Transport Rules of Firearms through School Zones?

[midlifechoppers]

Is it a violation of state law to pass through a school zone on a public street with a concealed firearm (as a CHL holder)? I believe this violates letter of federal law - Gun Free Zone law.
Is it a violation of state law for a non-CHL holder to transport fire arms (unloaded, locked, stored in a trunk) on a public street through a school zone?
I believe its ok for long weapons. Looking for the legal jeopardy of just passing by a school with a firearm. The law appears ambiguous..

[chabouk]

Is it a violation of state law to pass through a school zone on a public street with a concealed firearm (as a CHL holder)?

No.

I believe this violates letter of federal law - Gun Free Zone law.

No. There is a specific exemption for those with licenses.

Is it a violation of state law for a non-CHL holder to transport fire arms (unloaded, locked, stored in a trunk) on a public street through a school zone?

No.

Looking for the legal jeopardy of just passing by a school with a firearm. The law appears ambiguous..

It's really not ambiguous. If you quote the section of law that is giving you a problem, there are lots of knowledgeable people here who can help you out.

[dicion]

Is it a violation of state law to pass through a school zone on a public street with a concealed firearm (as a CHL holder)? I believe this violates letter of federal law - Gun Free Zone law.
Is it a violation of state law for a non-CHL holder to transport fire arms (unloaded, locked, stored in a trunk) on a public street through a school zone?
I believe its ok for long weapons.

There is no State Law on carry of any weapons in regards to 'school zones' other than mentioned in TPC 46.02, 46.03 and 46.035.
Those being, it's illegal to carry a concealed handgun (outside of your property or your vehicle) without a license, and if you have a license, you cannot carry it onto the 'Premises' of a school, unless you have permission.

Anything above/beyond that is federal law.

EDIT: someone beat me to it. As stated above, a CHL issued by the state the school is in, exempts you from the Federal law.

Looking for the legal jeopardy of just passing by a school with a firearm. The law appears ambiguous..

This has been discussed at length. Basically, Yes, TONS of people without CHL's potentially violate the Federal Law daily. As, without a CHL, you are not exempt from the Federal law. So, Simply Driving past a school with a gun in your car violates it. Period. Going to the Range, a relative's house, or simply carrying it in your car for Self Defense, you are in violation by the written letter of the law when you are within 1000' of school property, and you are in possession of a firearm.

However, No-one generally gets charged with this _alone_. Normally, it's an 'add-on' charge to an already laundry list of charges you're getting if you get arrested doing something stupid with a gun in a school zone. It's one of those 'feel good' laws that were passed that actually does absolutely nothing at all. Doesn't deter anything, doesn't prevent anything, and isn't enforced. It's worthless IMO.

[bdickens]

Guess what? You can't get through a whole day without violating Federal law somehow.

http://www.threefelonies.com/" onclick="window.open(this.href);return false;

[The Habernatho]

SCOTUS has relied on different case precedent in dealing with more recent interstate commerce cases such as Gonzales v. Raich, but it's still worth a look.
http://en.wikipedia.org/wiki/United_States_v._Lopez" onclick="window.open(this.href);return false;

[RPB]

The others have said it well enough that I don't have anything to add, other than I carry concealed handgun on my person while in my car in the parking lot, when taking my niece to school..... Never know when those kids might need protecting walking up to the school in the dark early morning, and the School District Police aren't there yet to do that.

HOWEVER, even with a chl, exhibiting, threatening to exhibit etc. a FIREARM anywhere on school property is another matter entirely, than carrying one.

You also asked about other FIREARMS ... long arms/rifles/shotguns etc ... ...

EDUCATION CODE
TITLE 2. PUBLIC EDUCATION
SUBTITLE G. SAFE SCHOOLS
CHAPTER 37. DISCIPLINE; LAW AND ORDER
Sec. 37.125. EXHIBITION OF FIREARMS. (a) A person commits an offense if, in a manner intended to cause alarm or personal injury to another person or to damage school property, the person intentionally exhibits, uses, or threatens to exhibit or use a firearm:
(1) in or on any property, including a parking lot, parking garage, or other parking area, that is owned by a private or public school; or
(2) on a school bus being used to transport children to or from school-sponsored activities of a private or public school.
(b) An offense under this section is a third degree felony.

PENAL CODE § 46.11 PENALTY IF OFFENSE COMMITTED WITHIN WEAPON-FREE SCHOOL ZONE
...
a (1) within 300 feet of the premises of a school
...
b (1) "Institution of higher education" and "premises"
have the meanings assigned by Section 481.134, Health and Safety
Code.

Texas Health & Safety Code - Section 481.134. Drug-Free Zones
§ 481.134. DRUG-FREE ZONES.
(a) In this section:
(4) "Premises" means real property and all buildings
and appurtenances pertaining to the real property.

So, don't "exhibit/etc." within 300' of the "premesis" as defined above by the Texas Health and Safety Code.
That doesn't just refer to a concealed handgun, but to "firearms"
But, the Public Street is not "generally" going to be part of that school property. I suppose part of a school zone on a public street could fall within 300' of the school's real estate, if your shotgun is in your shotgun rack in the Pickup truck window, and you put it there intentionally, in a manner intended to cause alarm, etc ... if that could be proven ...... Although there are some "public streets" that pass through School Property, like at San Jacinto College and one at an elementary school near me that goes to the high school located on a street behind the Elementry School .....