school parking lot and pistol locked in car

[grim-bob]

I've read comments from some older threads but want to be a little more specific. Say a teacher with a CHL carries to work and then locks their pistol in the car for the day. Are they in violation of the GFSZA?

I know that they can have the pistol in their possession since they are a CHL. BUT is it still considered in their possession when they leave it (loaded and locked up) in their car?

I also realize they aren't protected from a school policy standpoint since school grounds didn't make it into the parking lot protection. So they may still be fired by the district....

Are they technically breaking the GFSZA by leaving their weapon "unattended and loaded" in their car on the school parking lot? Alternatively what constitutes POSSESSION to be exempt since they are a CHL?

[seamusTX]

The text of the GFSZA refers specifically to possession of a loaded firearm. Normally a person is not considered to be in possession of an object that is locked in a vehicle, when the person is not in the vehicle.

However, the U.S. Supreme Court recently made this discussion more ambiguous by ruling that a person could be considered to be in possession if the person was capable of getting into the vehicle readily (as in having the keys). I don't remember the case citation.

Pretty much the law will be construed to apply the maximum torque to the defendant.

In any event, if the weapon is unloaded or locked up, or the possessor has CHL issued by the state in which the school is located, the GFSZA does not apply.

The hypothetical school employee could take the ammunition with him or her, since possession of ammunition by a person who is not a felon is completely unregulated in Texas.

And yes, they can be fired with no recourse for violating policy. And they will bear the mark of Cain and have to change professions.

- Jim

[boba]

If they're in possession, they're exempt because of the CHL.
If they're not in possession, what law are they breaking?