Wife is a Teacher....what does she do?

[jbirds1210]

My wife is considering taking her CHL class after a year of practice and becoming familiar with firearms. I consider this a personal victory but that is another story.

She is a school teacher in Texas. Is it legal for her to secure her handgun in her vehicle while inside of the building? I have read the law concerning buildings and premise, but become confused because there is a playground within fifty feet of where the teachers are allowed to park. I would appreciate someone pointing the way for some in depth reading on situations like this. Carrying a concealed handgun has finally become important to my wife and I do not want to lead her down the wrong path. Thanks guys for any help that you can provide.

[Charles L. Cotton]

I don't know of any in depth writings on the subject, but she can legally leave the pistol in her car in the parking lot with a playground close by. Carrying in the playground during recess (school activity) would be unlawful.

See Tex. Penal Code 46.035 for the definition of "premises" and 46.03 for the prohibition on school grounds where school sponsored activities (such as recess) are being conducted:

§ 46.035(f)(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."

§ 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 . . .


Another issue is school policy for teachers. If the school prohibits teachers from having guns in their cars, then she can be fired even though she would not have violated the Penal Code. Does the school prohibit guns in teachers cars? Do they conduct vehicle searches?

Chas.

[jbirds1210]

Charles,
Thank you very much for the information. I do believe that searches are conducted and that it might be against school district policy, but I am not sure and will have to do some further research. However, if it is a problem...there is a Masonic lodge (in which I belong) across the street and I suppose she could park there with the proper permission. If you do not mind, I will forward your message to her and have her ask the administration in her district. Thanks again for the help.

[anygunanywhere]

Is this the Texas City ISD?

[Charles L. Cotton]

I wouldn't ask anyone with the district; just check the policy manual and any contract she may have, either personally or through a teachers' union. If it's not in the manual or contract, but she's verbally told of a "no guns" policy, then that's effective notice for purposes of firing her. If they conduct searches of teachers cars, not just students, then parking off campus is probably a safer route.

Chas.

[KinnyLee]

That reminds me. Out of curiosity, I'll check my manual tonight. I work for an educational institution so I'm in the same boat as you are. I always leave my firearm in my car though. There were a couple of times that I've completely forgot for a second or two and I had to walk back outside to disarm.

[jbirds1210]

Anygun,
Yes, it is the Texas City school district. My wife is going to bring home all of her policies and contracts tonight so we can take a look at them. I graduated from Texas City and my car was searched a time or two randomly....the officer says that his dog smells something and next thing ya know...the 16 year old kid is allowing a sketchy search of his car. Nothing was ever found...you live and you learn.

[anygunanywhere]

I suppose these types of searches are fairly common. Working in the industrial sector, lots of companies have policies for search of vehicles on their property.

Policies such as these that restrict our rights to self defense by assuming that those who would harm us will obey the rules are a waste.

More often than not, they do more harm than good. We know this since we live with the results everyday.

I certainly hope you and your wife can work out a way so she can defend herself to the fullest. Off-site parking is a good alternative. The option just isn't open to everyone. My wife can not carry at work, but she can leave her weapon in her vehicle.

We live in a strange society.

[stevie_d_64]

Would not the safe I installed in my vehicle be a device that may further render the firearm inaccessable in cases like this???

My wife is studying to become a teacher in this State...She intends to be very discrete and quiet (actually never tell anyone for any reason) about her CHL and the fact that she will carry it to and from school, but leaving it locked away in the safe, in the vehicle...

Where can you possibly go wrong, or be disciplined for that???

Unless they change the law to include the parking lots as premisis of a school, which would make it illegal to have one in this condition, I can't see where they could, if they ever found out (doubtful) if she had a firearm "SECURED" in her vehicle...

Just my opinion...

[anygunanywhere]

Stevie,

The gun safe may not be a defense to termination if she is found breaking policy. The current "zero tolerance" thing makes it even more unlikely. When they say "zero tolerance", all remaining reason goes out the door., even if the parking lots are not 30.06 compliant. Until Texas passes the parking lot law, policy is the rule in school.

[jimlongley]

My wife works in Plano, ISD and they have (improper) 30.06 signs posted at some parking lot entrances. Since not all of the possible entrances are posted, and the lettering on the signs is not the correct size, I question why they even bothered to put them up.

I also note that several of the schools' grounds have city walking paths and such that transit the school property, and they have not posted them, so maybe they are just trying to say something to those people who drive through certain entrances.

My wife will not carry in her car because of the signs.

[stevie_d_64]

Stevie,

The gun safe may not be a defense to termination if she is found breaking policy. The current "zero tolerance" thing makes it even more unlikely. When they say "zero tolerance", all remaining reason goes out the door., even if the parking lots are not 30.06 compliant. Until Texas passes the parking lot law, policy is the rule in school.

I see what you are saying here...And I agree somewhat...

But from what I understand that the premisis "rule" has not been defined at "school facilities" to be inclusive of parking lots or garages...

Thats my quandry, not that I am for bucking the "system", or in anyway confused about it...I just think that in cases like this, if its secured within a vehicle, like in one of those safes, and you don't go around hinting about your views on 2A and RKBA at school...Then unfortunately (depending on how you feel about it) they should have no reason to think you have any reason to be scrutinized or searched...

I don't think school officials dwell on it too much to begin with...Unless you give them a reason to think about it...

Its just that nagging feeling you get, when you walk out that door in the morning, when you know you are going somewhere, where you are not allowed (because they do not trust you) to be responsible for your safety and the safety of others...I find that personally to be an intolerable position to be placed in...

Like I say, infringement is not an option...