School zone arrest

[cb1000rider]

It's interesting. A school zone (new school) is about to sit between the means into and out of a community where I live. It'll mean that we're looking at least 50k people going through that area (at least) per year.. Likely many more.
A assume active/inactive school zone makes no difference?

[VoiceofReason]

Is it illegal to drive on the street in a school zone with a gun in the car?

Parked on the street?

Live across the street from a school and have a gun in your house?

I know these questions are getting stupid but it sounds like the law is stupid.

[jmra]

Is it illegal to drive on the street in a school zone with a gun in the car?

Parked on the street?

Live across the street from a school and have a gun in your house?

I know these questions are getting stupid but it sounds like the law is stupid.

It's not illegal to have a gun on your private property even if it is spitting distance from the school.
"(B) Subparagraph (A) does not apply to the possession of a firearm—
(i) on private property not part of school grounds;"

[VMI77]

Is it illegal to drive on the street in a school zone with a gun in the car?

Parked on the street?

Live across the street from a school and have a gun in your house?

I know these questions are getting stupid but it sounds like the law is stupid.

It's not illegal to have a gun on your private property even if it is spitting distance from the school.
"(B) Subparagraph (A) does not apply to the possession of a firearm—
(i) on private property not part of school grounds;"

But then, if you live across from a school you could never enter or leave your house with a firearm without violating the law. Buy a new rifle, take it home, you're a criminal. Go to the range, you're a criminal. It is actually just about impossible to travel anywhere in Texas without violating this law. Especially where there is only one thru road going through a small town with a school. In fact, there are some major roads where a school sits right off the highway, no town, and no other way to get from A to B. Alt-90 between Hallettsville and Eagle Lake comes to mind.

[Keith B]

But then, if you live across from a school you could never enter or leave your house with a firearm without violating the law. Buy a new rifle, take it home, you're a criminal. Go to the range, you're a criminal.

Nope.

(B) Subparagraph (A) does not apply to the possession of a firearm—

(i) on private property not part of school grounds;

(ii) if the individual possessing the firearm is licensed to do so by the State in which the school zone is located or a political subdivision of the State, and the law of the State or political subdivision requires that, before an individual obtains such a license, the law enforcement authorities of the State or political subdivision verify that the individual is qualified under law to receive the license;

(iii) that is— (I) not loaded; and (II) in a locked container, or a locked firearms rack that is on a motor vehicle;

(iv) by an individual for use in a program approved by a school in the school zone;

(v) by an individual in accordance with a contract entered into between a school in the school zone and the individual or an employer of the individual;

(vi) by a law enforcement officer acting in his or her official capacity; or

(vii) that is unloaded and is possessed by an individual while traversing school premises for the purpose of gaining access to public or private lands open to hunting, if the entry on school premises is authorized by school authorities.

[VMI77]

But then, if you live across from a school you could never enter or leave your house with a firearm without violating the law. Buy a new rifle, take it home, you're a criminal. Go to the range, you're a criminal.

Nope.

(B) Subparagraph (A) does not apply to the possession of a firearm—

(i) on private property not part of school grounds;

(ii) if the individual possessing the firearm is licensed to do so by the State in which the school zone is located or a political subdivision of the State, and the law of the State or political subdivision requires that, before an individual obtains such a license, the law enforcement authorities of the State or political subdivision verify that the individual is qualified under law to receive the license;

(iii) that is— (I) not loaded; and (II) in a locked container, or a locked firearms rack that is on a motor vehicle;

(iv) by an individual for use in a program approved by a school in the school zone;

(v) by an individual in accordance with a contract entered into between a school in the school zone and the individual or an employer of the individual;

(vi) by a law enforcement officer acting in his or her official capacity; or

(vii) that is unloaded and is possessed by an individual while traversing school premises for the purpose of gaining access to public or private lands open to hunting, if the entry on school premises is authorized by school authorities.

So does a CHL cover possession of a rifle or a shotgun, not unloaded or in a locked container, or to be legal, do CHL holders have to carry rifles and shotguns in locked containers?

[Keith B]

CHL=Concealed HANDGUN License

[VMI77]

CHL=Concealed HANDGUN License

That's what I thought.....that having a rifle or shotgun in our cars that isn't locked in a container makes us criminals.....just wanted to be sure of where I stood.

