Can i carry a shotgun in my car even though its in my dads name?

[Bithabus]

Exactly.
You can also carry it while driving your spouse's car, boyfriend/girlfriend's car, best friend's car, etc.
As long as you are:

Permitted by the owner to drive the vehicle in question, and are not involved in anything illegal (outside of minor traffic violations), or a member of a criminal streetgang...

you are okay.

He's asking about a long gun.

 

[Whiskey_Rocka_Rolla]

Sure but if you drive within 1000 feet of school zone, or onto Federal Property, you commit a Federal Felony.

What? So driving within 1000 feet of a school zone...with a shotgun..is a felony? Is it just long guns, or ANY guns? Are you sure that is what the law says? I LIVE within 1K feet of a school zone so that would be impossible for me to even leave my house with the shotgun, EVER, without committing a felony. Are you 100% sure that's what the law says? As for college campuses, I actually called the U of H Police and they told me it is perfectly legal to have a gun in my car, while parked on U of H parking lots (but it is against U of H policy, I just can not have legal action taken against me because of it) but I just can not take it out of my car onto school property (yet..hoping to erase that ridiculous law soon...why make me disarm to go to class, when I have to walk through one of the worst neighborhoods in Houston to get back to my car AT NIGHT???).

 

[winchster]

What? So driving within 1000 feet of a school zone...with a gun..is a felony? I LIVE within 1K feet of a school zone so that would be impossible for me to even leave my house with the shotgun, EVER, without committing a felony. Are you 100% sure that's what the law says? As for college campuses, I actually called the U of H Police and they told me it is perfectly legal to have a gun in my car, but I just can not take it out of my car onto school property.

Apparently, I thought it didn't apply if you lived inside a school zone but I see no provision for that in the text.

(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.

 

[alexrex20]

I think the confusion is in the connotation and interpretation of school zone. It sounds like the law is considering a school zone as simply school property.

I live across the street from an elementary school and I highly doubt it is illegal for me to drive up and down my street with a loaded long gun in the front seat. I do it every day with my handgun...

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[winchster]

I think the confusion is in the connotation and interpretation of school zone. It sounds like the law is considering a school zone as simply school property.

I live across the street from an elementary school and I highly doubt it is illegal for me to drive up and down my street with a loaded long gun in the front seat. I do it every day with my handgun...

Sent from my PC36100 using Tapatalk

Nope. see part B

Title 18 U.S.C. §921(25) The term “school zone” means— (A) in, or on the grounds of, a public, parochial or private school; or (B) within a distance of 1,000 feet from the grounds of a public, parochial or private school. (26) The term “school” means a school which provides elementary or secondary education, as determined under State law.

 

[txinvestigator]

To clarify;

Renegade lists the federal law, and unless you have a CHL possesion of a firearm within 1000 feet of a school is unlawful. Businesses and homes are exempt.

You will not find federal policemen pulling people over in school zones, though. Non federal cops, like cops, Sheriffs and troopers, cannot enforce federal laws with rare exception. You will not have an issue getting stopped by a non-fed. It is a non issue.

Now, if you are a drug runner, fugitive, bank robber, etc., expect the non federal cop to hold you for a visit by a federal who will hit you with the federal violation.

 

[codygjohnson]

Now, if you are a drug runner, fugitive, bank robber, etc., expect the non federal cop to hold you for a visit by a federal who will hit you with the federal violation.

What of you're just a general roughian or perhaps a part time pirate?

 

[txinvestigator]

What of you're just a general roughian or perhaps a part time pirate?

Maritime law applies to all pirates, so good to go. Roughians not so much.

 

[Renegade]

Apparently, I thought it didn't apply if you lived inside a school zone but I see no provision for that in the text.

(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.

Highlighted in red the part you missed.

 

[Renegade]

To clarify;

Renegade lists the federal law, and unless you have a CHL possesion of a firearm within 1000 feet of a school is unlawful. Businesses and homes are exempt.

You will not find federal policemen pulling people over in school zones, though. Non federal cops, like cops, Sheriffs and troopers, cannot enforce federal laws with rare exception. You will not have an issue getting stopped by a non-fed. It is a non issue.

Now, if you are a drug runner, fugitive, bank robber, etc., expect the non federal cop to hold you for a visit by a federal who will hit you with the federal violation.

