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by joe817
Sun Oct 04, 2009 4:27 pm
Forum: Gun and/or Self-Defense Related Political Issues
Topic: Getting Open Carry legislation introduced ??
Replies: 38
Views: 6266

Re: Getting Open Carry legislation introduced ??

School parking lots are not off limits in Texas law, and Texas law can't repeal Federal law.
This has been discussed up and down many times before, and I believe the general consensus is that carrying a gun into a school parking lot can get you in a lot of trouble if caught. For the reasons being:

"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;[etc, etc.]."

Now before you go quoting PC 46.035(f)(3):"(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....etc, etc" , which appears to exclude a school parking lot, I'd like to direct your attention to:

PC 46.11. Penalty If Offense Committed Within Weapons-Free School Zone.
"PC 46.11(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."

Going to Sect. 481.134 of the Health And Safety Code, we find:
481.134(4) "Premises" means real property and all buildings and appurtenances pertaining to the real property."

So, as I read that, a parking lot is part of the real property of a school, and the "premises" thereof.

In conclusion I submit to you that parking lots are a part of the gun-free zone of a school, and you cannot carry into a parking lot, nor can you store in your car a gun that's in a school parking lot without violating the law.

With that said I'm certainly no lawyer, and what I've stated above is enough for me to avoid carrying anywhere on any school property including the parking lot. And I will be governed by that belief. You may have a different belief and that's fine by me.

For me, it's certainly a very difficult area to fully understand. I just do not believe a blanket statement such as "School parking lots are not off limits in Texas law, and Texas law can't repeal Federal law.", should be left as a simple statement without full justification, lest someone accept that as an absolute truth, follow it and get arrested for unlawfully carrying.

If I'm wrong, I'm wrong. But I have no qualms about attempting to justify my position or belief, AND my future conduct.
by joe817
Sun Oct 04, 2009 2:58 pm
Forum: Gun and/or Self-Defense Related Political Issues
Topic: Getting Open Carry legislation introduced ??
Replies: 38
Views: 6266

Re: Getting Open Carry legislation introduced ??

Count wrote:It's already legal to have a gun in your car in parking lots, even for people carrying with MPA, so I think making open carry legal is more useful.
Unless of course, if the parking lots are posted with a valid 30.06 sign, or on school property(any school) or your employer prohibits it via effective notice.

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