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Old 01-14-2013, 12:18 PM   #1
'90Vert
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Default CHL? Gun in car in school parking lot? Teacher?

I took a CHL class yesterday. The instructor said that a parent or etc could leave a gun secured inside the car while in the building but that the law doesn't allow a teacher to do the same thing.
Somebody else said that want true and that a teacher can leave a gun secured in the car?

Anybody know for certain? Does school district policy change this answer from school district to school district?
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Old 01-14-2013, 12:35 PM   #2
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I do not recall anything specifically excluding teachers from being able to keep a handgun in their car in the school parking lot unless it is part of the "parking lot bill" from a couple years ago.
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Old 01-14-2013, 12:37 PM   #3
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I remeber my instructor saying that an employee that isnt allowed to carry at work was allowed to secure their firearm in their car, same for schools.
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Old 01-14-2013, 12:53 PM   #4
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My instructor basically said under a cover or "in a building" (ie porte-cocher's etc.) are off limits.

Looking at it there are two laws at play. One is the "Gun Free Zone" which prohibits someone from having a gun within 1000' of a school. However that says
Quote:
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;
Meaning if you have a CHL, then it's up to the state's laws.
The Texas CHL law say you can't carry in school premises and defines those as
Quote:
“Premises” means a building or a p ortion of a building. The
term does not include any public or private driveway, street, sidewalk or
walkway, parking lot, parking garage, or other parking area.
So... parking lot good. Building bad.

Although I saw a mention of a "new parking lot law" with some sort of teacher/school exemption that might be relevant, but I stopped wasting time on the search.

Also, the school district's policy might prohibit it.
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Old 01-14-2013, 12:53 PM   #5
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Each ISD will have their own policy regarding bringing weapons on campus. My district doesn't allow it. We are in the process of going to the board to get that changed though.
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Old 01-14-2013, 01:00 PM   #6
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I remeber my instructor saying that an employee that isnt allowed to carry at work was allowed to secure their firearm in their car, same for schools.
Instructor yesterday said schools and oil rigs were the exception to that law?
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Old 01-14-2013, 01:00 PM   #7
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Each ISD will have their own policy regarding bringing weapons on campus. My district doesn't allow it. We are in the process of going to the board to get that changed though.
Mansfield ISD?
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Old 01-14-2013, 01:07 PM   #8
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Instructor yesterday said schools and oil rigs were the exception to that law?
Mine was several years ago, so that may have changed. I asked for some clarification since my house is within 1000' of a school, so he went into it further.
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Old 01-14-2013, 01:09 PM   #9
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Mine was several years ago, so that may have changed. I asked for some clarification since my house is within 1000' of a school, so he went into it further.
I also live within 1000' of a school so I don't see how that is enforceable
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Old 01-14-2013, 01:09 PM   #10
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Mansfield ISD?
Arlington.
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Old 01-14-2013, 01:17 PM   #11
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Arlington.
Where?
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Old 01-14-2013, 01:33 PM   #12
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Learned something interesting there, I was under the impression that the parking lot was included - although some nights I risked it.

Not a teacher, but not allowing licensed adults is stupid in my opinion.
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Old 01-14-2013, 01:40 PM   #13
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Quote:
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Mine was several years ago, so that may have changed. I asked for some clarification since my house is within 1000' of a school, so he went into it further.
You're on private property, so you're covered there under the laws as I understand them.

I do worry about the laws changing. Can anyone clarify the teacher/oil rig exemptions?
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Old 01-14-2013, 01:46 PM   #14
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Where?

Arlington High
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Old 01-14-2013, 01:51 PM   #15
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Arlington High
My wife and MIL are at Seguin
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Old 01-14-2013, 02:11 PM   #16
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SUBCHAPTER G. RESTRICTIONS ON PROHIBITING EMPLOYEE TRANSPORTATION OR STORAGE OF CERTAIN FIREARMS OR AMMUNITION
Sec. 52.061. RESTRICTION ON PROHIBITING EMPLOYEE ACCESS TO OR STORAGE OF FIREARM OR AMMUNITION. A public or private employer may not prohibit an employee who holds a license to carry a concealed handgun under Subchapter H, Chapter 411, Government Code, who otherwise lawfully possesses a firearm, or who lawfully possesses ammunition from transporting or storing a firearm or ammunition the employee is authorized by law to possess in a locked, privately owned motor vehicle in a parking lot, parking garage, or other parking area the employer provides for employees.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1058, Sec. 1, eff. September 1, 2011.
Sec. 52.062. EXCEPTIONS. (a) Section 52.061 does not:
(1) authorize a person who holds a license to carry a concealed handgun under Subchapter H, Chapter 411, Government Code, who otherwise lawfully possesses a firearm, or who lawfully possesses ammunition to possess a firearm or ammunition on any property where the possession of a firearm or ammunition is prohibited by state or federal law; or
(2) apply to:
(A) a vehicle owned or leased by a public or private employer and used by an employee in the course and scope of the employee's employment, unless the employee is required to transport or store a firearm in the official discharge of the employee's duties;
(B) a school district;
(C) an open-enrollment charter school, as defined by Section 5.001, Education Code;
(D) a private school, as defined by Section 22.081, Education Code;
(E) property owned or controlled by a person, other than the employer, that is subject to a valid, unexpired oil, gas, or other mineral lease that contains a provision prohibiting the possession of firearms on the property; or
(F) property owned or leased by a chemical manufacturer or oil and gas refiner with an air authorization under Chapter 382, Health and Safety Code, and on which the primary business conducted is the manufacture, use, storage, or transportation of hazardous, combustible, or explosive materials, except in regard to an employee who holds a license to carry a concealed handgun under Subchapter H, Chapter 411, Government Code, and who stores a firearm or ammunition the employee is authorized by law to possess in a locked, privately owned motor vehicle in a parking lot, parking garage, or other parking area the employer provides for employees that is outside of a secured and restricted area:
(i) that contains the physical plant;
(ii) that is not open to the public; and
(iii) the ingress into which is constantly monitored by security personnel.
(b) Section 52.061 does not prohibit an employer from prohibiting an employee who holds a license to carry a concealed handgun under Subchapter H, Chapter 411, Government Code, or who otherwise lawfully possesses a firearm, from possessing a firearm the employee is otherwise authorized by law to possess on the premises of the employer's business. In this subsection, "premises" has the meaning assigned by Section 46.035(f)(3), Penal Code.
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Old 01-14-2013, 02:33 PM   #17
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So... if you're a teacher and they (the school district) say "no guns in your car" then that's the law.
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Old 01-14-2013, 05:49 PM   #18
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Quote:
Originally Posted by goofygrin View Post
So... if you're a teacher and they (the school district) say "no guns in your car" then that's the law.
pretty much
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Old 01-14-2013, 07:58 PM   #19
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Quote:
Originally Posted by goofygrin View Post
So... if you're a teacher and they (the school district) say "no guns in your car" then that's the law.
I was taking my CHL renewal on Saturday and the instructor said the teachers' union sold them out.
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Old 01-17-2013, 12:17 PM   #20
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Hell, they are mostly like post office employees. Wanna let the mail carriers all carry guns to the post office ?
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