Carrying a gun onto public school property - in car only

[th186607]

I am new to the forum.

I have often wondered if carrying my gun in my vehicle is legal
while picking up my children at school.

Never leaving my vehicle and If I do never removing the gun from the car
on school property /school parking lot.

Is it legal as long as I do not take into a building?

[troglodyte]

If you are a CHL holder then you are OK.

If you are not a CHL holder then you are not.

Welcom to the forum.

Edit: I assume you are a Texas Resident and concerning a Texas CHL.

[howdy]

This will be a yes/no answer. IF you are a Texas resident and have a Texas CHL, then it is legal. If you have an out of state CHL, it is not legal. If you DO NOT have a CHL, it IS NOT legal. I have a bo-bo on my index finger and it is hard to type, so I will let someone else cite the laws. Welcome to the forum. This is a great way to learn and re-learn what you thought you knew.

Howdy
Bergs of Houston

[Scott in Houston]

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;

Sec. 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.


These laws saw that you can carry on the grounds of a school as long as there is not an 'activity' occurring, but you cannot go inside any building.
I carry with my daughter at my side up to the point of the threshold of her building, kiss her there, then turn around and walk back to my car.

[RPB]

And the reason you need a Texas CHL for Texas School zones

Federal Gun Free School Zone Act
http://en.wikipedia.org/wiki/Gun-Free_S ... ct_of_1990" onclick="window.open(this.href);return false;

The Gun Free School Zones Act states:[6]

(A) It shall be unlawful for any individual knowingly to possess a firearm that has moved in or that otherwise affects interstate or foreign commerce at a place that the individual knows, or has reasonable cause to believe, is a school zone.

(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;

(iii) that is— (I) not loaded; and (II) in a locked container, or a locked firearms rack that is on a motor vehicle;
more at link provided

If you do not have a Texas CHL for Texas school zones, federal law makes it illegal

[Bullwhip]

If you do not have a Texas CHL for Texas school zones, federal law makes it illegal

To get prosecuted by the feds you pretty much have to be dealing crack to kids while carrying. yeah, illegal, but nobody cares.

[RPB]

If you are breaking a Federal law, do you have to be arrested by a Federal cop, or will just any old cop do?

We know local LEO are prohibited from enforcing Federal law regarding immigration.

Yeah but locals don't stand outside and call the FBI when a bank is robbed or kidnapping is occurring or money is counterfeit, so I'd guess they can enforce some Federal laws to some degree..

[sjfcontrol]

If you are breaking a Federal law, do you have to be arrested by a Federal cop, or will just any old cop do?

We know local LEO are prohibited from enforcing Federal law regarding immigration.

Yeah but locals don't stand outside and call the FBI when a bank is robbed or kidnapping is occurring or money is counterfeit, so I'd guess they can enforce some Federal laws to some degree..

Well, actually they do, kinda. All those things are illegal in Texas, and so you can be arrested by Texas LEOs for doing any of those. (Not real sure about counterfeiting, though...) And if there are federal laws that are also broken, the locals can call the Feds to see if they're interested in add-on charges while you're still in jail, or before trial.

[RPB]

Texas game warden will arrest you for shooting what you shouldn't if you don't have your Federal Duck stamp- they don't phone the FBI to come arrest you.

http://en.wikipedia.org/wiki/Gun-Free_S ... 90#Penalty" onclick="window.open(this.href);return false;

Title 18 U.S.C Section 924(a) establishes the penalty for violating GFSZA:

Whoever violates the Act shall be fined not more than $5,000, imprisoned for not more than 5 years, or both.
Note: A conviction under the GFSZA will cause an individual to become a "prohibited person" under the Gun Control Act of 1968. This will bar them from legally owning firearms for the rest of their life.

I'm thinkin' I recall local police can probably arrest on a Federal Felony charge; I believe local police arrested high school kids who photocopied quite a bit of money and passed it around town just a year or 2 ago. I'm sure they can find a "local" law to hold you on. Probably local arrest on theft; Feds get the counterfeit

But your license plate looks dirty/obscured, and ... I'm sure they can find a reason hold you for the Feds to arrive if the Independent School District Police Officer doesn't think you "should" have a gun there.

http://lubbockonline.com/crime-and-cour ... awn-effort" onclick="window.open(this.href);return false;

Lubbock police arrested Graves and booked him into Lubbock County Detention Center Feb. 9 on charges of forgery of a government financial instrument and evading arrest with a vehicle.

County court records show the local charges were dropped because federal prosecutors were negotiating a plea.

http://www.kxxv.com/story/19230056/coun ... o-arrested" onclick="window.open(this.href);return false;
http://www.kcentv.com/story/19229992/tw ... feit-bills" onclick="window.open(this.href);return false;
http://www.tdtnews.com/index/news/show/ ... +in+Temple" onclick="window.open(this.href);return false;

Temple Police are looking for two suspects believed to be responsible for passing counterfeit money

[rm9792]

Well IMO since the feds cried about states not having authority to enforce federal immigration laws then I see no states authority to enforce any federal law. They shouldnt have it both ways.

[gp3]

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;

Sec. 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.


These laws saw that you can carry on the grounds of a school as long as there is not an 'activity' occurring, but you cannot go inside any building.
I carry with my daughter at my side up to the point of the threshold of her building, kiss her there, then turn around and walk back to my car.

It seems to me that this says that I can carry either open or concealed on school grounds when school is not in session and there is a SE non school-related soccer practice going on as long as I don't enter any buildings. Please correct me if I'm wrong I haven't been able to get any solid information and I know the police are going to tell me it's absolutely not allowed. Actually had a State Trooper told me yesterday that I wasn't allowed to carry in the lobby of the courthouse when I most definitely can.

[parabelum]

I guess OP got his answer...almost 4 years ago

[Scott in Houston]

Wow. Necro - thread. :)

My quoted response was well before open carry came around.

I think it's still correct.

I would just warn, schools create emotional responses, so I would not count on the police to be well informed on the law.
I personally would never open carry anywhere near a school, ever!
Geez. Just conceal. Why poke the bear? Unless , you're willing to be that "test case" we reference often.

[o b juan]

NOTICE PLEASE!

GPS in first post wants to
O C on a school ground that is not an INSTITUTION of Higher Learning

What am I missing? Does he/she/other have an LTC??