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by ScottDLS
Tue Feb 05, 2013 2:13 pm
Forum: General Texas CHL Discussion
Topic: Teacher arrested for gun in car at school
Replies: 109
Views: 16206

Re: Teacher arrested for gun in car at school

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?
No they are not. Even if the ISD has a written policy against it, they are not violating the law, though they could be fired.

gdanaher wrote:Same scenario for an employee without a chl but gun is locked away in car under mpa?
They are not violating any state criminal laws. They are likely violating the Federal Gun Free Safe School Zone Act as it is currently interpreted.
by ScottDLS
Sun Feb 03, 2013 11:03 am
Forum: General Texas CHL Discussion
Topic: Teacher arrested for gun in car at school
Replies: 109
Views: 16206

Re: Teacher arrested for gun in car at school

KaiserB wrote:
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;
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.
And what you apparently missed in the three pages of speculative bull was that it was already pointed out several times that the parking lot bill has an exception for employees of a school. Songbird posted the language. However, the exception simply allows the school to fire her. It does not define a third degree felony. So please inform us what we've all been speculating about...what is the woman in the article guilty of?
by ScottDLS
Fri Feb 01, 2013 10:45 pm
Forum: General Texas CHL Discussion
Topic: Teacher arrested for gun in car at school
Replies: 109
Views: 16206

Re: Teacher arrested for gun in car at school

Carry-a-Kimber wrote:Color me ignorant, but why can't local police enforce GFSZ?
They can, but they generally don't. It still would require the US attorney to bring the case in Federal court. The primary role of state LEOs is to enforce state laws, and they're usually busy enough doing that.

Also, I believe that the Feds are not anxious to take up a case on GFSZA where no other crime was committed because it was struck down by SCOTUS (I believe in '95), Then congress added some interstate commerce language to fix it. and there really hasn't been a clear case of someone being charged only for GFSZA violation since.
by ScottDLS
Fri Feb 01, 2013 9:59 pm
Forum: General Texas CHL Discussion
Topic: Teacher arrested for gun in car at school
Replies: 109
Views: 16206

Re: Teacher arrested for gun in car at school

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.
And the 30.06 verbiage would be invalid because HISD is a government agency. The Federal GFSZA doesn't come into play unless it was the Feds that arrested her, which I doubt. And if she had a CHL then that wouldn't apply either. MPA protects her from a 46.02 charge.

HISD can fire her, but I don't see how a state criminal charge will stick unless there's more we don't know...or if she has a bad lawyer. The article says she's charged with a 3rd degree felony, which would be under 46.03. Problem is the definition of "premises" doesn't include parking lot. :rules:

I believe that I could regularly leave a gun in my car when I visit my daughters' school or have it in the glove box when I pick them up and I wouldn't be breaking the law. Whether I do or not, you'll just have to guess.

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