what allows to have weapon in vehicle on school property?

[treeman]

I have believed that the Texas Concealed Carry License is what allows holders to have a concealed weapon in their vehicle while on school property because it is what allows the exemption from the Federal School "no weapons" law. In discussion with another concealed carry holder this week he said that the Texas Motorist Protection Act was what allowed people to have weapons in their vehicles on school property. I have looked at the TMPA but did not see anything mentioning schools. I realize that the Federal School law is not usually applied, but am doubtful that the TMPA supercedes it.

[Keith B]

I have believed that the Texas Concealed Carry License is what allows holders to have a concealed weapon in their vehicle while on school property because it is what allows the exemption from the Federal School "no weapons" law. In discussion with another concealed carry holder this week he said that the Texas Motorist Protection Act was what allowed people to have weapons in their vehicles on school property. I have looked at the TMPA but did not see anything mentioning schools. I realize that the Federal School law is not usually applied, but am doubtful that the TMPA supercedes it.

The Federal Gun Free School Zone Act has an exemption if you have a CHL from your state and your state allows carry on school property. See 18 USC § 922 (2)(B)(ii). In Texas, a CHL can carry on school grounds, not in the building.

A person without a CHL cannot have a gun in their car on school property unless it is unloaded and locked (per the GFSZA) if they don't have a CHL. So, the TMPA does not allow this.

[carlson1]

A person without a CHL cannot have a gun in their car on school property unless it is unloaded and locked (per the GFSZA) if they don't have a CHL. So, the TMPA does not allow this.

So when pulling up on the parking lot waiting for Gertrude to get out of school we have unload our weapons and lock them away?

[jmra]

A person without a CHL cannot have a gun in their car on school property unless it is unloaded and locked (per the GFSZA) if they don't have a CHL. So, the TMPA does not allow this.

So when pulling up on the parking lot waiting for Gertrude to get out of school we have unload our weapons and lock them away?

If you do not have a CHL, yes. In fact, you have to do it before you are within 1000 feet of the property.

[carlson1]

It is early, but what I am reading is if you have a CHL and pull onto School property your weapon has to be unloaded, stored away, and locked?

Is this correct.

[Keith B]

It is early, but what I am reading is if you have a CHL and pull onto School property your weapon has to be unloaded, stored away, and locked?

Is this correct.

No, if you do NOT have a CHL, then you must unload and lock them up. If you have a CHL the GFSZA has the exemption and you can carry however your state allows on school property.

[carlson1]

Thanks Keith I guess I have not enough coffee yet.

[treeman]

Thanks. Thats sort of what I thought except I didn't realize the unloaded part made it OK if not CHL. Obviously the federal statute has some issues when a school is located right on a highway if not a CHL.
This would also mean that a person with a non-resident Florida CHL and no Texas CHL would be subject to the Federal guidelines and not the Texas CHL laws in regard to schools right?

[Birdie]

Thanks. Thats sort of what I thought except I didn't realize the unloaded part made it OK if not CHL. Obviously the federal statute has some issues when a school is located right on a highway if not a CHL.
This would also mean that a person with a non-resident Florida CHL and no Texas CHL would be subject to the Federal guidelines and not the Texas CHL laws in regard to schools right?

Correct.

[Jumping Frog]

The Federal Gun Free School Zone Act has an exemption if you have a CHL from your state and your state allows carry on school property. See 18 USC § 922 (2)(B)(ii). In Texas, a CHL can carry on school grounds, not in the building.

A person without a CHL cannot have a gun in their car on school property unless it is unloaded and locked (per the GFSZA) if they don't have a CHL. So, the TMPA does not allow this.

Although technically accurate, I would also like to put this into context for the rest of the audience.

This may possibly be the most common federal felony that is completely ignored and not (in my opinion) worth worrying about.

Years ago, I read a study that showed 90% of all urban and suburban land area in this country is within 1000 feet of a school. This law is totally ignored by literally millions of people each and every day. I could not drive from one side of Houston to the other without passing within 1000 feet of literally dozens of schools.

Yet virtually no one is ever arrested for this. The only exception seems to be if the DEA is arresting a drug dealer and the arrest happens to be within 1000 feet of a school, this could be an "add-on" charge for someone who is already facing federal felony charges.

I have been following this issue within the "gun culture" for 15 years now and cannot think of a single case off the top of my head where an otherwise normal law-abiding citizen was actually arrested for this. And believe me, it would have made the news and it would have hit all the regular gun blogs and forums.

One other point to consider is local and county law enforcement generally do not arrest people for federal crimes, they arrest people under state law. How often do we see the FBI or the DEA sitting in school parking lots perusing the peaceful and law-abiding parents dropping their children off to school?

When I first moved to Texas, I carried here on an out of state license for about 5 months while getting my Texas CHL. I guarantee I never spend a moment worrying about whether I was in a GFSZ.

[Moby]

Iread in this post that with a CHL one can carry on school grounds.

Does this mean at a school softball or football game?
Or only in the parking lot when picking up kids etc.

I go to my kids HS football games and leave my firearm in the truck.
There have been break ins lately in the parking lot and I'm concerned about leaving it in there.

Can I carry my CCW in a football stadium? Or other school function outside of the school building?

[JJVP]

Iread in this post that with a CHL one can carry on school grounds.

Does this mean at a school softball or football game?
Or only in the parking lot when picking up kids etc.

I go to my kids HS football games and leave my firearm in the truck.
There have been break ins lately in the parking lot and I'm concerned about leaving it in there.

Can I carry my CCW in a football stadium? Or other school function outside of the school building?

No.

PC §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

[xrays1]

Iread in this post that with a CHL one can carry on school grounds.

Does this mean at a school softball or football game?
Or only in the parking lot when picking up kids etc.

I go to my kids HS football games and leave my firearm in the truck.
There have been break ins lately in the parking lot and I'm concerned about leaving it in there.

Can I carry my CCW in a football stadium? Or other school function outside of the school building?

Please correct me if I'm wrong, but I don't think you can carry at a school sporting event.

PC §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;

I think the statement in red means that school sporting events, since they are sponsored by the school, CCW is illegal.

I'm not a lawyer and I could very well be mistaken here.

[Moby]

Thanks gents, I didn't think so.
Wanted to check.

I love having a forum like this to do so.