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Posted: 3/28/2006 6:37:15 PM EDT
I know one of the prohibited places of concealed carry in Texas is schools.

HOWEVER, you do NOT need a license to carry a pistol with you in your car and it MUST be concealed.


So how does that apply to school parking lots? I commute an hour there and an hour back monday through thursay and I am NOT going to do that kind of traveling unarmed on a daily basis.

Am I (a) Legal, because a parking lot doesn't count as "school premises"
(b) Legal, because you aren't actually carrying the pistol on school premises because you aren't in the car with the gun. Its locked in your car and you aren't with it. or
(c) Illegal.

And I've checked packing.org and searched google generally. I'm afraid the law may just not be clear on this but I'd like to check here and see if anybody knows the answer to this.
Link Posted: 3/29/2006 2:46:57 PM EDT
Contact the school PD...they should be able to point you in the right direction for the statute.

The federal one was overruled, so don't let them try and use that one.
Link Posted: 3/29/2006 8:49:07 PM EDT
Pretty sure that would be legal to have.

Think about a courthouse, you can carry in it, but if your in the parking lot thats ok. I assume it would be the same way for a school.

Univeristy? or Highschool / Middleschool / Elementary School?

I don't think a University is counted in that statute.
Link Posted: 3/29/2006 9:12:04 PM EDT
University is counted as a school. In Texas, with a CHL, you my possess a concealed firearm on school premises but not in a school building. It may stay in your car.

Without the CHL, you are in violation of the 1000yd drug/gun ban around TX schools.

I am a College professor and have done the extensive research.
Link Posted: 3/30/2006 7:00:54 PM EDT
If the parking lot isnt school property you should be okay. IMO i would contact someone who would know for sure.
Link Posted: 3/31/2006 12:47:09 PM EDT

Originally Posted By RDP:

The federal one was overruled, so don't let them try and use that one.



About the federal "firearms free zone" law being overruled. It was originally enacted in 1990, overturned by the SCOTUS in 1995, then modified and renacted by Congress in 1996.

After modification, the federal law applies to schools K-12 and the firearm must have been moved in interstate or foreign commerce.

Here is a copy of the actual law.
www.gunlaws.com/Gun_Free_School_Zones_Act.pdf
Link Posted: 3/31/2006 1:13:06 PM EDT
University.

And I'm pretty sure the parking lot is school property.

I would ask the school PD but they would probably search my car while I'm in class just for asking.

SucalT: Does that take into account the revised definition of "travelling?" I know I can drive with a concealed handgun in the car even though I haven't got my concealed carry license yet. Could you point me towards where you found this stuff out so I can look for myself?

Thanks for all the replies.
Link Posted: 3/31/2006 2:13:43 PM EDT
I believe it was around 2000, when it was overturned again.

The basis was a "school zone" is regulated by local government. The feds have no business dictating what a school zone is or in an attempt to regulate one.

I need to hit the ATF office again next week.......I'll see if I can find the exact date.
Link Posted: 4/7/2006 8:11:31 PM EDT
A school's premisis does not extend to the school parking lot, or the sidewalk in front of the school. If you take a CHL class, they ought to explain this.

Since I work at a school, and I have a CHL / like to hit the range after work, I wanted to know if I could leave my CHL piece locked in a case in my locked vehicle. In August of 2002 I sent a letter to the Texas State Attorney general. The following was the response:

"Please refer to your concealed to carry handgun law book on pages 31, 32 and
33 under PC46.03 and PC46.035. On page 33, under (f)(3) Premises-means a
building or a portion of a building. The terms does not include any public
or private driveway, street, sidewalk or walkway, parking lot, parking
garage or other parking area."


-Semper Yut
Link Posted: 4/7/2006 9:59:15 PM EDT

Originally Posted By Fishman_P97DC:
A school's premisis does not extend to the school parking lot, or the sidewalk in front of the school. If you take a CHL class, they ought to explain this.

Since I work at a school, and I have a CHL / like to hit the range after work, I wanted to know if I could leave my CHL piece locked in a case in my locked vehicle. In August of 2002 I sent a letter to the Texas State Attorney general. The following was the response:

"Please refer to your concealed to carry handgun law book on pages 31, 32 and
33 under PC46.03 and PC46.035. On page 33, under (f)(3) Premises-means a
building or a portion of a building. The terms does not include any public
or private driveway, street, sidewalk or walkway, parking lot, parking
garage or other parking area."


-Semper Yut



Thats exactly what I needed. Thanks.
Link Posted: 4/7/2006 10:28:58 PM EDT
Looks like you're ok. I was thinking that § 46.13. MAKING A FIREARM ACCESSIBLE TO A CHILD. would be an issue but it defines a child as being under 17yrs.

Also keep in mind, that since the 46.15 was amended in Sept of last year, you are parked and hence no longer traveling and states *Is in a motor vehicle*! That IMO would weaken the defence to prosecution.

Just be sure you park more than 300ft from the premises.
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