Not illiegal on school parking lot if you have a CHL.E10 wrote:She really oughtn't wear that dress on TV. I didn't hear a word she said. Somebody tell me how to run the first 15 seconds of the video in a continuous loop.Andrew wrote:Is it my imagination or has Dominique Sachse left behind pretty and developed into a genuinely beautiful woman?
I leave my handgun in a lockbox in my truck when I visit my son's school. This is why I always park on the street.
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Return to “Teacher arrested for gun in car at school”
- Mon Feb 18, 2013 8:53 pm
- Forum: General Texas CHL Discussion
- Topic: Teacher arrested for gun in car at school
- Replies: 109
- Views: 16214
Re: Teacher arrested for gun in car at school
- Thu Feb 07, 2013 10:31 am
- Forum: General Texas CHL Discussion
- Topic: Teacher arrested for gun in car at school
- Replies: 109
- Views: 16214
Re: Teacher arrested for gun in car at school
Now thisphilip964 wrote:Mainstream media is at least putting out half hearted stories on the dismissal.
http://www.khou.com/news/neighborhood-n ... 24031.html" onclick="window.open(this.href);return false;
However, here in this case, she is released because of lack of evidence, rather than she never broke the law in the first place.
It is interesting how the news can be slightly slanted to an anti gun liberal bias just with a few words. The press here in Houston is not our friends.
So, she still has grounds to go back and sue. I sure would anyway.The district attorney’s office said it’s not clear whether her car was even on school property, so the charges were dropped.
- Thu Feb 07, 2013 9:41 am
- Forum: General Texas CHL Discussion
- Topic: Teacher arrested for gun in car at school
- Replies: 109
- Views: 16214
Re: Teacher arrested for gun in car at school
She didn't bring it onto the premises as premises is defined in Texas law as the buildings. She only had it in her vehicle.n5wd wrote:The vast majority of districts in the state use the model board policies that are published by the TEA. In those models there is a provision that employees may not bring a weapon onto the premises, with all the standard verbage. So, it's safe to say that all (or almost all) districts have such policies.gdanaher wrote:After all of the comments, things can get confusing here. So, a person has a chl and is employed by an isd with no written policy regarding employees possessing firearms. The gun is locked in their car during the normal work day. Are they violating any laws here? Same scenario for an employee without a chl but gun is locked away in car under mpa?
Now, whether most districts have added policies prohibiting weapons in cars, I have no idea. I know that my district does not.
- Wed Feb 06, 2013 7:41 pm
- Forum: General Texas CHL Discussion
- Topic: Teacher arrested for gun in car at school
- Replies: 109
- Views: 16214
Re: Teacher arrested for gun in car at school
This is a perfect example of where the parking lot bill would have helped her. Unfortunately schools are exempted from the law.
I would still be going after the police department with a civil case for false arrest as no law was broken.
I would still be going after the police department with a civil case for false arrest as no law was broken.
- Tue Feb 05, 2013 4:43 pm
- Forum: General Texas CHL Discussion
- Topic: Teacher arrested for gun in car at school
- Replies: 109
- Views: 16214
Re: Teacher arrested for gun in car at school
Don't know. Now you are getting into civil law and there is too much unknown to even speculate on it.gdanaher wrote:So, presuming that she had a chl, and presuming the firearm never left the locked trunk of her car, she had violated no state laws. If the HISD had a written policy that specified an employee could be terminated for possession of a firearm in a vehicle, in a parking lot, then her resignation in lieu of firing would be expected, however if the district has no written policy, would their demand for her resignation be unreasonable and hence they would need to offer the job back to her because she failed to violate any written policy?
- Tue Feb 05, 2013 2:53 pm
- Forum: General Texas CHL Discussion
- Topic: Teacher arrested for gun in car at school
- Replies: 109
- Views: 16214
Re: Teacher arrested for gun in car at school
This is not an offiense in itself AND does not apply to violation of 46.03(a)(1)RottenApple wrote:I'm not a lawyer, but this seems to only be a penalty enhancement for someone who commits a crime within 300ft of a school and not a charge in and of itself.KaiserB wrote:What many are overlooking is the fact that Texas (the State) has a Weapon Free Zone law for schools
§ 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:
(1) "Institution of higher education" and "premises"
have the meanings assigned by Section 481.134, Health and Safety
Code.
(2) "School" means a private or public elementary or
secondary school.
Added by Acts 1995, 74th Leg., ch. 320, § 1, eff. Sept. 1, 1995.
Amended by Acts 1997, 75th Leg., ch. 1063, § 10, eff. Sept. 1,
1997.
