Question about school grounds

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Pistoldoc
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Question about school grounds

#1

Post by Pistoldoc »

Hi.

Quick question.
In my CHL class I seem to recall being told that you can carry into the parking lot of a school. We were told that the weapon had to be secured in the car and that the actual "school grounds" didn't start until you stepped onto the curb that the school and/or it's auxillary buildings is on.
On another forum someone said that a few years ago cops were going through the school parking lot with dogs looking for weapons in cars ( :shock: ). So, of course, now I'm a little confused. Has the law been updated recently? What is the ACTUAL rule?

I want to make sure that if I go to pick up my kid from school that leaving the weapon in the car is okay. I just recently got my CHL so I'm still trying to work though some of the nuances.

Thanks.
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JJVP
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Re: Question about school grounds

#2

Post by JJVP »

Yes, you are good to go with a CHL. Just don't take it inside any building or where a school activity is going on. Without a CHL, you have to stay 1000' of the grounds as per the GFSZA.
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Re: Question about school grounds

#3

Post by n5wd »

Pistoldoc wrote:On another forum someone said that a few years ago cops were going through the school parking lot with dogs looking for weapons in cars ( :shock: ). So, of course, now I'm a little confused. Has the law been updated recently? What is the ACTUAL rule?
Others will quote you the law that allows you to have a gun in your car, if you have a Texas CHL, while picking up your munchkin or dropping them off at a school in Texas (that's the federal gun-safe school law).

But, understand that students are NEVER allowed to have a weapon in their vehicle at any time, while they're on school property, unless provided for under very narrow circumstances (an ROTC or FFA sponsored shooting team, for example). The dogs (yes, our school contacts with a private agency to provide random dog searches both on school grounds and parking lots, and also in random look-see's through classrooms) also alert on tobacco products, marijuana, cocaine (so I've been told) and also (so I've been told) prescription meds like hydrocodone, oxycodone, oxycontin and tramadol, which are also forbidden to students on school property.
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RPB
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Re: Question about school grounds

#4

Post by RPB »

My cites aren't to the actual primary reference laws, due to time ,,,, the Rifleman is coming on TV now ...

:mrgreen:

searched +"school parking lot" +chl +federal +gfsz
search.php?st=0&sk=t&sd=d&sr=posts&keyw ... hl+federal" onclick="window.open(this.href);return false;

Good thread to read through

viewtopic.php?f=7&t=29294&p=338262&hili ... sz#p338262" onclick="window.open(this.href);return false;
page 2
viewtopic.php?f=7&t=29294&hilit=school+ ... z&start=15" onclick="window.open(this.href);return false;

I ALWAYS have at least one (handgun) on me while picking up my niece at school, but when nurse calls and I have to go inside a building, the handgun stays in the car.

I have a license issued by the State in which the school zone is located, therefore I'm specifically exempted from the Federal Gun Free School Zone Act; but cannot carry inside a building under State Law.

Federal GFSZA Exception
https://www.google.com/search?q=gfsza+e ... 14&bih=619" onclick="window.open(this.href);return false;

I keep saying exempt
https://www.google.com/search?q=gfsza+e ... 14&bih=619" onclick="window.open(this.href);return false;

from Wikipedia Federal GFSZA
(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;
In a nutshell ... if CHL/Licensed by Texas in a Texas School Zone parking lot in car is fine under both State and Federal laws.
Don't go in a building under Texas Law. (or school sponsored activities in outdoor stadiums etc.
no long guns under Federal, since State of Texas only licensed you to carry a handgun

Above all applies to Kindergarten - 12th grade (Federal gun free school zone)

In College, you can also have a long gun on the grounds, since Federal applies to lower grades, but not in buildings still under State Law.
Last edited by RPB on Sat Aug 18, 2012 4:55 pm, edited 3 times in total.
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tbrown
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Re: Question about school grounds

#5

Post by tbrown »

n5wd wrote:But, understand that students are NEVER allowed to have a weapon in their vehicle at any time, while they're on school property, unless provided for under very narrow circumstances (an ROTC or FFA sponsored shooting team, for example).
They may not be allowed but that's because of school policy, not because of Texas law.
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gdanaher
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Re: Question about school grounds

#6

Post by gdanaher »

There is a set of basic district rules which are promulgated by the Texas Association of School Boards. Nearly every district has written these into their policy codes. They deal with students in possession of firearms and plays light service the chl. It would be helpful for anyone here to review their district's written policies. Some districts have restricted the possession of firearms by their employees by writing a clause into the professional contracts.

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Pistoldoc
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Re: Question about school grounds

#7

Post by Pistoldoc »

Thanks for the responses.

So, what I originally thought was correct. Glad that I verified.
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sjfcontrol
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Re: Question about school grounds

#8

Post by sjfcontrol »

Pistoldoc wrote:Thanks for the responses.

So, what I originally thought was correct. Glad that I verified.
Well, not quite. The school premises is defined as follows...
(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.
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Re: Question about school grounds

#9

Post by C-dub »

I pick up my kid all the time and am usually carrying. We can either stay in our vehicle and drive along the sidewalk and have them come to the vehicle or park and walk up and wait near the front entrance on the school's sidewalk. Except under really foul weather conditions all the kids will be escorted outside to wait to be picked up. I usually do it this way since driving up takes longer due to the long line. No worries at all. A few LEO's also pick their kids up this way. Most in uniform, but a couple in street clothes and all open carrying. No one freaks out.
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Re: Question about school grounds

