Private School Parking lots

[bobv]

I am a teacher at a private school. I know I cannot carry a firearm on campus. However, can I leave my weapon locked up in my car in the school employee parking area? I don't think public school teachers can do so, but we are private. I am unlikely to have any problem from the school administration as they support gun rights, and if necessary would give me written authorization to leave the weapon locked in the car. But is it legal? For now, I simply don't carry when I go to work, but that also means I am unarmed driving to and from work and for any stops along the way.

Our CHL instructor told us that under Texas law parents in a car pool can carry a gun in their car through the lot as they pick up their kids, as long as they don't carry it across the sidewalk onto the campus. Texas law also gives CHL holders the right to leave a firearm locked in the car in the employee parking area and prohibits employers from interfering with this - however, both public and private schools are specifically excepted from this law. Still, that simply prevents the employers from forbidding it. My employers would allow it if it is legal to do so.

I'd appreciate anything further I can get on this.

[GWE Chally]

Nothing illegal about leaving it locked and out of sight in the car, in a school parking lot. You are prohibited on the "Premises" of the school.

Just be careful if they are having any official functions in the parking lot. That does change it.

(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.

[C-dub]

I am a teacher at a private school. I know I cannot carry a firearm on campus. However, can I leave my weapon locked up in my car in the school employee parking area? I don't think public school teachers can do so, but we are private. I am unlikely to have any problem from the school administration as they support gun rights, and if necessary would give me written authorization to leave the weapon locked in the car. But is it legal? For now, I simply don't carry when I go to work, but that also means I am unarmed driving to and from work and for any stops along the way.

Our CHL instructor told us that under Texas law parents in a car pool can carry a gun in their car through the lot as they pick up their kids, as long as they don't carry it across the sidewalk onto the campus. Texas law also gives CHL holders the right to leave a firearm locked in the car in the employee parking area and prohibits employers from interfering with this - however, both public and private schools are specifically excepted from this law. Still, that simply prevents the employers from forbidding it. My employers would allow it if it is legal to do so.

I'd appreciate anything further I can get on this.

Welcome to the forum BobV. I know this isn't your first post, but I must have missed that one.

Your CHL instructor was inaccurate. With a CHL, one can carry anywhere "on" campus except for in a building of any school, whether public or private. Parking lots are expressly exempt unless an employee. For some reason, which is just insane, there is a difference between me, a parent, having my gun in my vehicle in the school parking lot and a school employee having the exact same gun in their vehicle in the same parking lot.

However, if your school is pro-gun or at least not anti-gun and does not have a policy against you having a gun in your vehicle then I think you're golden and the envy of most school employees in this great, but sometimes frustrating state.

Your employer could even give you permission to carry inside the school. Google the Harrold ISD. They allow their teachers with CHLs to carry in the school.

[GWE Chally]

I am a teacher at a private school. I know I cannot carry a firearm on campus. However, can I leave my weapon locked up in my car in the school employee parking area? I don't think public school teachers can do so, but we are private. I am unlikely to have any problem from the school administration as they support gun rights, and if necessary would give me written authorization to leave the weapon locked in the car. But is it legal? For now, I simply don't carry when I go to work, but that also means I am unarmed driving to and from work and for any stops along the way.

Our CHL instructor told us that under Texas law parents in a car pool can carry a gun in their car through the lot as they pick up their kids, as long as they don't carry it across the sidewalk onto the campus. Texas law also gives CHL holders the right to leave a firearm locked in the car in the employee parking area and prohibits employers from interfering with this - however, both public and private schools are specifically excepted from this law. Still, that simply prevents the employers from forbidding it. My employers would allow it if it is legal to do so.

I'd appreciate anything further I can get on this.

Welcome to the forum BobV. I know this isn't your first post, but I must have missed that one.

Your CHL instructor was inaccurate. With a CHL, one can carry anywhere "on" campus except for in a building of any school, whether public or private. Parking lots are expressly exempt unless an employee. For some reason, which is just insane, there is a difference between me, a parent, having my gun in my vehicle in the school parking lot and a school employee having the exact same gun in their vehicle in the same parking lot.

