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by RPB
Mon Feb 15, 2010 12:37 pm
Forum: New to CHL?
Topic: Transport Rules of Firearms through School Zones?
Replies: 5
Views: 1828

Re: Transport Rules of Firearms through School Zones?

The others have said it well enough that I don't have anything to add, other than I carry concealed handgun on my person while in my car in the parking lot, when taking my niece to school..... Never know when those kids might need protecting walking up to the school in the dark early morning, and the School District Police aren't there yet to do that.

HOWEVER, even with a chl, exhibiting, threatening to exhibit etc. a FIREARM anywhere on school property is another matter entirely, than carrying one.

You also asked about other FIREARMS ... long arms/rifles/shotguns etc ... ...

EDUCATION CODE
TITLE 2. PUBLIC EDUCATION
SUBTITLE G. SAFE SCHOOLS
CHAPTER 37. DISCIPLINE; LAW AND ORDER
Sec. 37.125. EXHIBITION OF FIREARMS. (a) A person commits an offense if, in a manner intended to cause alarm or personal injury to another person or to damage school property, the person intentionally exhibits, uses, or threatens to exhibit or use a firearm:
(1) in or on any property, including a parking lot, parking garage, or other parking area, that is owned by a private or public school; or
(2) on a school bus being used to transport children to or from school-sponsored activities of a private or public school.
(b) An offense under this section is a third degree felony.

PENAL CODE § 46.11 PENALTY IF OFFENSE COMMITTED WITHIN WEAPON-FREE SCHOOL ZONE
...
a (1) within 300 feet of the premises of a school
...
b (1) "Institution of higher education" and "premises"
have the meanings assigned by Section 481.134, Health and Safety
Code.


Texas Health & Safety Code - Section 481.134. Drug-Free Zones
§ 481.134. DRUG-FREE ZONES.
(a) In this section:
(4) "Premises" means real property and all buildings
and appurtenances pertaining to the real property.


So, don't "exhibit/etc." within 300' of the "premesis" as defined above by the Texas Health and Safety Code.
That doesn't just refer to a concealed handgun, but to "firearms"
But, the Public Street is not "generally" going to be part of that school property. I suppose part of a school zone on a public street could fall within 300' of the school's real estate, if your shotgun is in your shotgun rack in the Pickup truck window, and you put it there intentionally, in a manner intended to cause alarm, etc ... if that could be proven ...... Although there are some "public streets" that pass through School Property, like at San Jacinto College and one at an elementary school near me that goes to the high school located on a street behind the Elementry School .....

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