#10

Post by n5wd »

tbrown wrote:
n5wd wrote:But, understand that students are NEVER allowed to have a weapon in their vehicle at any time, while they're on school property, unless provided for under very narrow circumstances (an ROTC or FFA sponsored shooting team, for example).
They may not be allowed but that's because of school policy, not because of Texas law.
Not true- it's in the Texas Education Code, which is black letter law as much as the Penal Code:
http://www.statutes.legis.state.tx.us/D ... /ED.37.htm
Texas Education Code,Title 2, Public Education, Subtitle G, Safe Schools, Chapter 37 Alternative Settings for Behavior Management wrote: Sec. 37.007. EXPULSION FOR SERIOUS OFFENSES. (a) Except as provided by Subsection (k), a student shall be expelled from a school if the student, on school property or while attending a school-sponsored or school-related activity on or off of school property:

(1) uses, exhibits, or possesses:

(A) a firearm as defined by Section 46.01(3), Penal Code;

(B) an illegal knife as defined by Section 46.01(6), Penal Code, or by local policy;

(C) a club as defined by Section 46.01(1), Penal Code; or

(D) a weapon listed as a prohibited weapon under Section 46.05, Penal Code;

(2) engages in conduct that contains the elements of the offense of:

(A) aggravated assault under Section 22.02, Penal Code, sexual assault under Section 22.011, Penal Code, or aggravated sexual assault under Section 22.021, Penal Code;

(B) arson under Section 28.02, Penal Code;

(C) murder under Section 19.02, Penal Code, capital murder under Section 19.03, Penal Code, or criminal attempt, under Section 15.01, Penal Code, to commit murder or capital murder;

(D) indecency with a child under Section 21.11, Penal Code;

(E) aggravated kidnapping under Section 20.04, Penal Code;

(F) aggravated robbery under Section 29.03, Penal Code;

(G) manslaughter under Section 19.04, Penal Code;

(H) criminally negligent homicide under Section 19.05, Penal Code; or

(I) continuous sexual abuse of young child or children under Section 21.02, Penal Code; or

(3) engages in conduct specified by Section 37.006(a)(2)(C) or (D), if the conduct is punishable as a felony.

<snip>
(k) A student may not be expelled solely on the basis of the student's use, exhibition, or possession of a firearm that occurs:

(1) at an approved target range facility that is not located on a school campus; and

(2) while participating in or preparing for a school-sponsored shooting sports competition or a shooting sports educational activity that is sponsored or supported by the Parks and Wildlife Department or a shooting sports sanctioning organization working with the department
.
The one area where school boards have a bit of leeway in this is with 37.007(b) which lets them exempt ALL knives if they wish to do so, and most school boards do that as a matter of following the Texas Education Agency's suggested board policies.
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Re: Question about school grounds

#11

Post by Deltaboy »

My School district says we follow TX State Law and TEXAS CCW. So according to our Super if you got a CCW you are welcome to come but leave locked in the car. :txflag:
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Re: Question about school grounds

#12

Post by CBuchanan »

So from this thread I take it that I can leave my CCW in my locked truck in my college parking lot while I attend class? This is my first semester to have my CHL so I just want to make sure.

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Re: Question about school grounds

#13

Post by RPB »

CBuchanan wrote:So from this thread I take it that I can leave my CCW in my locked truck in my college parking lot while I attend class? This is my first semester to have my CHL so I just want to make sure.
I always did; keep it concealed,
Sec. 46.02. UNLAWFUL CARRYING WEAPONS.(a-1) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun in a motor vehicle or watercraft that is owned by the person or under the person's control at any time in which:
(1) the handgun is in plain view;
Sec. 46.03. PLACES WEAPONS PROHIBITED.
(c) In this section:
(1) "Premises" has the meaning assigned by Section 46.035.
Sec. 46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE HOLDER. (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.
==========================================

A caution though:

Criminals will break into cars in college parking lots more than they will in WalMart parking lots because ... that's where guns are stored... whereas at Walmart people carry them inside.
If you want blueberries, you go to a blueberry farm, if you want corn, you go to a corn farm ... college parking lots are where people are forced to store guns.

Lockbox.
I'm no lawyer

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Re: Question about school grounds

#14

Post by CBuchanan »

RPB wrote:
CBuchanan wrote:So from this thread I take it that I can leave my CCW in my locked truck in my college parking lot while I attend class? This is my first semester to have my CHL so I just want to make sure.
I always did; keep it concealed,
Sec. 46.02. UNLAWFUL CARRYING WEAPONS.(a-1) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun in a motor vehicle or watercraft that is owned by the person or under the person's control at any time in which:
(1) the handgun is in plain view;
Sec. 46.03. PLACES WEAPONS PROHIBITED.
(c) In this section:
(1) "Premises" has the meaning assigned by Section 46.035.
Sec. 46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE HOLDER. (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.
==========================================

A caution though:

Criminals will break into cars in college parking lots more than they will in WalMart parking lots because ... that's where guns are stored... whereas at Walmart people carry them inside.
If you want blueberries, you go to a blueberry farm, if you want corn, you go to a corn farm ... college parking lots are where people are forced to store guns.

Lockbox.
Thank you. Any particular lockbox better than the other?

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Re: Question about school grounds

#15

Post by RPB »

Thank you. Any particular lockbox better than the other?
I'm sure someone talked about them on here before, though I didn't pay attention :oops: I really don't know, I'm retired now, I live in a tiny town where you can carry everywhere (almost-not the courthouse though) I use a towel or garbage bag. When I hit 75 or so years old I might go back for another degree or two and get a box/cable to the seat frame but I hope the legislature gets smart enough to allow the exercise of the right we have but are forbidden to exercise of self protection without regard to location before then (campus carry) ...search this forum for "car safe" or "lock box"

"car safe"
search.php?keywords=%22car+safe%22" onclick="window.open(this.href);return false;

"lock box"
search.php?keywords=%22lock+box%22" onclick="window.open(this.href);return false;
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