However, if your school is pro-gun or at least not anti-gun and does not have a policy against you having a gun in your vehicle then I think you're golden and the envy of most school employees in this great, but sometimes frustrating state.

Your employer could even give you permission to carry inside the school. Google the Harrold ISD. They allow their teachers with CHLs to carry in the school.

Forgot about section 52.062... But, it does still defines "Premises" as the actual physical building. Kind of contradicts itself.

[C-dub]

Forgot about section 52.062... But, it does still defines "Premises" as the actual physical building. Kind of contradicts itself.

52.061 really only talks about property.

It's not until 52.062 (b) where it talks about an employer still being able to prohibit a CHL from carrying on their premises.

[longtooth]

Above is correct & your instructor was incorrect.

You can have it in your vehicle as long as it is concealed.

“Premises” means a building or a portion of a building. It does not include driveways, streets, sidewalks or walkways, parking lots, or garage.

WElcome aboard.

[Keith B]

One thing to be aware of, the new change to the law prohibiting employers from not allowing employees to have a gun in their car in the parking exempts private schools also. So, while not illegal to carry in your car (see the caveat below), your school could still fire you for having it there if they choose to do so.

The caveat, since it is a private school and not a public school (governmental entity) they can post a 30.06 or have the 30.06 wording in the employee manual and that WOULD make it illegal to have the gun on property by an employee.

[sjfcontrol]

One thing to be aware of, the new change to the law prohibiting employers from not allowing employees to have a gun in their car in the parking exempts private schools also. So, while not illegal to carry in your car (see the caveat below), your school could still fire you for having it there if they choose to do so.

The caveat, since it is a private school and not a public school (governmental entity) they can post a 30.06 or have the 30.06 wording in the employee manual and that WOULD make it illegal to have the gun on property by an employee.

Keith -- your caveat presumes that the CHL 30.06 took precedence over MPA. If you subscribe to the argument that it does not, then it would be legal, even with 30.06 postings, to have a gun on the property as long as it never left the vehicle. Not to say you couldn't get fired, but it would not be illegal.

[Keith B]

One thing to be aware of, the new change to the law prohibiting employers from not allowing employees to have a gun in their car in the parking exempts private schools also. So, while not illegal to carry in your car (see the caveat below), your school could still fire you for having it there if they choose to do so.

The caveat, since it is a private school and not a public school (governmental entity) they can post a 30.06 or have the 30.06 wording in the employee manual and that WOULD make it illegal to have the gun on property by an employee.

Keith -- your caveat presumes that the CHL 30.06 took precedence over MPA. If you subscribe to the argument that it does not, then it would be legal, even with 30.06 postings, to have a gun on the property as long as it never left the vehicle. Not to say you couldn't get fired, but it would not be illegal.

Sorry, should have clarified that in car would not be illegal, but on property otherwise would be.

[recaffeination]

All they need is a small "weapons prohibited" sign to prohibit MPA so if you ignore the 30.06 sign because of MPA then make sure there are no other signs.

And a K-12 school can fire you either way.

[TexasGal]

I know this is clear as mud so far
As others have said you can't enter buildings (or school buses) armed, but anywhere outside buildings is ok; Unless you enter an area outside where there is a school sponsored activity going on. For instance if you see the marching band class is practicing drills on the parking lot, don't carry out of the vehicle.

This is all far more convoluted than it should be

[bobv]

This is all actually very helpful as it answers some side issues I was wondering about as well.

My school does have an employee contract prohibiting weapons on campus, but the director of the school has now given me written permission to leave the gun locked in the car in the lot. So it sounds like I am good to go on this one.

[C-dub]

This is all actually very helpful as it answers some side issues I was wondering about as well.

My school does have an employee contract prohibiting weapons on campus, but the director of the school has now given me written permission to leave the gun locked in the car in the lot. So it sounds like I am good to go on this one.

Very nice. I wish more could get permission like that.