Long gun in school parking lot?

[poppo]

I've searched but can not come up with a definitive answer on this. Can one who is not a school employee have a long gun (locked up and out of sight) in their vehicle while on the school parking lot? Additionally can it be left locked up in the vehicle if you have to go into one of the buildings? I have read conflicting answers to this question. What I would like is to see something in writing one way or another.

[Keith B]

I've searched but can not come up with a definitive answer on this. Can one who is not a school employee have a long gun (locked up and out of sight) in their vehicle while on the school parking lot? Additionally can it be left locked up in the vehicle if you have to go into one of the buildings? I have read conflicting answers to this question. What I would like is to see something in writing one way or another.

No you can't. You would be in violation of the Gun Free School Zone Act. A CHL has an exception if in the state their license is issued (written into the law.)

http://www.gunlaws.com/Gun_Free_School_Zones_Act.pdf" onclick="window.open(this.href);return false;

http://en.wikipedia.org/wiki/Gun-Free_S ... ct_of_1990" onclick="window.open(this.href);return false;

EDIT TO ADD: There is an exception for unloaded and locked up in a case or gun rack, but if you are an employee you may have other restricitons from a job standpoint.

[poppo]

No you can't. You would be in violation of the Gun Free School Zone Act. A CHL has an exception if in the state their license is issued (written into the law.)

And there lies the question. All references (that I found) referring to a CHL holder on a school parking lot say "firearm" and not specifically handgun. So while I understand that a CHL is for a handgun, the terminology used makes it sound like a CHL holder could indeed leave a "firearm" (long gun) locked up.

And then there is this from the link you provided which seems to indicacte that if it's unloaded and locked up, it's ok.

The Gun Free School Zones Act states:
2)(A) It shall be unlawful for any individual knowingly to possess a firearm that has moved in or that otherwise affects interstate or foreign commerce at a place that the individual knows, or has reasonable cause to believe, is a school zone.

(B) Subparagraph (A) does not apply to the possession of a firearm—
........
(iii) that is— (I) not loaded; and (II) in a locked container, or a locked firearms rack that is on a motor vehicle;

[Keith B]

No you can't. You would be in violation of the Gun Free School Zone Act. A CHL has an exception if in the state their license is issued (written into the law.)

And there lies the question. All references (that I found) referring to a CHL holder on a school parking lot say "firearm" and not specifically handgun. So while I understand that a CHL is for a handgun, the terminology used makes it sound like a CHL holder could indeed leave a "firearm" (long gun) locked up.

And then there is this from the link you provided which seems to indicacte that if it's unloaded and locked up, it's ok.

The Gun Free School Zones Act states:
2)(A) It shall be unlawful for any individual knowingly to possess a firearm that has moved in or that otherwise affects interstate or foreign commerce at a place that the individual knows, or has reasonable cause to believe, is a school zone.

(B) Subparagraph (A) does not apply to the possession of a firearm—
........
(iii) that is— (I) not loaded; and (II) in a locked container, or a locked firearms rack that is on a motor vehicle;

Remember, a CHL is a Concealed HANDGUN License, so it would only pertain to a handgun. Long guns would fall under other statutes. So, the GFSZA is the rule for the long gun.

[Jim88]

I guess it's been a long time since going to high school in East Texas where everyone with a pickup had a rifle or shotgun in their gun rack.

[poppo]

Remember, a CHL is a Concealed HANDGUN License, so it would only pertain to a handgun. Long guns would fall under other statutes. So, the GFSZA is the rule for the long gun.

Agreed. So does the

(iii) that is— (I) not loaded; and (II) in a locked container, or a locked firearms rack that is on a motor vehicle;

cover a long gun? I can't seem to find a definitive answer.

The reason I ask is because I will be taking a tech class at a junior college. It's about a 50 mile drive for me one way. But there is a range very close to the campus, and it would be nice to be able to go do some long gun shooting after classes once in a while. There is no convinient parking off the campus (at least none I've seen).

