Posted: 9/15/2015 4:19:43 PM EDT
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I work for a public school system, and I have been asked about this regarding school premises. I know that we have some experts as well as CHL trainers here, so what is your take on:
Non-School Employee: 1. Carrying (concealed or open) inside the school building - Prohibited? 2. Carrying (concealed or open) outside the school building (walking your child to the front door / parking lot) - NOT Prohibited? 3. Carrying (concealed or open) at an outdoor venue (inside the fence at a football game) - Prohibited? 4. Firearm secured inside a car (parking lot) - NOT Prohibited? School Employee: 1. Carrying (concealed or open) inside the school building - Prohibited (unless a school marshal or otherwise) 2. Carrying (concealed or open) outside the school building (walking your child to the front door / parking lot) - Prohibited by the Employer 3. Carrying (concealed or open) at an outdoor venue (inside the fence at a football game) - Prohibited (unless a school marshal or otherwise) 4. Firearm secured inside a car (parking lot) - Prohibited by Employer? I'm I on point or am I confused here? The real issue is daddy walks his little girl up the front doors of the elementary school with a 1911 on his hip...can he do this? (Assume CHL holder after 1.1.16) |
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Quoted:
I work for a public school system, and I have been asked about this regarding school premises. I know that we have some experts as well as CHL trainers here, so what is your take on: Non-School Employee: 1. Carrying (concealed or open) inside the school building - Prohibited? I assume high school or lower grades. Under a handgun license or not, he may not carry under a handgun license, open or concealed, UNLESS pursuant to written regulation or authorization of the school. The campus carry law applies to institutions of Higher Education 2. Carrying (concealed or open) outside the school building (walking your child to the front door / parking lot) - NOT Prohibited? Incorrect......No open carry at school, conclealed carry OK with license outside buildings 3. Carrying (concealed or open) at an outdoor venue (inside the fence at a football game) - Prohibited? No open carry, no concealed carry at High School Sporting Events 4. Firearm secured inside a car (parking lot) - NOT Prohibited?Correct School Employee: 1. Carrying (concealed or open) inside the school building - Prohibited (unless a school marshal or otherwise)Correct, unless pursuant to written authorization 2. Carrying (concealed or open) outside the school building (walking your child to the front door / parking lot) - Prohibited by the Employer Employers (school district) can prohibit 3. Carrying (concealed or open) at an outdoor venue (inside the fence at a football game) - Prohibited (unless a school marshal or otherwise) High School sporting event off limits, grounds of school sponsored event OK with written authorization 4. Firearm secured inside a car (parking lot) - Prohibited by Employer? right I'm I on point or am I confused here? The real issue is daddy walks his little girl up the front doors of the elementary school with a 1911 on his hip...can he do this? (Assume CHL holder after 1.1.16) I assume for all questions that it is after 01/01/2016. Answers in RED Hope this helps... |
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I thought that after the session 2 years ago, that employers could not prohibit employees from leaving a weapon in their locked vehicle (except for under some very specific circumstances regarding oil, gas, pipelines, etc.)? I also thought that anyone was allowed to carry if they have a CHL on the premises (ie. the outside grounds) of a school, which is different from inside the building. |
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Quoted:
I thought that after the session 2 years ago, that employers could not prohibit employees from leaving a weapon in their locked vehicle (except for under some very specific circumstances regarding oil, gas, pipelines, etc.)? I also thought that anyone was allowed to carry if they have a CHL on the premises (ie. the outside grounds) of a school, which is different from inside the building. 1. School districts are on that list of employers that can still prohibit employees from keeping firearms in their vehicle on school property. 2. You are mixing terms....premises is a building or portion or a building, and is off limits to carry. It will still be illegal to open carry at a high school, but since you asked I am doubting myself.. Let me rethink that and post back. |
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In reading Sections 46.03 of the Texas Penal Code it looks like:
1. Guns are prohibited on the physical premises of a school (defined later as building) 2. Guns are prohibited outside at school events. 3. Guns are NOT prohibited in the parking lot, sidewalk, etc. I understand that there's a federal "gun free zone" law, but I don't see that it applies. So here's the question - A dad walks his baby up to the front door of the school and he has a pistol on his hip (either now concealed or after 1.1.16 open). A police officer sees this. This person can be prosecuted pursuant to exactly which law? I do not see that he can. |
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Quoted:
In reading Sections 46.03 of the Texas Penal Code it looks like: So here's the question - A dad walks his baby up to the front door of the school and he has a pistol on his hip (either now concealed or after 1.1.16 open). A police officer sees this. This person can be prosecuted pursuant to exactly which law? I do not see that he can. The described scenario is not arrestable. Not a violation |
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Quoted:
So here's the question - A dad walks his baby up to the front door of the school and he has a pistol on his hip (either now concealed or after 1.1.16 open). A police officer sees this. This person can be prosecuted pursuant to exactly which law? I do not see that he can. Concealed is GTG. So far it seems the ban on OC/Campus only applies to "Institution of higher education" and "private or independent institution of higher education", which is generally defined as college or trade school. More research needed.... |
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Yeah walking up to the door and openeing the door for your kid with concealed handgun as a CHL holder is legal. The parking lots are irrelevant and are public places. " gun and drug free zone " signs you see, are only taken into account when you are committing a CRIME in those locations. There is an enhancement in that case to a higher offense class. Usually one step. |
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Meaningless in most cases. Quoted:
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What about schools that post 30.06 signs at the entrance to the parking lots? There is at least one in the Austin area like that. Meaningless in most cases. And in the case of my children's Austin school, the 30.06 signs have all been removed I believe as the recent legislative changes now allow civil penalties for incorrectly posted signage. |
