER REGISTRATION EXEMPTION:" The "gun free zones" law exempts CCW (Carry Concealed Weapon) holders who live in a state that requires a background check before the issuing of a permit. (This means that CCW holders that live in states like Alabama are not exempted under this provision because background checks are not mandated by state law.) What this so-called exemption does is force a citizen to register with the authorities as a gun owner before he can carry a loaded self-defense weapon in his or her car.


Click here to read about school zones and guns: http://gunowners.org/fs9611.htm[/i]



...
If you will read my posts, you can see that I am well aware of this law, but often people get worried about laws before actually reading them.

I disagree with the conslusion on your italicized part. In Texas, unless you commit a crime, Gun Free School Zones mean nothing.
by txinvestigator
Mon Jul 31, 2006 6:20 pm
Forum: General Texas CHL Discussion
Topic: Friend moved into a school zone...???
Replies: 34
Views: 7080

cyphur wrote:As long as you are not entering any school buildings or a parking lot where school activities are being conducted, I believe you are safe.


Please someone correct me if I am wrong.
That is correct.

Let me highlight part of Nitrogen's post;
Subparagraph (A) shall 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 obtain 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;
by txinvestigator
Mon Jul 31, 2006 6:18 pm
Forum: General Texas CHL Discussion
Topic: Friend moved into a school zone...???
Replies: 34
Views: 7080

rgoldy wrote:Not so long as you are not going onto the school grounds. Which I would expect are surrounded and delineated by a fenced area.
His house and the streets surrounding the school are not exclusion areas.
NEGATIVE. What are you talking about?
by txinvestigator
Mon Jul 31, 2006 6:18 pm
Forum: General Texas CHL Discussion
Topic: Friend moved into a school zone...???
Replies: 34
Views: 7080

Re: Friend moved into a school zone...???

Mikel wrote::?: :?: :?:
A friend of mine moved to a school zone. When I go to visit, do I have to keep my CHG in the trunk?
His new house is directly across the street from the school, and in the school zone.
Whats a school zone, and what does it have to do with a CHL?

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