Leaving gun in car at work

[txinvestigator]

And if I recall correctly, neither 46.03 nor 46.035 prohibit legal concealed carry in school parking lots. So, if I have that right (?), the sign that Jeff photographed and posted is basically a waste of metal and paint.

It is on government schools. Private schools are not covered in the exception.

 

[txinvestigator]

That was my thinking. Is this just some sort of reminder by the school that drugs and weapons aren't allowed unless you're carrying with a CHL? Is there any sort of law that would forbid me from carrying concealed in the parking lot? In the school?

No

Also - it may be important to note that this school is also a registered polling place for the area. But does that only count during the time that polls are being conducted?

Only on a day of election, and again, parking lots are not prohibited even then.

 

[Old Man of the Mountain]

Not sure of the legal aspect, but why would your employer search your car? I'm not that old having only been in the workforce for 15 years or so, but I've never worried about a search of my vehicle by an employer. Hell my last employer didn't even care when my vehicle was damaged on two occasions and broken into on their property.

I have never had my vehicle searched either, and that includes working for some employers that were high on security.

If you are worried about it, and I can understand your being worried about loosing your job- Can you park off their property?

 

[Old Man of the Mountain]

Jeff, this is excerpted from the Cy-Fair employee standards of conduct:

Firearms
Legislation enacted by the 74th Regular Session of the Texas Legislature regarding the bearing of firearms provided
employers with the right to prohibit firearms from the workplace. Firearms are prohibited from any and all property
of the Cypress-Fairbanks Independent School District with the exception of licensed peace officers who are serving in
their official capacity. This prohibition includes vehicles on any school property.

I'd think that most districts in the Houston area have the same standard, but that doesn't make it illegal for a CHL holder to possess a concealed handgun in the parking lot of the school.

Just trying to add some clarity between law and company policy...

No 30-06 signs in this district either, but they do post signs on poles on the school grounds "This is a gun free zone".

If I got the correct information from my instructor at my CHL class, "You have the right to drop your children off to school, including being on the sidewalk, that is a public sidewalk and you have just as much right to it as anyone else".

Where the actual school building begins could be up to discretion and interpretation, so if there is a breezeway in front of the doorway, I would not enter that with you CCW, just to be on the safe side.

It is a real shame, but honest law abiding Citizens are the only ones that are afraid that they will "get into trouble" for having a self defense firearm for protection against the free roaming thugs!

 

[Old Man of the Mountain]

No



Only on a day of election, and again, parking lots are not prohibited even then.

I am still not certain how that is enforced on Day of Election, can you explain that?

We covered that in CHL class, but that was unclear to me.

 

[40Arpent]

I am still not certain how that is enforced on Day of Election, can you explain that?

We covered that in CHL class, but that was unclear to me.

PC §46.03.​

Places Weapons Prohibited
(a) A person commits an offense if the person intentionally, knowingly, or recklessly possesses or goes with a firearm, illegal knife, club, or prohibited weapon listed in Section 46.05(a):

(2) on the premises of a polling place on the day of an election or while early voting is in progress;

I am not sure what you mean by how it is enforced, but it's clearly written in the law. The only way to literally "enforce" that law would be to physically check everyone entering the polling place.

 

[40Arpent]

And to further clarify "premises":


PC §46.035
(3) "Premises" means a building or a portion 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.

 

[JKTex]

If I got the correct information from my instructor at my CHL class, "You have the right to drop your children off to school, including being on the sidewalk, that is a public sidewalk and you have just as much right to it as anyone else".

Where the actual school building begins could be up to discretion and interpretation, so if there is a breezeway in front of the doorway, I would not enter that with you CCW, just to be on the safe side.

Agreed. (can you believe it? ) Sidewalks, drives and parking lots are not off limits. Just inside the building. Which I also agree, sucks. I'm waiting to the day someone that doesn't know me, looks into my truck as I'm parking (I'm up there all the time, parked right in front on the drive) and sees me pulling mine and locking it up. I'm not doing anything illegal, but it sure could "cause alarm". Luckily, I think, enough people know me, or at lest know of or recognize me and/or my truck and wouldn't be "alarmed" out loud.

As for the "how do they enforce" that's totally separate from what the law is. How do they enforce speeding, running red lights/stop signs etc.? If they see it or have a suspicion is really all. Not something I'm going to do and chance, regardless of the near non-existent chance of getting caught.

 

[Old Man of the Mountain]

PC §46.03.​

Places Weapons Prohibited
(a) A person commits an offense if the person intentionally, knowingly, or recklessly possesses or goes with a firearm, illegal knife, club, or prohibited weapon listed in Section 46.05(a):

(2) on the premises of a polling place on the day of an election or while early voting is in progress;

I am not sure what you mean by how it is enforced, but it's clearly written in the law. The only way to literally "enforce" that law would be to physically check everyone entering the polling place.

Someone told me that they think that there is also a 500 foot requirement along with that.

Have you seen anything in writing about a 500 foot requirement?

 

[txinvestigator]

Someone told me that they think that there is also a 500 foot requirement along with that.

Have you seen anything in writing about a 500 foot requirement?

There is no 500 foot anything with that law

 

[bayouhazard]

Someone told me that they think that there is also a 500 foot requirement along with that.

Have you seen anything in writing about a 500 foot requirement?

