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School Parking Lot?

Posted: Tue Mar 06, 2012 11:00 pm
by grandpa1466
Please forgive me if this has already been beaten to death. I was a teacher for 33 years and never carried. Just got my CHL not long ago. This week I am judging a band contest event at a public high school and trying to find out if having a gun locked up in the car while parked in the school parking lot is legal or not. I know all is fine if nothing is said, etc., but with my luck this would be the day they bring the drug dog out to sniff all the cars. No, I don't do drugs; many of the dogs are trained to smell gunpowder residue as well. After reading the law and reading others' opinions, it just seems like a gray area to me. I know what it says about employer parking lots, but schools are different. Not allowed in the building premises at all, of course. Ok in the parking lot (mine would be locked in a gun safe in a locked car) as long as concealed, unless a school event is being held in said parking lot, seems to be a popular opinion. Well, even though the event is inside, a lot of buses and hundreds of Jr. High age band kids in the parking lot just made me decide it wasn't worth being a guinea pig, so I left my carry gun at home for two days. Anyone have better info than I do? All thoughts appreciated, as I will be doing this again later in the spring and going to a less than savory area of a larger city.

Re: School Parking Lot?

Posted: Tue Mar 06, 2012 11:05 pm
by Scott in Houston
It's fine. :patriot:

Don't sweat it, and don't leave it at home!

You could make the case that it's fine in your car even if there was an event in the parking lot, but that's not the case here, so not worth debating, but I say it to emphasize the point that you're more than fine having it in your car while you attend an event inside.

Re: School Parking Lot?

Posted: Wed Mar 07, 2012 1:19 am
by n5wd
grandpa1466 wrote: Anyone have better info than I do? All thoughts appreciated, as I will be doing this again later in the spring and going to a less than savory area of a larger city.
Being worried about being called into the Principal's office isn't any fun whether you're a student, staff, faculty, or.... I feel your pain! :lol:

Unless your district has a provision in the board policies that prohibits you from having a weapon in the parking lot (and since most boards just copy the TEA model board policies or, at the most, make minor changes to the board policies, and they don't prohibit weapons in anything but the buildings) then you should be OK. And, of course, your board's policy won't count when you're at another district's school.

Remember, the 'school activities' provision means if I take my class out into the parking lot to do a science experiment, for example, then I wouldn't be able to carry in that part of the parking lot, but Joe PE teacher, who parked in the next slot at 7AM when he got to the school would be OK since he couldn't know what I was planning on doing later in the day.

As an aside, our SRO says that the drug doggies do NOT detect gunpowder residue. Not sure if that's true or not.

Re: School Parking Lot?

Posted: Wed Mar 07, 2012 9:55 am
by Scott in Houston
n5wd wrote: Unless your district has a provision in the board policies that prohibits you from having a weapon in the parking lot (and since most boards just copy the TEA model board policies or, at the most, make minor changes to the board policies, and they don't prohibit weapons in anything but the buildings) then you should be OK. And, of course, your board's policy won't count when you're at another district's school.

And...
These policies won't affect your legal status. You can't be arrested because of a policy set by the school, but
you can lose your job though as a result of breaking policy. You have no worry regarding arrest regardless.

Re: School Parking Lot?

Posted: Wed Mar 07, 2012 7:16 pm
by tommyg
Park your car off the school grounds and leave your gun in it ( lock it up)don't risk being
an experimental test animal for a court.

Re: School Parking Lot?

Posted: Wed Mar 07, 2012 11:59 pm
by Dragonfighter
tommyg wrote:Park your car off the school grounds and leave your gun in it ( lock it up)don't risk being
an experimental test animal for a court.
And walk how far unarmed?

There is no ambiguity about keeping the weapon in the car except how much you'll win in the wrongful arrest suit.

Re: School Parking Lot?

Posted: Thu Mar 08, 2012 12:05 am
by grandpa1466
Thanks for all the responses, guys. I feel much better about it now. I wasn't at all worried about this trip, but the next one will be in a town and area where I will just feel better having it (and hoping to never have to use it). I may see if I can park on the adjoining street instead of in the parking lot, but I'm not going to sweat it either way this time. As I said it will be in a locked gun safe hidden in the locked car while I'm at the school.

n5wd - sounds like you might be a teacher. I feel YOUR pain. It was getting crazy when I retired in 2006 after 33 years; the legislature has made public school completely insane now. All about the schools' state report card and politics and not about kids... The only skill they are learning is how to take standardized tests.
I was told that some dogs are trained to sniff out just one thing and others on multiple things. Depends on the company the school contracts with, or if the dog is with the police dept.

