School Premises

[DFR]

PC46.03 seem to read to me that it is now legal to go on school premises or school functions with my concealed handgun. Is this correct or am I just wishful thinking? I'm basing this on what went into affect on August 1, 2016.

 

[txinvestigator]

Please post what section makes you think that.

Four year colleges and universities are OK for concealed carry, based on the restrictions the college publishes. Junior Colleges and Community colleges are still off limits until this August.

 

[DFR]

Text of subsection effective on Aug. 1, 2016

(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):

(1) on the physical premises of a school or educational institution, any grounds or building on which an activity sponsored by a school or educational institution is being conducted, or a passenger transportation vehicle of a school or educational institution, whether the school or educational institution is public or private, unless:

(A) pursuant to written regulations or written authorization of the institution; or
(B) the person possesses or goes with a concealed handgun that the person is licensed to carry under Subchapter H, Chapter 411, Government Code, and no other weapon to which this section applies, on the premises of an institution of higher education or private or independent institution

of higher education, on any grounds or building on which an activity sponsored by the institution is being conducted, or in a passenger transportation vehicle of the institution;

 

[DFR]

I think I see it now "higher education"

 

[txinvestigator]

I think I see it now "higher education"

you got it

 

[motorcarman]

**Primary-Secondary
Teacher Parking Lot

HB1692 by Representative Cole Hefner (R-Mount Pleasant) Relating to the transportation and storage of a handgun or other firearm and ammunition by a license holder in a motor vehicle in a parking area of a primary or secondary school.

The legislation protects the jobs of hard-working primary and secondary teachers with an LTC, wishing to have their firearm, stored out of sight, in their personal, locked vehicle on the school's parking lot.This group was not previously covered by the employer parking lot bill from years ago.

Neither the House Bill nor the Senate version, carried by Senator Bryan Hughes (R-Mineola), completed the process but in the last days of session Representative Hefner amended his language onto SB1566 by Senator Lois Kolkhorst (R-Brenham) (Read the amendment on page 11). Click on the link to SB1566 above and find the amendment on page 11. Goes into effect Sept. 1st

Governor signed (6/15/2017)

 

[RodKo40S&W]

**Primary-Secondary
Teacher Parking Lot

HB1692 by Representative Cole Hefner (R-Mount Pleasant) Relating to the transportation and storage of a handgun or other firearm and ammunition by a license holder in a motor vehicle in a parking area of a primary or secondary school.

The legislation protects the jobs of hard-working primary and secondary teachers with an LTC, wishing to have their firearm, stored out of sight, in their personal, locked vehicle on the school's parking lot.This group was not previously covered by the employer parking lot bill from years ago.

Neither the House Bill nor the Senate version, carried by Senator Bryan Hughes (R-Mineola), completed the process but in the last days of session Representative Hefner amended his language onto SB1566 by Senator Lois Kolkhorst (R-Brenham) (Read the amendment on page 11). Click on the link to SB1566 above and find the amendment on page 11. Goes into effect Sept. 1st

Governor signed (6/15/2017)

If I am reading this amendment correctly, the school exception will apply ONLY to LTC holders, even though any non-restricted citizen can carry a firearm in his vehicle. Is that true?

 

[easy rider]

If I am reading this amendment correctly, the school exception will apply ONLY to LTC holders, even though any non-restricted citizen can carry a firearm in his vehicle. Is that true?

That's how I read it .... LTC.

 

[motorcarman]

Subchapter C, Chapter 37, Education Code, is amended by adding Section 37.0815 to read as follows:

Sec. 37.0815.

TRANSPORTATION OR STORAGE OF FIREARM AND AMMUNITION BY LICENSE HOLDER IN SCHOOL PARKING AREA.

(a )A school district or open-enrollment charter school may not prohibit a person, including a school employee, who holds a license to carry a handgun under Subchapter H, Chapter 411, Government Code, from transporting or storing a handgun or other firearm or ammunition in a locked, privately owned or leased motor vehicle in a parking lot, parking garage, or other parking area provided by the district or
charter school, provided that the handgun, firearm, or ammunition is not in plain view.

(b) This section does not authorize a person to possess, transport, or store a handgun, a firearm, or ammunition in violation of Section 37.125 of this code, Section 46.03 or 46.035, Penal Code, or other law.

 

[majormadmax]

If I am reading this amendment correctly, the school exception will apply ONLY to LTC holders, even though any non-restricted citizen can carry a firearm in his vehicle. Is that true?

The Federal law (Gun-Free School Zones Act of 1990, a.k.a. GFSZA) prohibits unlicensed individuals from being carrying within 1000' of a school unless the following exceptions apply...

Pursuant to 18 U.S.C. § 922(q)(2)(B):

[18 U.S.C. § 922(q)(2)(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.

Pursuant to 18 U.S.C. § 922(q)(3)(B):

[18 U.S.C. § 922(q)(3)(A)] does not apply to the discharge of a firearm—

(i) on private property not part of school grounds;

(ii) as part of a program approved by a school in the school zone, by an individual who is participating in the program;

(iii) by an individual in accordance with a contract entered into between a school in a school zone and the individual or an employer of the individual; or

(iv) by a law enforcement officer acting in his or her official capacity.