1) It is true there are few Federal Police Officers pulling people over. But if you look at all the people in FPMITA prisons almost none were initially arrested by Feds. Almost all contacts started with school officials or non-LEOs.

2) I have seen my Postal Inspector on several occasions at my Post Office. He can arrest on the spot if he sees a gun in your truck.

3) Many Federal parking lots near Federal Facilities. Many of these older ones (such as in Dallas), are not secured and you many not even know you are parking on Federal Property.

4) Many Texas lakes and the boat ramps to them are Federal Property.

5) The of course there are the prohibited places under Texas law too.

6) As a Law-abiding citizen, I do make my decisions to break or obey laws based on probability of getting caught. I would assume many others behave the same way, but I guess one never knows till you read about them getting sentenced in the paper.

So my point here is it really is not as simple as just putting a gun in a rack and thinking you are GTG. There are a lot of places you cannot go.

 

[Renegade]

Renegade lists the federal law, and unless you have a CHL possesion of a firearm within 1000 feet of a school is unlawful. Businesses and homes are exempt..

CHL only covers you for your CHL firearm, not a longarm, and does not cover you for intrusions into Federal Property generally.

 

[Renegade]

What? So driving within 1000 feet of a school zone...with a shotgun..is a felony? Is it just long guns, or ANY guns? Are you sure that is what the law says? I LIVE within 1K feet of a school zone so that would be impossible for me to even leave my house with the shotgun, EVER, without committing a felony. Are you 100% sure that's what the law says? As for college campuses, I actually called the U of H Police and they told me it is perfectly legal to have a gun in my car, while parked on U of H parking lots (but it is against U of H policy, I just can not have legal action taken against me because of it) but I just can not take it out of my car onto school property (yet..hoping to erase that ridiculous law soon...why make me disarm to go to class, when I have to walk through one of the worst neighborhoods in Houston to get back to my car AT NIGHT???).

First, let us start with what was asked in POST #1, as this sets the context:

Am I allowed to carry a shotgun in my car or truck if it is in my dads name? Also if I can is it legal to have it in a gun rack?

So yes, in the scenario you cannot have a gun in a rack and drive within 1000 feet of school zone. See post #23 for exemptions and how to legally transport a firearm through a school zone. Also, under relevant Fed Law, Colleges are not schools.

ETA:

So if it is unloaded and in a locked gun rack, he is OK on School Zones, but he still needs to watch out for Fed Property, and Texas Prohibited places. IMO, the days of visible gun racks are over for EDC.

 

[alexrex20]

Not a good idea anyway. It's just an open invite to have your firearm stolen.

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[Whiskey_Rocka_Rolla]

I think the confusion is in the connotation and interpretation of school zone. It sounds like the law is considering a school zone as simply school property.

I live across the street from an elementary school and I highly doubt it is illegal for me to drive up and down my street with a loaded long gun in the front seat. I do it every day with my handgun...



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I live right next to a school also and never go anywhere without a 12 guage in my trunk, (not visible) and a 9mm on my side.

 

[smtimelevi]

Maritime law applies to all pirates, so good to go. Roughians not so much.

Lmao

 

[itchin]

I live right next to a school also and never go anywhere without a 12 guage in my trunk, (not visible) and a 9mm on my side.

What is the 12 guage in the trunk for? Shits n grins?

 

[smtimelevi]

What is the 12 guage in the trunk for? Shits n grins?

Good to go. Everybody seems to skip this part of the law:

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

IMO trunk, center console, or glove box is a container. If they can be locked you should be fine. What loaded means is unclear.

 

[winchster]

Highlighted in red the part you missed.

I was thinking more of an exception to the transport through the school zone versus being on your property.

 

[winchster]

To clarify;

Renegade lists the federal law, and unless you have a CHL possesion of a firearm within 1000 feet of a school is unlawful. Businesses and homes are exempt.

You will not find federal policemen pulling people over in school zones, though. Non federal cops, like cops, Sheriffs and troopers, cannot enforce federal laws with rare exception. You will not have an issue getting stopped by a non-fed. It is a non issue.

Now, if you are a drug runner, fugitive, bank robber, etc., expect the non federal cop to hold you for a visit by a federal who will hit you with the federal violation.

What about all those federal police I see in plain white tahoes here in the metroplex?

 

[smtimelevi]

What about all those federal police I see in plain white tahoes here in the metroplex?

If they're unmarked how do you know they are feds?