[mlawler]

Never give probable cause or verbal premission to search! Assert your 4th Amendment rights!

[stroo]

This doesn't help if you are carrying under MPA or if you keep a long gun in your car:

"(B) Subparagraph (A) does not apply to the possession of a firearm—

(i) on private property not part of school grounds;

(ii) if the individual possessing the firearm is licensed to do so by the State in which the school zone is located or a political subdivision of the State, and the law of the State or political subdivision requires that, before an individual obtains such a license, the law enforcement authorities of the State or political subdivision verify that the individual is qualified under law to receive the license;

(iii) that is— (I) not loaded; and (II) in a locked container, or a locked firearms rack that is on a motor vehicle;

(iv) by an individual for use in a program approved by a school in the school zone;

(v) by an individual in accordance with a contract entered into between a school in the school zone and the individual or an employer of the individual;

(vi) by a law enforcement officer acting in his or her official capacity; or

(vii) that is unloaded and is possessed by an individual while traversing school premises for the purpose of gaining access to public or private lands open to hunting, if the entry on school premises is authorized by school authorities."

[Amonix]

You know I was curious about the whole school zone thing. My CHL instructor explained to us that we were allowed to keep our weapons in the car passing the school. However we were unable to take our weapons into the school if we were going to pick up our kids or doing any business on the school. My curiosity was because I (as I have not received my CHL yet everything stays home until I go to the range) live 5 houses away from a high school. I plan to travel that way going to and from work (fastest way).

[Jumping Frog]

You know I was curious about the whole school zone thing. My CHL instructor explained to us that we were allowed to keep our weapons in the car passing the school. However we were unable to take our weapons into the school if we were going to pick up our kids or doing any business on the school. My curiosity was because I (as I have not received my CHL yet everything stays home until I go to the range) live 5 houses away from a high school. I plan to travel that way going to and from work (fastest way).

A licensee is allowed to have the handgun on school grounds, but is not allowed to carry into any buildings. A licensee also cannot carry at any school activities.

[VMI77]

You know I was curious about the whole school zone thing. My CHL instructor explained to us that we were allowed to keep our weapons in the car passing the school. However we were unable to take our weapons into the school if we were going to pick up our kids or doing any business on the school. My curiosity was because I (as I have not received my CHL yet everything stays home until I go to the range) live 5 houses away from a high school. I plan to travel that way going to and from work (fastest way).

A licensee is allowed to have the handgun on school grounds, but is not allowed to carry into any buildings. A licensee also cannot carry at any school activities.

Another question that occurred to me: does the zone have to be posted as a "gun free school zone" or does the law apply everywhere with reduced speed limits for school zones?

[Keith B]

You know I was curious about the whole school zone thing. My CHL instructor explained to us that we were allowed to keep our weapons in the car passing the school. However we were unable to take our weapons into the school if we were going to pick up our kids or doing any business on the school. My curiosity was because I (as I have not received my CHL yet everything stays home until I go to the range) live 5 houses away from a high school. I plan to travel that way going to and from work (fastest way).

A licensee is allowed to have the handgun on school grounds, but is not allowed to carry into any buildings. A licensee also cannot carry at any school activities.

Another question that occurred to me: does the zone have to be posted as a "gun free school zone" or does the law apply everywhere with reduced speed limits for school zones?

I have seen Gun Free School Zone signs, but as far as I know there is no legal requirement for them to have to post a sign.

[Dave2]

You know I was curious about the whole school zone thing. My CHL instructor explained to us that we were allowed to keep our weapons in the car passing the school. However we were unable to take our weapons into the school if we were going to pick up our kids or doing any business on the school. My curiosity was because I (as I have not received my CHL yet everything stays home until I go to the range) live 5 houses away from a high school. I plan to travel that way going to and from work (fastest way).

A licensee is allowed to have the handgun on school grounds, but is not allowed to carry into any buildings. A licensee also cannot carry at any school activities.

Another question that occurred to me: does the zone have to be posted as a "gun free school zone" or does the law apply everywhere with reduced speed limits for school zones?

I'm pretty sure that the reduced speed limit signs don't denote the boundary of school property. Otherwise the school in my neighborhood would own a *lot* of houses.