There are rules about loitering and campaigning near a polling place but I think that's a 100' limit.

 

[DoubleActionCHL]

Alright, I went and got a pic of it as like I said it's just behind my house.

Anyone have any idea what the specifics of such a sign like this may be?

This is out on the street in front of an elementary school in a neighborhood.

Is this any different from any other invalid 30.06 sign or are there pre-existing laws regarding school property? I notice that it says nothing of guns, rather "weapons" in general and I thought previously that a great example of a typical, invalid 30.06 sign was just a gun crossed out like in this case. So, what's everyone's thoughts?

Isn't it obvious? This is an invitation to criminals to victimize those deprived of an effective form of self-protection.

 

[arvetus]

Does a 30.06 sign HAVE to be posted to keep CHL holders from carrying?

For example, if you simply have a sign that simply says "no handguns," without siting the statute, statute number, or verbiage within the statute, it is not enforceable to a CHL holder, correct?

A lot of places like hospitals and Dr. offices have these signs, but no actual sign citing 30.06. A lot of these same places also have signs stating "no cellphones" along with "no handguns" and yet everybody and their brother is yapping on a cell phone in the building.

With the exception of schools, which is clearly written in the penal code, one might could argue that if no one enforces the "no cellphone" sign, the "no handgun" sign can't be enforced either without citing statute 30.06 of the penal code, at least for CHL holders.

 

[DoubleActionCHL]

*sigh*

 

[txinvestigator]

Does a 30.06 sign HAVE to be posted to keep CHL holders from carrying?

No. A document or card with 30.06 language (minus the spanish) or verbal notice will suffice.

For example, if you simply have a sign that simply says "no handguns," without siting the statute, statute number, or verbiage within the statute, it is not enforceable to a CHL holder, correct?

correct.

With the exception of schools, which is clearly written in the penal code, one might could argue that if no one enforces the "no cellphone" sign, the "no handgun" sign can't be enforced either without citing statute 30.06 of the penal code, at least for CHL holders.

Negative. Regardless of how they enforce other prohibitions, unless the sign meets the requirements in 30.06 no enforcement is possible.

 

[JKTex]

Does a 30.06 sign HAVE to be posted to keep CHL holders from carrying?

For example, if you simply have a sign that simply says "no handguns," without siting the statute, statute number, or verbiage within the statute, it is not enforceable to a CHL holder, correct?

A lot of places like hospitals and Dr. offices have these signs, but no actual sign citing 30.06. A lot of these same places also have signs stating "no cellphones" along with "no handguns" and yet everybody and their brother is yapping on a cell phone in the building.

With the exception of schools, which is clearly written in the penal code, one might could argue that if no one enforces the "no cellphone" sign, the "no handgun" sign can't be enforced either without citing statute 30.06 of the penal code, at least for CHL holders.

*sigh*

I wasn't sure whether to laugh or scream!!!! I kinda did both!

 

[arvetus]

Did I ask a dumb question? I'm just trying to fully understand the rules.

Here is an example of the sign in question... And this is the only verbiage, no statute cited.

 

[cuate]

gun in car at work

I spent almost 30 years at an un-named helicopter plant in Hurst/Ft. Worth, TX that didn't in later years allow guns on company property, parking lots, employee's cars, etc.

This Company completely ignored thieves on the parking lots stealing tires, gasoline, whatever.....I totally ignored their rules about guns in my vehicle. End of story.

 

[txinvestigator]

Did I ask a dumb question? I'm just trying to fully understand the rules.

Here is an example of the sign in question... And this is the only verbiage, no statute cited.

They are laws, not rules. Violating them has much more severe consequences than breaking rules. lol

You example has been answered in this thread. That sign is meaningless.

 

[Jeff]

Why give the guy such a hard time? To me it sounded as though stating that he wanted to "fully understand the rules" was more of a figure of speech than anything else. Right along the lines of the saying "play by the rules." Granted, it may not technically be grammatically correct to interchange rule with law or vice versa (or is it?) But by definition and in this case, it's fine, so why such a big deal...? His question was appropriate and the photo of the sign was a great idea so he and everyone else, now afraid to ask, will know as well.

Speaking of being anal about every detail, here's one:

rule - A regulation, law, guideline; ... Something to keep order; To regulate, be in charge of ...

Definition: rule /rul/ [rool] ,
noun, verb, ruled, rul⋅ing.

(#) 10. Law.

• a. a formal order or direction made by a court, as for governing the procedure of the court (general rule) or for sending the case before a referee (special rule).
• b. a legal principle.
• c. a court order in a particular case.

Then the opposite...

Definition: Law -noun

2. any written or positive rule or collection of rules prescribed under the authority of the state or nation, as by the people in its constitution.

3. the controlling influence of such rules; the condition of society brought about by their observance: maintaining law and order.

4. a system or collection of such rules.

5. the department of knowledge concerned with these rules; jurisprudence: to study law.

6. the body of such rules concerned with a particular subject or derived from a particular source: commercial law.

So call it what you want, there's no need to give the guy such a hard time. Seems like he only posted the sign to explain why he was asking such a question about a law that seems pretty clear after being attacked. Can't play around with the rules in Texas...they'll get you into trouble!

I don't mean to be an ass but you guys need to loosen up a little