Non CHL - Gun in car in school parking lot.

[waymore8]

I've searched the archives, and I can't find anything that's exactly on point:

I have a friend who is currently being stalked by an ex-husband. She intends to obtain a CHL, but that will take several months, and she feels threatend now. Although there have been no threats of violence (yet), she wishes to begin keeping a firearm in her car. I believe she can do this under the current expanded "traveling" definition recently passed by the legislature. We live in a small community that is very conservative, so I'm not too worried about an overly aggressive DA trying to defy legislative intent, etc.

What I am concerned about is the fact that she works for a school. Can she have a gun in her car on a school parking lot without a CHL?

[longtooth]

Welcome aboard waymore8. Glad to have you. A greeting but no answer here. I will let some of the guys that know the fine points of the law offer an answer here. Best intentioned opinions will still get folks in trouble. Have a great day.

[GrillKing]

Can she have a gun in her car on a school parking lot without a CHL?

I don't think so. I understand that the CHL exempts a person from some aspects of federal law prohibiting weapons around schools. That's my understanding, but I'm not the expert on this board!! I know CHL (at least the Texas CHL qualifies) allows you to carry on school premises (outside buildings) unless there is a school event in progress on those premises.

[Skipper5]

Can she have a gun in her car on a school parking lot without a CHL?

I don't think so. I understand that the CHL exempts a person from some aspects of federal law prohibiting weapons around schools. That's my understanding, but I'm not the expert on this board!! I know CHL (at least the Texas CHL qualifies) allows you to carry on school premises (outside buildings) unless there is a school event in progress on those premises.

Oops> (not a lawyer but tx n others will come by and site)...nah...exempting from federal law?? Nah...public sidewalks yes.....a public parking lot - say on one side of the school and open to general public- paying lot or otherwise yes....but, in school only parking lot on school grounds no...not the premises...
only exemption I would know of is if the school is sponsoring a germaine (i.e. shooting) competition, or [written-suggested]permission from head of the school to you.

[KBCraig]

As far as the state of Texas is concerned, yes she may. But the feds say no. The federal Gun-Free School Zone Act doesn't apply if the person has a permit or license to carry issued by their home state, which requires a background check before issuance.

Frankly, she shouldn't sweat it. The FBI isn't searching school parking lots. The presence of the gun would only become an issue if she needs to use it. And at that time, legal consequences for violating the GFSZA should be the least of her worries.

Kevin

[Skipper5]

Just disagree with GrillKing's observation.....

"I know CHL (at least the Texas CHL qualifies) allows you to carry on school premises (outside buildings) unless there is a school event in progress on those premises."

Don't think this is correct....

[cyphur]

IIRC school parking lots are fair game, as long as there is not a school sponsored event taking place there - ie a school fair, marching band practice, sports drills, etc.

[Mithras61]

IIRC school parking lots are fair game, as long as there is not a school sponsored event taking place there - ie a school fair, marching band practice, sports drills, etc.

That was my understanding as well. Basically, premesis was the buildings, not the public areas like parking lots, sidewalks, etc., and were okay as long as there was not a school-sponsored event going on.

[stevie_d_64]

As far as the state of Texas is concerned, yes she may. But the feds say no. The federal Gun-Free School Zone Act doesn't apply if the person has a permit or license to carry issued by their home state, which requires a background check before issuance.

Frankly, she shouldn't sweat it. The FBI isn't searching school parking lots. The presence of the gun would only become an issue if she needs to use it. And at that time, legal consequences for violating the GFSZA should be the least of her worries.

Kevin

Bingo...

[Venus Pax]

I teach, and I've checked this one out.
Any CHL holder can legally carry in the school parking lot, as long as a school event isn't taking place there. They normally don't.

Under federal law, she can't carry there w/o her CHL, but if she feels in her heart that she is in danger, I really think she should. They NEVER check teachers' vehicles, as teachers tend to be a compliant bunch. (a little too compliant at times, if you ask me.)

Tell her to get that CHL ASAP! She needs to take her class and send in her money and paperwork as soon as she possibly can, even if she has to take a few personal days to do it.

ETA: She needs to keep the fact that she has the gun on school grounds to herself. If this gets out to a kid, she could have a vehicle burglary and stolen gun to deal with, as well as what the kid may do with it. Also, she may have unknowingly signed a paper stating she wouldn't carry on premises when she first began her career, never intending to carry at the time.

[waymore8]

Thanks everyone for the replies. Everyone's response has been pretty much in line with what I thought previously. I've done some checking on CHL classes in the area, etc., and will pass that information on this weekend. Thanks again!