Scott in Houston - lose my job? I'm retired...I hope they can't fire me from that! :lol:

By the way, there was a "Drug Free/Alcohol Free/Gun Free School Zone" sign posted off the parking lot, on the sidewalk by the door. There was no 30.06 sign in the parking lot.

Re: School Parking Lot?

Posted: Thu Mar 08, 2012 8:41 am
by Dragonfighter
grandpa1466 wrote:Scott in Houston - lose my job? I'm retired...I hope they can't fire me from that! :lol:

By the way, there was a "Drug Free/Alcohol Free/Gun Free School Zone" sign posted off the parking lot, on the sidewalk by the door. There was no 30.06 sign in the parking lot.
I can here it now, "Grandpa, you're fired, now back to work!" "rlol"

You can rest easy, any 30.06 sign would be unenforceable and the Drug Free / Gun Free (yeah right) school zones are preempted by Texas carry laws.

Re: School Parking Lot?

Posted: Thu Mar 08, 2012 5:36 pm
by stevie_d_64
Yep, but don't you dare talk on that thar cell phone or text while going thru that School Zone!!!

:rules: :oops:

Re: School Parking Lot?

Posted: Thu Mar 08, 2012 6:10 pm
by CC Italian
A little late but here is my 2 cents. As someone who works for a school district I can tell you that the advice you got is 100%. Unload it and lock it up. Your fine! You’re retired so you don't have a grounds for termination clause to worry about. A lot of the districts now have those clauses when you sign your contract and you are correct the parking lot bill didn’t help out district employees either. 30.06 signs if you ever see one have no meaning for a chl on public school property and those gun buster signs or the ones that say things like "trespassers with firearms will be met with the maximum penalty of state and federal law" those are my favorite. They are just trying to scare you!

There is so much disinformation about school parking lots out there it is silly! It’s simple if you have a chl you are allowed to have it in the parking lot. Lock it up and forgot about it!

Re: School Parking Lot?

Posted: Thu Mar 08, 2012 10:28 pm
by grandpa1466
Thanks, Guys. Yes, CC Italian. You're right; those Gun Free Drug Free signs are mostly for show for the public. Or maybe they think that wacko with a gun bent on shooting a teacher will be scared away by that sign :rules:

I appreciate all the info, everyone. It really helps. And no, I'm not going back to work; at least not teaching. Served my sentence already :lol:

Re: School Parking Lot?

Posted: Fri Mar 09, 2012 10:10 am
by austin-tatious
CC Italian wrote:A little late but here is my 2 cents. As someone who works for a school district I can tell you that the advice you got is 100%. Unload it and lock it up. Your fine! You’re retired so you don't have a grounds for termination clause to worry about. A lot of the districts now have those clauses when you sign your contract and you are correct the parking lot bill didn’t help out district employees either. 30.06 signs if you ever see one have no meaning for a chl on public school property and those gun buster signs or the ones that say things like "trespassers with firearms will be met with the maximum penalty of state and federal law" those are my favorite. They are just trying to scare you!

There is so much disinformation about school parking lots out there it is silly! It’s simple if you have a chl you are allowed to have it in the parking lot. Lock it up and forgot about it!
I don't think you have to unload it...just leave it in your locked car. And the gun itself does not have to be locked up, just the car (though it's common sense to lock up the gun in the locked car, which I do). Am I wrong? :???:

Re: School Parking Lot?

Posted: Fri Mar 09, 2012 10:23 am
by Kythas
grandpa1466 wrote:I wasn't at all worried about this trip, but the next one will be in a town and area where I will just feel better having it (and hoping to never have to use it).
That's the one hope we all share.

Re: School Parking Lot?

Posted: Fri Mar 09, 2012 7:22 pm
by Originalist
First and foremose, the prohibits guns "on the premise" of a school or school grounds when a school sponsored event is occuring outside the premise.... The law further defines premise as being inside the 4 walls.

Now for the dog, they are taught to smell either drugs or explosive's. I have never seen a dog, in all my life and experience, that can do both. Furthermore, as long as your firearm is clean and the gunpowder is stored in those little airtight packages, called bullets the dog can not smell it. besides, can you imagine during a search, a dog sitting on every police officer it comes across.... :cool:

Re: School Parking Lot?

Posted: Fri Mar 09, 2012 7:25 pm
by grandpa1466
Thanks, AFCop. Makes a lot of sense. Getting more comfortable with this now.