Carrying on school grounds

[Truck]

My wife is not a high school employee, but she is an employee with a contractor at a high school and works there on a regular basis. We know she cannot carry inside the school, but is it legal to leave her weapon locked and secured in her vehicle while she is inside the school?

[tacticool]

If she has a CHL, issued by the state where she works, I think it's legal but IANAL.

You didn't ask about policy, but if it violates school policy, they can fire her for violating policy, even if it's legal. Same as wearing inappropriate clothing.

[GhostTX]

Until she crosses a fence or doorway, she's OK.

Code: Select all

PC §46.035. 
 UNLAWFUL CARRYING OF HANDGUN BY LICENSE HOLDER.
  (a)  A license holder commits an offense if the license holder carries a handgun on or about the license holder's person under the authority of Subchapter H, Chapter 411, Government Code, and intentionally fails to conceal the handgun.
  (b)  A license holder commits an offense if the license holder intentionally, knowingly, or recklessly carries a handgun under the authority of Subchapter H, Chapter 411, Government Code, regardless of whether the handgun is concealed, on or about the license holder's person:
    (1)  on the premises of a business that has a permit or license issued under Chapter 25, 28, 32, 69, or 74, Alcoholic Beverage Code, if the business derives 51 percent or more of its income from the sale or service of alcoholic beverages for on-premises consumption, as determined by the Texas Alcoholic Beverage Commission under Section 104.06, Alcoholic Beverage Code;
    (2)  on the premises where a high school, collegiate, or professional sporting event or interscholastic event is taking place, unless the license holder is a participant in the event and a handgun is used in the event;
...
 (3)  "Premises" means a building or a portion of a building. The term does not include any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area.

[The Habernatho]

Yep as long as the has a CHL locked in the car is ok.

[G26ster]

Yep as long as the has a CHL locked in the car is ok.

Having a CHL should have nothing to do with it.

Sec. 46.03. PLACES WEAPONS PROHIBITED. (a) A person commits an offense if the person intentionally, knowingly, or recklessly possesses or goes with a firearm, illegal knife, club, or prohibited weapon listed in Section 46.05(a):

(1) on the physical premises of a school or educational institution, any grounds or building on which an activity sponsored by a school or educational institution is being conducted, or a passenger transportation vehicle of a school or educational institution, whether the school or educational institution is public or private, unless pursuant to written regulations or written authorization of the institution;

(c) In this section:

(1) "Premises" has the meaning assigned by Section 46.035.

Sec. 46.035.

(3) "Premises" means a building or a portion of a building. The term does not include any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area.

[boomerang]

Yep as long as the has a CHL locked in the car is ok.

Having a CHL should have nothing to do with it.

I agree for Texas law. But there's also Federal law to consider.

[G26ster]

Yep as long as the has a CHL locked in the car is ok.

Having a CHL should have nothing to do with it.

I agree for Texas law. But there's also Federal law to consider.

Sure, but I was just addressing the statement that she would be OK because she had a CHL. The Texas law says, "A person..." and not "A license holder..."

[boomerang]

But there's also Federal law to consider.

[G26ster]

But there's also Federal law to consider.

Yes

[The Annoyed Man]

But there's also Federal law to consider.

Yes

Correct, and without the CHL, she would be in violation of the federal gun exclusion zone.

[G26ster]

Gochta.