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Quoted: 1. School districts are on that list of employers that can still prohibit employees from keeping firearms in their vehicle on school property. 2. You are mixing terms....premises is a building or portion or a building, and is off limits to carry. It will still be illegal to open carry at a high school, but since you asked I am doubting myself.. Let me rethink that and post back. Quoted: Quoted: I thought that after the session 2 years ago, that employers could not prohibit employees from leaving a weapon in their locked vehicle (except for under some very specific circumstances regarding oil, gas, pipelines, etc.)? I also thought that anyone was allowed to carry if they have a CHL on the premises (ie. the outside grounds) of a school, which is different from inside the building. 1. School districts are on that list of employers that can still prohibit employees from keeping firearms in their vehicle on school property. 2. You are mixing terms....premises is a building or portion or a building, and is off limits to carry. It will still be illegal to open carry at a high school, but since you asked I am doubting myself.. Let me rethink that and post back. I see where the OC law specifically excluded OC even outside of the buildings on a college campus, but I cannot find the wording where that extends to any other location. |
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I see where the OC law specifically excluded OC even outside of the buildings on a college campus, but I cannot find the wording where that extends to any other location. Quoted:
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I thought that after the session 2 years ago, that employers could not prohibit employees from leaving a weapon in their locked vehicle (except for under some very specific circumstances regarding oil, gas, pipelines, etc.)? I also thought that anyone was allowed to carry if they have a CHL on the premises (ie. the outside grounds) of a school, which is different from inside the building. 1. School districts are on that list of employers that can still prohibit employees from keeping firearms in their vehicle on school property. 2. You are mixing terms....premises is a building or portion or a building, and is off limits to carry. It will still be illegal to open carry at a high school, but since you asked I am doubting myself.. Let me rethink that and post back. I see where the OC law specifically excluded OC even outside of the buildings on a college campus, but I cannot find the wording where that extends to any other location. OC on college campus can turn into a problem where on a campus like UTA where city streets go through the campus. Can you walk through a city street that cuts through a campus on the sidewalk? Not a big problem on most community colleges and the campuses all seem to have defined enterances/exits. |
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Do you think that we will ever get that changed? I hate that school districts can prohibit their employees from keeping it in the car. Seems pretty useless since you can park your car 10 feet away on the street and be perfectly legal. The parent can park in the same parking lot as the teachers and leave their pistol in the car, but the teachers are denied that right.
Quoted:
1. School districts are on that list of employers that can still prohibit employees from keeping firearms in their vehicle on school property. 2. You are mixing terms....premises is a building or portion or a building, and is off limits to carry. It will still be illegal to open carry at a high school, but since you asked I am doubting myself.. Let me rethink that and post back. Quoted:
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I thought that after the session 2 years ago, that employers could not prohibit employees from leaving a weapon in their locked vehicle (except for under some very specific circumstances regarding oil, gas, pipelines, etc.)? I also thought that anyone was allowed to carry if they have a CHL on the premises (ie. the outside grounds) of a school, which is different from inside the building. 1. School districts are on that list of employers that can still prohibit employees from keeping firearms in their vehicle on school property. 2. You are mixing terms....premises is a building or portion or a building, and is off limits to carry. It will still be illegal to open carry at a high school, but since you asked I am doubting myself.. Let me rethink that and post back. |
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Do you think that we will ever get that changed? I hate that school districts can prohibit their employees from keeping it in the car. Seems pretty useless since you can park your car 10 feet away on the street and be perfectly legal. The parent can park in the same parking lot as the teachers and leave their pistol in the car, but the teachers are denied that right.... <----teacher Probably not. At an inservice training event shortly after Sandy Hook, one of the attorneys for our district made the comment that our district would never approve teachers carrying guns in school. They are more fearful of the liability risk of an accident or negligent act on the part of staff then the risk of a school shooter. |
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Quoted: OC on college campus can turn into a problem where on a campus like UTA where city streets go through the campus. Can you walk through a city street that cuts through a campus on the sidewalk? Not a big problem on most community colleges and the campuses all seem to have defined enterances/exits. Quoted: Quoted: Quoted: Quoted: I thought that after the session 2 years ago, that employers could not prohibit employees from leaving a weapon in their locked vehicle (except for under some very specific circumstances regarding oil, gas, pipelines, etc.)? I also thought that anyone was allowed to carry if they have a CHL on the premises (ie. the outside grounds) of a school, which is different from inside the building. 1. School districts are on that list of employers that can still prohibit employees from keeping firearms in their vehicle on school property. 2. You are mixing terms....premises is a building or portion or a building, and is off limits to carry. It will still be illegal to open carry at a high school, but since you asked I am doubting myself.. Let me rethink that and post back. I see where the OC law specifically excluded OC even outside of the buildings on a college campus, but I cannot find the wording where that extends to any other location. OC on college campus can turn into a problem where on a campus like UTA where city streets go through the campus. Can you walk through a city street that cuts through a campus on the sidewalk? Not a big problem on most community colleges and the campuses all seem to have defined enterances/exits. Based on the final version... no. It specifically outlaws OC on sidewalks and such. I know what you are talking about like how Cooper St. runs right through UTA campus. The way this is written, you are 100% legal to OC in front of the Mc Donalds on the North side of campus... but the second you cross Abrams and hit the sidewalk on the other side, you are in violation. You can still conceal on the same sidewalk. Hopefully this changes next session. This is what we had to do to get CC passed this session. Turns out it was a RINO who pulled this crap (Huffman). |