"Premises"

[Rusty]

Speaking of parking lots in the CHL handbook,"Primises"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. Does this subsection have no meaning? Back in 96,a Corrections Officer was fired,for having a handgun in his truck,(he had a CHL).His attorney showed the "head dogs" in Huntsville this subsection,and he was rehired ,and Tx.Dept.of Criminal Justice changed its policy on licensees storing handguns in the parking lot.

[seamusTX]

PC 46.035(f)(3) defines premises only in section 46.035 and other sections that refer to it, namely, 46.03.

The effect of this clause is to say that it is not a criminal offense for a CHL holder to carry a firearm on school grounds, or for anyone to legally have a weapon in a vehicle in a driveway, parking lot, etc. This purpose has been accomplished for the most part, though it seems some police officers are still confused about it.

It does not affect an employer-employee relationship. In the incident that you refer to, the man was fired, not prosecuted. Also, keep in mind that unions are pretty good at getting their members reinstated even if the person violated a rule. (I'm assuming the officer was in a union.)

Furthermore, PC 46.035(f)(3) was not present in the original CHL law. It was added when public school districts started posting their grounds. I think it was added in 1997, but I'm not sure.

- Jim