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by RottenApple
Fri Feb 08, 2013 11:39 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

Deckeriv wrote:Can they put up a 30.06 sign to cover the parking lot if it is open to the public, that would make her offense actually illegal? There was some mention of that in the article.
That's a good question to which there is no definitive answer. 30.06 covers property (not premises) and so entry by a CHL holder to a to a 30.06 posted parking lot is forbidden. But there is also the fact that government property cannot (except in a few limited exceptions - government meetings, for example) post a valid 30.06 sign. So a public school cannot post a valid 30.06 sign to their parking lot. It is also possible that a person carrying in a vehicle under MPA would be covered if the parking lot (of a private school or business) is 30.06 posted because MPA deals with premises under a person's control (such as your vehicle) and not property.

There is no case law (that I'm aware of) that deals with this issue. So it's basically a matter of 'concealed is concealed', follow the letter of the law, and be warned that if you get caught you could be the test case.

At least that's been my understanding. YMMV. IANAL. IDNSAAHIELN ( :tiphat: @ RX8er).
by RottenApple
Wed Feb 06, 2013 7:17 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

flechero wrote:Did we ever learn how they found out about the gun or how they went about with the search of the vehicle? (i didn't see those items reported)
Anonymous tip.
by RottenApple
Tue Feb 05, 2013 2:51 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

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.
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.
by RottenApple
Tue Feb 05, 2013 2:03 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

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?
As I understand it....

Employee with CHL & no written policy (or oral notice) = no crime but can be fired (parking lot law doesn't cover schools).
Employee w/o CHL & no written policy (or oral notice) = violation of GFSZ act (MPA doesn't exempt from GFSZ).

Non-employee w/ CHL = no problem on school property (except in building & school-sponsored events)
Non-employee w/o CHL = violation of GFSZ act (MPA doesn't exempt from GFSZ).

:tiphat:

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