Carry question

[bassmatt72]

[QUOTE=tvc184;6575590]1. I know of no law that distinguishes between a fenced lot or open lot. That seems to be speculation that is not backed up by any law.

2. I know of no law that distinguishes between an employee or another person for carrying firearms on campus. Like a teacher cannot carry but her non-teacher husband can.

This is what I was thinking, look at sec. 52.061(D)(1), (2)(A)(B), assuming the school has a policy prohibiting carry, being a tutor she is employed by the school, and the parking area they were in was fenced, and alternant parking was provided, then:
AN ACT
relating to an employee's transportation and storage of certain firearms or ammunition while on certain property owned or controlled by the employee's employer.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 52, Labor Code, is amended by adding Subchapter G to read as follows:
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) 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.
(b) Except in cases of gross negligence, a public or private employer or the employer's agent is not liable in a civil action, other than a civil action based on a violation of Subsection (a), for damages resulting from or arising out of an occurrence involving a firearm or ammunition transported or stored in accordance with this section.
(c) This section does not prohibit a public or private employer from adopting a policy requiring that any firearm described by Subsection (a), while on property controlled by the employer, must be stored in a locked, privately owned motor vehicle and hidden from plain view or locked in a case or container located in the vehicle while the vehicle is unattended.
(d) This section does not prohibit a public or private 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 transporting or storing a firearm the employee is authorized by law to possess in a locked, privately owned motor vehicle in a parking area the employer provides employees if:
(1) access to the parking area is restricted or limited through the use of a fence, gate, security station, sign, or other means of restricting or limiting general public access; and
(2) the employer provides:
(A) an alternative location on the employer's property for the employee to securely store the employee's unloaded firearm while on the employer's property; or
(B) an alternative parking area reasonably close to the main parking area in which employees and other persons may transport or store firearms in locked, privately owned motor vehicles.
(e) This section 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.
But I'm not a lawyer????

[bassmatt72]

If we only look only at the Penal Code Ch. 46 it does seem to be perfectly ok, but if we look at the Labor Code ch. 52 it doesn't seem quiet so clear now does it?

[Hammer1]

How did someone know she had the gun? I carry a gun to take my kids to school and pick them up some days. If I go in the building, it stays in the truck. I also keep my mouth shut about it.

[super_dave]

Tvc, the fence law I believe is for a petrochemical facility that has a parking lot inside a gate that is guarded.

For the school thing I don't know...

[AJMag]

The way I read the law, CHL holders should be an exception ONLY to leaving it in their vehicle. If you don't have a CHL, then you're in violation of a gun free zone, not to mention that there's a good chance the school code forbid employees from possessing guns anywhere on campus, at which point I think the vehicle extension of the castle doctrine is over ruled not only by the school code, but also the gun free zone. It's also my understanding of the law that with the definition of premises being an actual building, not just the grounds, that CHL holders should be safe from prosecution, as most instructors suggest. The comma break that then refers to any grounds is in reference to places outside the campus that may host a school function.

Also, HF, churches are no longer on the prohibited places list. And I would also argue that even though the ISD identifies the parking lot as part of the campus, it's not part of the premise as defined by the penal code, in which case I see the state rule and my CHL as being the over ruling factor there. Just my .02

[AJMag]

PC §46.03. PLACES WEAPONS PROHIBITED.
(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 pursuant to written regulations or written authorization of the institution;

(1) “Premises” has the meaning assigned by Section 46.035.

PC §46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE HOLDER.

(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.

[tvc184]

if the school forbid employees from having guns in the parking lot, and she got caught, what would be the charge. ?

It is a policy violation. Fire? Yes. Crime? Not for breaking school rules.

[tvc184]

Gun Free School Zone Act is a federal law and is not under the authority of state police officers. Any officer can turn such information over the the federal officers/prosecutors but it is not under their jurisdiction.

[tvc184]

........ and which by the way, was thrown out by the SCOTUS. It was modified but to such a way that I think it is almost unenforceable against normal people.

[Michael]

How did someone know she had the gun? I carry a gun to take my kids to school and pick them up some days. If I go in the building, it stays in the truck. I also keep my mouth shut about it.

I'm guessing it wasn't concealed, which then makes it a violation. My understanding is that you don't need a CHL to carry in your vehicle, but it must be concealed.

[bboswell]

I'm guessing it wasn't concealed, which then makes it a violation. My understanding is that you don't need a CHL to carry in your vehicle, but it must be concealed.

News report said it was in her glove box which is concealed.

[WCB]

The law allowing a legal gun owner to have a gun in a parked vehicle at work is not extended to teachers. A teacher cannot have it but I could legally have it in my car, CHL or not, as long as I can legally have the weapon.
That's the way I understand the "Parking Lot" law. And we do not have a Castle Law. We have the right to defend ourselves or others without having to flee first.
Also, you can carry in a church unless they post a 30.06 sign or give verbal or written notice tell you once inside you can't carry. The you have broken no law unless you do not leave after being given verbal/written notice.

[WCB]

Not having to retreat: TPC 9.32(c,d)
We are a Castle Doctrine State as in we can use any force required to defend our home/dwelling. But it's not the "Castle Law". TPC 9.32(b)
Teachers not allowed to have a concealed handgun: TPC 52.062 (2)(B)

[WCB]

.

[cricketfire46]

From what I learned it is an offense if there is a 30.06 sign posted at the entrance to the parking lot. Like if the school had only one driveway, then they could post 30.06. But I could have misinterpreted what I was told.