- Tue Feb 05, 2013 1:32 pm
- Forum: General Texas CHL Discussion
- Topic: Teacher arrested for gun in car at school
- Replies: 109
- Views: 16214
Re: case DISMISSED
My guess is the complainant stated she had carried it in a building, and when they arrested her they found the gun in the car so chose to let the DA decide on pursuing the charge. The case was probably dismissed by the DA due to no credible evidence the gun had actually been in the building.texanjoker wrote:I am reading the case file via the court website and it appears to have been dismissed. $5000 initial bail aka paying a bail bondsman 10% is still a loss of $500 for this. The affidavit also was as I described above, stating in a building. I wonder why the media didn't share that? Seems strange.
If this is actually the case and it was me, I would be going back with a civil lawsuit against the agency and anyone else who was party to the false arrest. At least to the point I got my bond costs, legal fees and some restitution for the hassle.
- Mon Feb 04, 2013 7:28 pm
- Forum: General Texas CHL Discussion
- Topic: Teacher arrested for gun in car at school
- Replies: 109
- Views: 16214
Re: Teacher arrested for gun in car at school
Sorry, no it wouldn't. The only thing the parking lot law does is allow schools to set policy to not permit employees to not keep a gun in their vehicle. If they ignore that policy and posses a gun in their vehilce, it may be a policy violation, but is not illegal unless they cannot legally posses it in the first place.KaiserB wrote:
Since MPA does not apply to school district employees; that would leave this person as a school employee (contracted or otherwise) subject to the restrictions in 46.03 (a)(1)
Scroll down a bit in your reading and you will find penalties in PC 46.03 are listed in paragraph (g)
- Sat Feb 02, 2013 10:30 pm
- Forum: General Texas CHL Discussion
- Topic: Teacher arrested for gun in car at school
- Replies: 109
- Views: 16214
Re: Teacher arrested for gun in car at school
Not sure what your point is here Brian. It is still not illegal for her to have the gun in the car as long as she can legally posses it.KaiserB wrote:Three pages of speculative bull finally someone posts the law rather than making an unqualified statement about the law, or what they "think" the law said... the rest of you should take a lesson from this post.Songbird wrote:Schools ARE listed as an exception to the law (52.061) that keeps employers from prohibiting guns in their employees cars:
Sec. 52.062. EXCEPTIONS. (a) Section 52.061 does not:
(1) authorize a person who holds a license to carry a
concealed handgun under Subchapter H, Chapter 411, Government Code,
who otherwise lawfully possesses a firearm, or who lawfully
possesses ammunition to possess a firearm or ammunition on any
property where the possession of a firearm or ammunition is
prohibited by state or federal law; or
(2) apply to:
(A) a vehicle owned or leased by a public or
private employer and used by an employee in the course and scope of
the employee's employment, unless the employee is required to
transport or store a firearm in the official discharge of the
employee's duties;
(B) a school district;
- Fri Feb 01, 2013 10:01 pm
- Forum: General Texas CHL Discussion
- Topic: Teacher arrested for gun in car at school
- Replies: 109
- Views: 16214
Re: Teacher arrested for gun in car at school
Doesn't matter. 46.02 is for premises. And MPA covers Texas law. Parking lot law exempts schools but still is not a violation of the law. The only thing they could possibly validly charge her with was violation of the GFSZA or violation of 30.06 (maybe, since it is a government entity and no test case.) Personally I think charges will end up getting dropped as they will find she was not in violation but she will have lost her job.jmra wrote:Did she have a CHL?Keith B wrote:This ought to be interesting. If they charged her under 46.02, then the charge is bogus as she was not on the premises. The only way they might have gotten her was if their employee handbook has valid 30.06 verbiage in it.
ScottDLS beat me to the punch.
- Fri Feb 01, 2013 9:23 pm
- Forum: General Texas CHL Discussion
- Topic: Teacher arrested for gun in car at school
- Replies: 109
- Views: 16214
Re: Teacher arrested for gun in car at school
Parking lot law does not have an exemption for school parking lots.Teamless wrote:or the parking lot law (or whatever it is called)psijac wrote:shouldnt she be protected under the motorist protection act?
- Fri Feb 01, 2013 9:21 pm
- Forum: General Texas CHL Discussion
- Topic: Teacher arrested for gun in car at school
- Replies: 109
- Views: 16214
Re: Teacher arrested for gun in car at school
MPA doesn't apply to schools as you would be violating the Gun Free School Zone Act.psijac wrote:shouldnt she be protected under the motorist protection act?
- Fri Feb 01, 2013 9:21 pm
- Forum: General Texas CHL Discussion
- Topic: Teacher arrested for gun in car at school
- Replies: 109
- Views: 16214
Re: Teacher arrested for gun in car at school
This ought to be interesting. If they charged her under 46.02, then the charge is bogus as she was not on the premises. The only way they might have gotten her was if their employee handbook has valid 30.06 verbiage in it.