TexasCHLforum.com

frankie_the_yankee wrote:"...unless I was sure that I could count on my wife to bail me out of jail and agree to pay the legal fees that I will need to fight the charge.", (because any money I had was also "hers" and if she didn't agree to spend it that way then I couldn't either).

Nonsense. A spouse cannot prevent the other spouse from spending money that the spouse has access to. Not in this century, anyway.

This kind of issue comes up in divorces, but not an ongoing marriage.

- Jim

familyman wrote:As a CHL holder and I am armed. I get pulled over for 5 MPH over the speed limit in a school zone. Officer asks for my ID and I present as required my TDL as well as my CHL. He asks me if I am rmed and I answer with yes sir. He asks me where I am coming from and I respond that I just dropped my child off at school. At this point I have admitted to having a gun and that I was on school property.

To begin with, that's why some people refuse to answer such questions.

Being in your car on school property is not illegal, so the cop has no valid basis for an arrest. He might arrest you, but it the charge isn't going to stick.

- Jim

A couple of additional points:

1. IIRC, PC 46.035 was explicitly amended to allow parents to carry while picking up their children at school. It would be unprofessional for a DA attempt to prosecute a law-abiding CHL holder in that case (though Mr. Rosenthal did the same thing with the traveling presumption). Any conviction would probably be overturned on appeal, and DAs do not like to have that happen.

2. There is no reason for a LEO to search a person or vehicle who is picking up a child at school. Probable cause is necessary for evidence of a search to be used for prosecution.

- Jim

familyman wrote:I had a conversation with a friend of mine last night. He is LEO. He advised me that CCL or not, school in session or not. School function happening or not that having a firearm on the propety of the school was against the law.

You could ask him to show you exactly which law make it illegal.

There is no such law.

- Jim

vonfilm wrote:I should have said that I do have a CHL.

I figured you did, since you posted in the CHL section, but there has been a lot of discussion of unlicensed car-carry lately.

- Jim

If you have a CHL, you can carry a handgun on your person or in your vehicle on school grounds, except for grounds where a school-sponsored event are being held.

If you do not have a CHL, it's better not to have any kind of weapon on school grounds. It's not illegal under Texas law, but it is illegal under federal law.

Signs posted on public schools have no legal effect. A valid 30.06 sign on a private school is binding.

- Jim

Edited to correct typo.