Sign Posted at Austin High School

[gdanaher]

On a related topic, I was having a light conversation with a new school employee who had recently arrived in Texas from another state. He had some questions about the CHL and I attempted to respond to them, including the issue of a handgun in the car, in the parking lot, of a school facility. I noted that the issue can be complicated but is somewhat simplified by holding a chl. A third person entered the conversation, one who is generally quite knowledgeable about school law matters, and proceeded to tell her that what I had stated was totally wrong, that the Texas Education Code prohibited any kind of weapon on school property, period. Including driveways and parking lots.......I've searched the TEC and find no reference but it might be there and I missed it. Anyone offer a thought? I would like to better inform him on our next visit.

[C-dub]

Explain to this person that you looked in the TEC and were unable to locate the information he stated. Then ask him if he knew the statute, could find it himself, or could at least tell you which section it was in. You could also explain to him where you got your information.

[Jumping Frog]

A third person entered the conversation, one who is generally quite knowledgeable about school law matters, and proceeded to tell her that what I had stated was totally wrong, that the Texas Education Code prohibited any kind of weapon on school property, period.

I have heard so many wrong-headed know-it-alls spout complete and utter horse-pucky about what this gun law says or that gun law says over the years. I just tell them to cite the statute or they don't know what they are talking about.

[Oldgringo]

Y'all ever wonder why there are so many lawyers in the phone book and why they build courthouses and jails?

[A-R]

On a related topic, I was having a light conversation with a new school employee who had recently arrived in Texas from another state. He had some questions about the CHL and I attempted to respond to them, including the issue of a handgun in the car, in the parking lot, of a school facility. I noted that the issue can be complicated but is somewhat simplified by holding a chl. A third person entered the conversation, one who is generally quite knowledgeable about school law matters, and proceeded to tell her that what I had stated was totally wrong, that the Texas Education Code prohibited any kind of weapon on school property, period. Including driveways and parking lots.......I've searched the TEC and find no reference but it might be there and I missed it. Anyone offer a thought? I would like to better inform him on our next visit.

I'm assuming this person is referring to this section quoted below which DOES NOT do what the person says it does.

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.

Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 704, Sec. 1, eff. September 1, 2007.

[srothstein]

While A-R has the right section, I will give the person some credit (not a lot but some). They believed what was said about that law the last time it was amended. For some reason, the education industry pushed this law as banning guns. The gun industry read the actual law and saw that it did not ban carrying, just exhibiting or using the gun the wrong way.

[CC Italian]

A third person entered the conversation, one who is generally quite knowledgeable about school law matters, and proceeded to tell her that what I had stated was totally wrong, that the Texas Education Code prohibited any kind of weapon on school property, period.

Who ever told you that is full of beans. It is not illegal to have a firearm in your car in a school parking lot if you have a chl. I am also in education. Now your school district might have a prohibited weapons section in a teaching/para contract which many are starting to do in which case you could be fired for non compliance but a non school employee can carry a firearm in their car or in the parking lot legally. End of story!
Premises are the building or part of according to the law. I would not carry on a school field or play ground during school or immediately after. Some campus police might even take you in for carrying on a field during the weekend or summer but that is not what the law clearly says. That is another one of those you might beat the rap but not the ride.

[CC Italian]

Also technically a student could have a CHL. Yes, there are 21 year old students in our high schools. If you read the TEC student section it will bar them from carrying on ANY school property. I don't know if this has ever happened but most are mentally disabled who fit into this category or they keep staying in and are 21 year old seniors. You can check it out online it is not that common in the suburbs but in the inner city it is not uncommon to have a 20 year old as a senior.