[srothstein]

Remember, a CHL is a Concealed HANDGUN License, so it would only pertain to a handgun. Long guns would fall under other statutes. So, the GFSZA is the rule for the long gun.

This could be a very interesting point, and is a debatable one in many cases. While a CHL applies to handguns under Texas law, there is a strong argument that the law is worded in such a way as to include knives and clubs under it. More relevant to this discussion though, is the argument that the CHL is a Texas law and the federal law covers all states. Since other states issue other types of licenses, from the "concealed weapons permit" to the "firearm owner's ID Card", the question then becomes how the federal law defines the license.

And, it looks to me like the federal legal exemption for a CHL license in a school zone only applies to a pistol in Texas. The exact wording of the law is:

(ii) if the individual possessing the firearm is licensed to do so by the State in which the school zone is located or a political subdivision of the State, and the law of the State or political subdivision requires that, before an individual obtains such a license, the law enforcement authorities of the State or political subdivision verify that the individual is qualified under law to receive the license;

Note that the law says you must be licensed for the firearm. A CHL in Texas does not license you for a long gun. The long gun would have to come under some other exemption to be legal.

So, it looks to me like the previously mentioned exemption for unloaded and locked long guns covers the only way for a Texan to have a long gun on a campus.


EDIT: Poppo, you missed a more important point. The federal gun free zone only applies to high school and lower. It doesn't cover college campuses. That would be covered under the MPA. You can have you rifle in your car if secured (to prevent theft, not to be covered under the law).

[poppo]

EDIT: Poppo, you missed a more important point. The federal gun free zone only applies to high school and lower. It doesn't cover college campuses. That would be covered under the MPA. You can have you rifle in your car if secured (to prevent theft, not to be covered under the law).

First, thanks for pointing out that GFZs don't include college campuses. Since I have not needed to go onto ANY school grounds, I had never realized there was a difference.

Ok, stupid question. What is MPA?

So, one can legally have a long gun in their vehicle on a college campus, but the school may have a policy against it, correct?

[Jumping Frog]

So, one can legally have a long gun in their vehicle on a college campus, but the school may have a policy against it, correct?

Correct. You would not be in legal trouble -- it is not a criminal offense -- but it is possible for a person to have college disciplinary issues if they violate a school policy.

[AdioSS]

MPA = Motorists Protection Act

[JeepGuy79]

If someone finds a locked and stored long gun in your car I think you have prolly already done something worse than having a gun in a parking lot.

[poppo]

If someone finds a locked and stored long gun in your car I think you have prolly already done something worse than having a gun in a parking lot.

True, but you never know. One could have a fender bender or something and someone might spot it. No trunk on a pickup truck, so it would have to be in the back seat (covered up of course).

Anyway, thanks for the replies, trying to do a Google on this didn't turn up anything useful. Everyone is normally talking about handguns when it comes to places that are off limits. And it doesn't help when the laws tend to lump everything together with the term "firearm".

[Dave2]

MPA = Motorists Protection Act

My understanding is since that's not something that you're specifically licensed for, it wouldn't qualify for an exception to the Federal Gun Free School Zone law.

[Dave2]

If someone finds a locked and stored long gun in your car I think you have prolly already done something worse than having a gun in a parking lot.

True, but you never know. One could have a fender bender or something and someone might spot it. No trunk on a pickup truck, so it would have to be in the back seat (covered up of course).

Anyway, thanks for the replies, trying to do a Google on this didn't turn up anything useful. Everyone is normally talking about handguns when it comes to places that are off limits. And it doesn't help when the laws tend to lump everything together with the term "firearm".

Please note that I'm not a lawyer, but IMHO if the legislature had meant "handgun", they would've said "handgun" and not "firearm". Of course, even if I'm right, your judge may not see it that way.

[Jumping Frog]

I never worry about the GFSZA. If normal law abiding citizens were being charged federally for this kind of stuff, we'd have heard about it.

Local police are not making federal charges.

Now, if I was a drug dealer getting arrested by the DEA, then an add-on firearm charge would be more probable.