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I don't think so, but again, IANAL. Vehicle and habitation are defined in TPC 30.01, and have separate meanings. I am not aware of any state or federal statute that defines your vehicle as private property with the intent I believe they mean for it in the GFSZA.karl wrote:Does the "private property" stated in the law extend to your vehicle?
Thanks!The Sarge wrote:I have sent him this thread link....
Sorry, but with all due respect to your instructor, that interpretation is not correct. Please ask them to quote the statute or law that states that you can have it in your glove box, but not on your body in a car and where in the GFSZA or Texas MPA it states you are exempt without a Texas CHL.The Sarge wrote:I called my instructor to get some clarity here and he provided it...basically what he is saying is this...
If a person has a Utah CHL or no CHL at all and the gun is in the glove box, center console, under the seat (whatever) out of sight they are breaking no laws...if a person (described above) has the gun on their person such as in a holster then they are breaking the law....so there is my confusion anyway...yes you can carry a gun through a school zone on a public road in your glove box/under your seat etc. but not concealed on your body without a Texas CHL....
Legally, yes and you must unload it and lock it in a container or locked weapons rack. And it is not Texas law, the GFSZA is Federal law. I am not a lawyer, but I can see nothing in the GFSZA wording that exempts roadways when you are driving on them. And there is also nothing in the Texas MPA that does or even can exempt you from the act. I believe your instructors were stating their opinions that the chances of you getting caught were slim if you just drove through, but as for it being legal, I need them to show me where it says you are legal to drive through with a loaded firearm before I will agree they are correct.The Sarge wrote:Yes this was pulled up in class^^^^^...the issue turned on "school property" and the instructor was very specific (both of them actually) that driving by or through a school zone was legal even for non CHL holders.
The road is not school property....but if your walking down the road, stopped (parked) carrying with a Utah license within a 1000' of a school...that is illegal....but if your on a public road and going through a school zone you do not even need any CHL.....that is what was taught in both the Texas CHL and the Utah CHL by two different instructors....so obviously there is confusion...
I will tell you....the Texas instructor was very well versed in the new Non CHL traveling with a weapon law....and he was adamant about this as many CHL holders there for renewal challenged him on it....
Me I have Texas and Utah both....I also wear suspenders and a belt.....
But if I understand what you are saying...you are saying under the Texas Law...a person who does not have a CHL traveleing say up Highway 281 from San Antonio to Ft. Worth...has to what? Stop and put his/her gun in the trunk before every school zone?
Driving by a school with a loaded gun in your car is a violation of the Gun Free School Zone Act unless you have a CHL from the state you are in. Your instructor was incorrect, there is no exemption unless you have the CHL.The Sarge wrote:MPA?
In class (both Texas and Utah) the question was asked about schools. Also the question was asked about the non licensed (No CHL) carry in Texas (traveling)...and the answer to all was "if you are driving by a school and you have a gun in your car (concealed) then you have no issue....If you park ( say to pick up a child) within a 1000' of a school of course different laws may apply.
We had one guy in class that lived within a 1000' feet of a school.
This was beat to death in both the Texas class and the Utah class.
Crime Control Act of 1990 (Enrolled as Agreed to or Passed by Both House and Senate)
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SEC. 1702. GUN-FREE SCHOOL ZONES ACT OF 1990.
(a) SHORT TITLE- This section may be cited as the `Gun-Free School Zones Act of 1990'.
(b) PROHIBITIONS AGAINST POSSESSION OR DISCHARGE OF A FIREARM IN A SCHOOL ZONE-
(1) IN GENERAL- Section 922 of title 18, United States Code, is amended by adding at the end the following new subsection:
`(q)(1)(A) It shall be unlawful for any individual knowingly to possess a firearm at a place that the individual knows, or has reasonable cause to believe, is a school zone.
`(B) 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;
`(iii) which is--
`(I) not loaded; and
`(II) in a locked container, or a locked firearms rack which 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.
`(2)(A) Except as provided in subparagraph (B), it shall be unlawful for any person, knowingly or with reckless disregard for the safety of another, to discharge or attempt to discharge a firearm at a place that the person knows is a school zone.
`(B) Subparagraph (A) shall not apply to the discharge of a firearm--
`(i) on private property not part of school grounds;
`(ii) as part of a program approved by a school in the school zone, by an individual who is participating in the program;
`(iii) by an individual in accordance with a contract entered into between a school in a school zone and the individual or an employer of the individual; or
`(iv) by a law enforcement officer acting in his or her official capacity.
`(3) Nothing in this subsection shall be construed as preempting or preventing a State or local government from enacting a statute establishing gun-free school zones as provided in this subsection.'.
(2) DEFINITIONS- Section 921(a) of such title is amended by adding at the end thereof the following new paragraphs:
`(25) The term `school zone' means--
`(A) in, or on the grounds of, a public, parochial or private school; or
`(B) within a distance of 1,000 feet from the grounds of a public, parochial or private school.
`(26) The term `school' means a school which provides elementary or secondary education, as determined under State law.
`(27) The term `motor vehicle' has the meaning given such term in section 10102 of title 49, United States Code.'.
(3) PENALTY- Section 924(a) of such title is amended by adding at the end thereof the following new paragraph:
`(4) Whoever violates section 922(q) shall be fined not more than $5,000, imprisoned for not more than 5 years, or both. Notwithstanding any other provision of law, the term of imprisonment imposed under this paragraph shall not run concurrently with any other term of imprisonment imposed under any other provision of law. Except for the authorization of a term of imprisonment of not more than 5 years made in this paragraph, for the purpose of any other law a violation of section 922(q) shall be deemed to be a misdemeanor.'.
(4) EFFECTIVE DATE- The amendments made by this section shall apply to conduct engaged in after the end of the 60-day period beginning on the date of the enactment of this Act.
(5) GUN-FREE ZONE SIGNS- Federal, State, and local authorities are encouraged to cause signs to be posted around school zones giving warning of prohibition of the possession of firearms in a school zone.