SB321

[Cdhutson]

I teaching a class next week and wanted to talk about SB321 (Employer Parking Lot Carry). I know it takes effect on 1 September 2011 and that the current law applies until then but it seems like it should be ok to teach it now. Any reason not to?

[Mr.ViperBoa]

I would probably make the students aware of it and let them know they need to down load a new copy of the chl laws in September.

[Crossfire]

I would probably make the students aware of it and let them know they need to down load a new copy of the chl laws in September.

Trust me, they won't be available in September. I believe the earliest DPS has EVER gotten this done is December.

[Mr.ViperBoa]

Thats good to know

[PracticalTactical]

In some ways it sucks that TX only has a legislative session every other year, but with them taking this long to publish, it's looking like an upside LOL.

[captainkbt]

I teaching a class next week and wanted to talk about SB321 (Employer Parking Lot Carry). I know it takes effect on 1 September 2011 and that the current law applies until then but it seems like it should be ok to teach it now. Any reason not to?

What are you teaching? I havent given a course since July and I am having a conflict with the new law SB321 vs. Texas Penal Code 46.035.

TPC 46.035 (f)(3) says.....

(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.

I have been teaching my students that they can store their weapon inside there vehicle according to TPC 46.035 (f)(3). I was under the assumption (from DPS attorney at instructors class) that even employees of a school district could store their weapon inside their locked vehicle unless the school district posted a 30.06 sign at the parking lot entrance. But even then it was not illegal since the parking lot is not defined as the "premises". She said that if a 30.06 sign was posted at the entrance to the parking lot it would be posted in error, again since the statute does not include the parking lot in the definition of "premises". She said she wouldnt advise going past the sign since it could cause you some headaches but it wasnt illegal.

Now the new statute says employees of school districts cant leave their weapon in their locked vehicle in the parking lot. Doesnt that conflict with TPC 46.035 (f)(3) which says they can?

[sjfcontrol]

I teaching a class next week and wanted to talk about SB321 (Employer Parking Lot Carry). I know it takes effect on 1 September 2011 and that the current law applies until then but it seems like it should be ok to teach it now. Any reason not to?

What are you teaching? I havent given a course since July and I am having a conflict with the new law SB321 vs. Texas Penal Code 46.035.

TPC 46.035 (f)(3) says.....

(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.

I have been teaching my students that they can store their weapon inside there vehicle according to TPC 46.035 (f)(3). I was under the assumption (from DPS attorney at instructors class) that even employees of a school district could store their weapon inside their locked vehicle unless the school district posted a 30.06 sign at the parking lot entrance. But even then it was not illegal since the parking lot is not defined as the "premises". She said that if a 30.06 sign was posted at the entrance to the parking lot it would be posted in error, again since the statute does not include the parking lot in the definition of "premises". She said she wouldnt advise going past the sign since it could cause you some headaches but it wasnt illegal.

Now the new statute says employees of school districts cant leave their weapon in their locked vehicle in the parking lot. Doesnt that conflict with TPC 46.035 (f)(3) which says they can?

It doesn't matter if a PUBLIC school posts 30.06, as they are a government agency, and therefore cannot legitimately post 30.06. (Obviously not the case for private schools.)
However, a school may dismiss an employee for having a gun in their parked car, if it so wishes.

[tbrown]

She said that if a 30.06 sign was posted at the entrance to the parking lot it would be posted in error, again since the statute does not include the parking lot in the definition of "premises".

Maybe she should read the statute. Both 30.05 and 30.06 talk about "property" (not "premises") and 30.05 specifically covers forest land and agricultural land, completely sinking her argument that trespassing laws only apply inside buildings.

Maybe she was confused because 46.03 and 46.035 talk about premises.

ETA: sjfcontrol is right about government schools. I'm talking more broadly.

[Charles L. Cotton]

I teaching a class next week and wanted to talk about SB321 (Employer Parking Lot Carry). I know it takes effect on 1 September 2011 and that the current law applies until then but it seems like it should be ok to teach it now. Any reason not to?

What are you teaching? I havent given a course since July and I am having a conflict with the new law SB321 vs. Texas Penal Code 46.035.

TPC 46.035 (f)(3) says.....

(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.

I have been teaching my students that they can store their weapon inside there vehicle according to TPC 46.035 (f)(3). I was under the assumption (from DPS attorney at instructors class) that even employees of a school district could store their weapon inside their locked vehicle unless the school district posted a 30.06 sign at the parking lot entrance. But even then it was not illegal since the parking lot is not defined as the "premises". She said that if a 30.06 sign was posted at the entrance to the parking lot it would be posted in error, again since the statute does not include the parking lot in the definition of "premises". She said she wouldnt advise going past the sign since it could cause you some headaches but it wasnt illegal.

