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Tomball Student with Shotgun in Truck

Posted: Thu Feb 28, 2013 11:07 pm
by howdy
Here we go again. I can't see anything illegal, just against District policy:

http://www.click2houston.com/news/Stude ... index.html" onclick="window.open(this.href);return false;

"Today, it was reported to an administrator that a weapon was possibly located in a student vehicle at school. Law enforcement officers were immediately contacted and found a 20 gauge shotgun in a vehicle. The unloaded shotgun was immediately confiscated and police officers arrested the student. The student indicated that the weapon was not going to be used at school. We will continue to take every measure to ensure the safety of our students. It is important for parents take a moment to remind their children about the importance of being..."

Re: Tomball Student with Shotgun in Truck

Posted: Thu Feb 28, 2013 11:48 pm
by Redneck_Buddha
Nimrods.

Re: Tomball Student with Shotgun in Truck

Posted: Fri Mar 01, 2013 1:57 am
by JP171
it was and is illegal for a person to have in his vehicle a weapon on school grounds unless they are licensed under the CHL law, next actually the governmental agency that is the school board can and does infact write laws that pertain to their property to include conduct,allowed items and use, so the student was breaking the law.


NO I do not agree with what happened, I do think that school districts should have oversight by or be under the ownership of a real governmental agency such as a county commissioners court as in other states but in texas it ain't gonna happen

Re: Tomball Student with Shotgun in Truck

Posted: Fri Mar 01, 2013 6:25 am
by jmra
Waiting for one of the old timers to chime in about hunting for squirrels during the five mile walk to school barefoot in two feet of snow uphill both ways. Kept the shotgun in their locker and hung the squirrels in the cafeteria freezer only to find out at lunch time that old lady Olga found the squirrels and everyone ate squirrel stew for lunch.

Re: Tomball Student with Shotgun in Truck

Posted: Fri Mar 01, 2013 7:03 am
by E.Marquez
JP171 wrote:it was and is illegal for a person to have in his vehicle a weapon on school grounds unless they are licensed under the CHL law
Is it? :headscratch

Is that the only exception to the law? a CHL?
The Gun Free School Zones Act(18 U.S.C. § 922(q)) states:
(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—
(i) on private property not part of school grounds;
(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;
(iii) that is— (I) not loaded; and (II) in a locked container, or a locked firearms rack that is on a motor vehicle;
(iv) by an individual for use in a program approved by a school in the school zone;
(v) by an individual in accordance with a contract entered into between a school in the school zone and the individual or an employer of the individual;
(vi) by a law enforcement officer acting in his or her official capacity; or
(vii) that is unloaded and is possessed by an individual while traversing school premises for the purpose of gaining access to public or private lands open to hunting, if the entry on school premises is authorized by school authorities.
(3) (A) Except as provided in subparagraph (B), it shall be unlawful for any person, knowingly or with reckless disregard for the safety of another, to discharge or attempt to discharge a firearm that has moved in or that otherwise affects interstate or foreign commerce at a place that the person knows is a school zone. (B) Subparagraph (A) does not apply to the discharge of a firearm—
(i) on private property not part of school grounds;
(ii) as part of a program approved by a school in the school zone, by an individual who is participating in the program;
(iii) by an individual in accordance with a contract entered into between a school in a school zone and the individual or an employer of the individual; or
(iv) by a law enforcement officer acting in his or her official capacity.

(4) Nothing in this subsection shall be construed as preempting or preventing a State or local government from enacting a statute establishing gun free school zones as provided in this subsection.

Re: Tomball Student with Shotgun in Truck

Posted: Fri Mar 01, 2013 7:32 am
by RPBrown
Most of us "older" folks here would have been in big trouble back in the day. I used to go to school with either a rifle or shotgun on a gun rack in the window of my truck.

For those "younger" folks, a gun rack was just that. It would attach to the back window of your pick up and you would stick your gun up there.

We were always going hunting after school and never was a word said about them being there. Now a days it would get you a reservation at the cross bar motel. Sad state that this world has come to thanks to the politicians and the bad guys.

Re: Tomball Student with Shotgun in Truck

Posted: Fri Mar 01, 2013 8:44 am
by jimlongley
jmra wrote:Waiting for one of the old timers to chime in about hunting for squirrels during the five mile walk to school barefoot in two feet of snow uphill both ways. Kept the shotgun in their locker and hung the squirrels in the cafeteria freezer only to find out at lunch time that old lady Olga found the squirrels and everyone ate squirrel stew for lunch.
Hunting squirrels in the snow was never very productive, but it was not unusual, in my day, to see a bunch of kids on their lunch break invade the farmland that surrounded my central high school on three sides during bird and bunny season, and although we were not allowed to keep guns in the school, they were out in the parking lot all the time.