Now the new statute says employees of school districts cant leave their weapon in their locked vehicle in the parking lot. Doesnt that conflict with TPC 46.035 (f)(3) which says they can?

SB321 didn't change anything in the Texas Penal Code; it just makes it unlawful to fire an employee for having a gun in their car. It's still legal to have a handgun in your car in a school parking lot, but teachers' jobs are not protected by SB321.

Chas.

[captainkbt]

I teaching a class next week and wanted to talk about SB321 (Employer Parking Lot Carry). I know it takes effect on 1 September 2011 and that the current law applies until then but it seems like it should be ok to teach it now. Any reason not to?

What are you teaching? I havent given a course since July and I am having a conflict with the new law SB321 vs. Texas Penal Code 46.035.

TPC 46.035 (f)(3) says.....

(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.

I have been teaching my students that they can store their weapon inside there vehicle according to TPC 46.035 (f)(3). I was under the assumption (from DPS attorney at instructors class) that even employees of a school district could store their weapon inside their locked vehicle unless the school district posted a 30.06 sign at the parking lot entrance. But even then it was not illegal since the parking lot is not defined as the "premises". She said that if a 30.06 sign was posted at the entrance to the parking lot it would be posted in error, again since the statute does not include the parking lot in the definition of "premises". She said she wouldnt advise going past the sign since it could cause you some headaches but it wasnt illegal.

Now the new statute says employees of school districts cant leave their weapon in their locked vehicle in the parking lot. Doesnt that conflict with TPC 46.035 (f)(3) which says they can?

SB321 didn't change anything in the Texas Penal Code; it just makes it unlawful to fire an employee for having a gun in their car. It's still legal to have a handgun in your car in a school parking lot, but teachers' jobs are not protected by SB321.

Chas.

Your first statement is exactly what I was thinking. It basically nullifies the 30.06 sign for parking areas and protects employees from harrassment. That is clear to me.

But, what is still confusing to me is the teacher issue....

If I can legally have a handgun in my car when I go pick up my kid and park in a school parking lot....why cant the teacher working there have their weapon in their car in the same parking lot? Under TPC 46.035(f)(3) the statute still states that the parking lot is ok. Doesnt SB321 seem to contradict TPC 46.035 in the case of the teacher? It does to me.

[captainkbt]

Thanks to all for the responses. Ive gotta get this one nailed down because I have a few teachers that want to take my course.

[tbrown]

If I can legally have a handgun in my car when I go pick up my kid and park in a school parking lot....why cant the teacher working there have their weapon in their car in the same parking lot? Under TPC 46.035(f)(3) the statute still states that the parking lot is ok. Doesnt SB321 seem to contradict TPC 46.035 in the case of the teacher? It does to me.

It's legal for both of you. However, the school district can fire a teacher for violating school policy. For example, if a school has a dress code for employees, it's not illegal to violate the dress code but they can be fired.

[captainkbt]

If I can legally have a handgun in my car when I go pick up my kid and park in a school parking lot....why cant the teacher working there have their weapon in their car in the same parking lot? Under TPC 46.035(f)(3) the statute still states that the parking lot is ok. Doesnt SB321 seem to contradict TPC 46.035 in the case of the teacher? It does to me.

It's legal for both of you. However, the school district can fire a teacher for violating school policy. For example, if a school has a dress code for employees, it's not illegal to violate the dress code but they can be fired.

Yes...that makes sense. I am always in a "legal/illegal" mode with my CHL thinking and teaching CHL. I think that is unfair for the teachers.

[C-dub]

If I can legally have a handgun in my car when I go pick up my kid and park in a school parking lot....why cant the teacher working there have their weapon in their car in the same parking lot? Under TPC 46.035(f)(3) the statute still states that the parking lot is ok. Doesnt SB321 seem to contradict TPC 46.035 in the case of the teacher? It does to me.

It's legal for both of you. However, the school district can fire a teacher for violating school policy. For example, if a school has a dress code for employees, it's not illegal to violate the dress code but they can be fired.

Yes...that makes sense. I am always in a "legal/illegal" mode with my CHL thinking and teaching CHL. I think that is unfair for the teachers.

It is unfair, but due to the unreasonable fear of having a gun at school it was necessary to have it this way on the first go around. Remember, churches and hospitals used to be statutorily off limits.