Re: Tomball Student with Shotgun in Truck

Posted: Fri Mar 01, 2013 10:09 am
by VMI77
jimlongley wrote:
jmra wrote:Waiting for one of the old timers to chime in about hunting for squirrels during the five mile walk to school barefoot in two feet of snow uphill both ways. Kept the shotgun in their locker and hung the squirrels in the cafeteria freezer only to find out at lunch time that old lady Olga found the squirrels and everyone ate squirrel stew for lunch.
Hunting squirrels in the snow was never very productive, but it was not unusual, in my day, to see a bunch of kids on their lunch break invade the farmland that surrounded my central high school on three sides during bird and bunny season, and although we were not allowed to keep guns in the school, they were out in the parking lot all the time.
Yep, and when one of us got a new gun we all looked it over out in the parking lot. None of these guns shot anyone at our school and I don't remember any other school shootings taking place as a result either. I wonder what's changed? I have a feeling it is closely related to liberalism. I came to high school in Texas from junior high in California. There in junior high we had narcs, drug sniffing dogs, gangs, random locker searches, fights, trash can fires, students with knives, girl students with razor blades hidden in their hair, rest room assaults (very dangerous to use the bathrooms at school for boys or girls), and students wandering around high on drugs. And we weren't in the bad part of town --where it was much worse. Not a single one of these events occurred at my new Texas high school.

The presence of guns didn't get people shot and no one got assaulted. In junior high in California students didn't have guns, but there were plenty of assaults. It appeared to me that the difference was cultural. Unfortunately, the "liberal culture" didn't contain itself to places like California and New Jersey, but has spread throughout the nation, to our national detriment.

Re: Tomball Student with Shotgun in Truck

Posted: Fri Mar 01, 2013 10:47 am
by Keith B
JP171 wrote:it was and is illegal for a person to have in his vehicle a weapon on school grounds unless they are licensed under the CHL law, next actually the governmental agency that is the school board can and does infact write laws that pertain to their property to include conduct,allowed items and use, so the student was breaking the law.


NO I do not agree with what happened, I do think that school districts should have oversight by or be under the ownership of a real governmental agency such as a county commissioners court as in other states but in texas it ain't gonna happen
They can't write 'laws'. They can write policy, which would be in violtion of thier rules, but they are not 'laws' and can't legally have someone arrested for it.

Re: Tomball Student with Shotgun in Truck

Posted: Fri Mar 01, 2013 12:23 pm
by howdy
JP171 wrote:it was and is illegal for a person to have in his vehicle a weapon on school grounds unless they are licensed under the CHL law, next actually the governmental agency that is the school board can and does infact write laws that pertain to their property to include conduct,allowed items and use, so the student was breaking the law.


NO I do not agree with what happened, I do think that school districts should have oversight by or be under the ownership of a real governmental agency such as a county commissioners court as in other states but in texas it ain't gonna happen

Can you quote the law that applies?

Re: Tomball Student with Shotgun in Truck

Posted: Fri Mar 01, 2013 12:57 pm
by RottenApple
howdy wrote:
JP171 wrote:it was and is illegal for a person to have in his vehicle a weapon on school grounds unless they are licensed under the CHL law, next actually the governmental agency that is the school board can and does infact write laws that pertain to their property to include conduct,allowed items and use, so the student was breaking the law.


NO I do not agree with what happened, I do think that school districts should have oversight by or be under the ownership of a real governmental agency such as a county commissioners court as in other states but in texas it ain't gonna happen

Can you quote the law that applies?
The Gun Free School Zone (GSFZ) is the applicable federal law that makes it illegal for anyone other than a federal agent, peace officer, or TX CHL to have a firearm (or is it just handguns?) within 1000 feet of a school.

Re: Tomball Student with Shotgun in Truck

Posted: Fri Mar 01, 2013 1:25 pm
by RX8er
RottenApple wrote:
howdy wrote:
JP171 wrote:it was and is illegal for a person to have in his vehicle a weapon on school grounds unless they are licensed under the CHL law, next actually the governmental agency that is the school board can and does infact write laws that pertain to their property to include conduct,allowed items and use, so the student was breaking the law.


NO I do not agree with what happened, I do think that school districts should have oversight by or be under the ownership of a real governmental agency such as a county commissioners court as in other states but in texas it ain't gonna happen

Can you quote the law that applies?
The Gun Free School Zone (GSFZ) is the applicable federal law that makes it illegal for anyone other than a federal agent, peace officer, or TX CHL to have a firearm (or is it just handguns?) within 1000 feet of a school.
RottenApple, I have to disagree if I am reading the GFZA correctly. If you are not a CHL, you can have one that is unloaded and in a locked compartment.
(iii) that is— (I) not loaded; and (II) in a locked container, or a locked firearms rack that is on a motor vehicle;

Re: Tomball Student with Shotgun in Truck

Posted: Fri Mar 01, 2013 1:36 pm
by howdy
This is just a repeat of the charges filed against the HISD Tutor in early February. She was released because no laws were broken. Now he did probably violate school policy and is subject to school discipline.

See this article:
http://www.chron.com/news/houston-texas ... NewsLetter" onclick="window.open(this.href);return false;

Re: Tomball Student with Shotgun in Truck

Posted: Fri Mar 01, 2013 1:46 pm
by baldeagle
JP171 wrote:it was and is illegal for a person to have in his vehicle a weapon on school grounds unless they are licensed under the CHL law, next actually the governmental agency that is the school board can and does infact write laws that pertain to their property to include conduct,allowed items and use, so the student was breaking the law.
Only the legislature can make laws. School districts have no authority to write laws and can only create administrative rules that comply with the laws that the legislature has already written.