Carry question

[tvc184]

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.

Can you find a law that says it is a felony (or any other crime) for a teacher to have a firearm or one that says a teacher can't have it but another person can? I understand school policy but we are talking about criminal law where the teacher was charged in a crime.

In the Education Code there is the offense of "Exhibition Of Firearms" but it doesn't distinguish between teachers and other members of the public. It is almost like the the Penal Code Disorderly Conduct charge of displaying a firearm or other deadly weapon in the public with intent to calculate alarm. The main difference is that it is a Penal Code statute is a Class B misdemeanor in public and the Education Code statute is a 3rd Degree felony on school property.

TEXAS PENAL CODE

(8) displays a firearm or other deadly weapon in a public place in a manner calculated to alarm;


TEXAS EDUCATION CODE

Sec. 37.125. EXHIBITION OF FIREARMS. (a) A person commits an offense if, in a manner intended to cause alarm or personal injury to another person or to damage school property, the person intentionally exhibits, uses, or threatens to exhibit or use a firearm:
(1) in or on any property, including a parking lot, parking garage, or other parking area, that is owned by a private or public school; or
(2) on a school bus being used to transport children to or from school-sponsored activities of a private or public school.
(b) An offense under this section is a third degree felony.


If the firearm was displayed, that may have been the offense.

[WCB]

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.

The new law says you cannot be held criminally liable for possessing a concealed handgun or ammo in a parking lot at work as long as you can legally posses gun/ammo unless your a teacher or a couple of other exceptions. But remember that this is a right to work state, and if your company happened to find a gun in your vehicle and fired you, you may not have a leg to stand on if they just say your a worthless employee. I'm union so I could kill and probably still have a job after I got out with back pay...

[WCB]

can you find a law that says it is a felony (or any other crime) for a teacher to have a firearm or one that says a teacher can't have it but another person can? I understand school policy but we are talking about criminal law where the teacher was charged in a crime.

In the education code there is the offense of "exhibition of firearms" but it doesn't distinguish between teachers and other members of the public. It is almost like the the penal code disorderly conduct charge of displaying a firearm or other deadly weapon in the public with intent to calculate alarm. The main difference is that it is a penal code statute is a class b misdemeanor in public and the education code statute is a 3rd degree felony on school property.

Texas penal code

(8) displays a firearm or other deadly weapon in a public place in a manner calculated to alarm;


texas education code

sec. 37.125. Exhibition of firearms. (a) a person commits an offense if, in a manner intended to cause alarm or personal injury to another person or to damage school property, the person intentionally exhibits, uses, or threatens to exhibit or use a firearm:
(1) in or on any property, including a parking lot, parking garage, or other parking area, that is owned by a private or public school; or
(2) on a school bus being used to transport children to or from school-sponsored activities of a private or public school.
(b) an offense under this section is a third degree felony.


if the firearm was displayed, that may have been the offense.

52.062 (2)(b)?

[Bonehead]

My instructor said a firearm in parking lot was ok. I specifically asked this question because I usually would pick my kids up from school and go straight to lease.

Same here we specifically asked our instructor a couple of months ago who also worked as a HC sheriffs deputy for 28 years and he said building only is prohibited.

[WCB]

Same here we specifically asked our instructor a couple of months ago who also worked as a HC sheriffs deputy for 28 years and he said building only is prohibited.

Please, someone prove me wrong about a teacher not allowed to conceal in a school parking lot. Not being a smartass here at all. I just want to know the law. Texas PC 52.062 (2) (b)
If I'm wrong I will sing it till the cows come home.

[tvc184]

52.062 (2)(b)?

Are you talking about the Labor Code?

That says that an employer can restrict you from carrying in a building on the job. I agree with that. That is not a felony or does not distinguish between professions. It merely allows a person to be fired for breaking company rules.

[tvc184]

Please, someone prove me wrong about a teacher not allowed to conceal in a school parking lot. Not being a smartass here at all. I just want to know the law. Texas PC 52.062 (2) (b)
If I'm wrong I will sing it till the cows come home.

There is no chapter 52 of the Penal Code.

The Labor Code perhaps?

[WCB]

There is no chapter 52 of the Penal Code.

The Labor Code perhaps?

I stand corrected as it is Labor Code 52.062 (2) (b). I think a lot slower than I type...
But, does not labor code 52.062 state that that 52.061 does not apply to a school district?

[SOLID EAGLE]

Maybe it's just me, but it sure seems like a lot of this could be straightened out if the lawyers who wrote these laws would just say what they mean. It's stupid to have these laws with "gray areas" in them. How hard is it to get it right?

[WCB]

Maybe it's just me, but it sure seems like a lot of this could be straightened out if the lawyers who wrote these laws would just say what they mean. It's stupid to have these laws with "gray areas" in them. How hard is it to get it right?

Clear as mud right???

[tvc184]

I stand corrected as it is Labor Code 52.062 (2) (b). I think a lot slower than I type...
But, does not labor code 52.062 state that that 52.061 does not apply to a school district?

You are correct and it (52.061) does not apply to a school district. It is not a criminal law however.

This is the new section that came out of the last legislature in 2011. It was the well publicized parking lot law where an employer cannot ban you (termination) from having a lawfully possessed firearm in your vehicle simply because you drove to work.

There are obviously exemptions like they can ban it inside of the business itself, inside of the company vehicles and some jobs or industries can simply ban them altogether on their property. The most publicized was chemical plants if I remember the discussions on here a couple of years ago.

Part of that exemption is school districts whether public or private and charter schools.

This law says basically an employer cannot tell you to not use your lawful CHL when you drive to work but that doesn't apply to chemical plants, schools, etc. That is an employer rule, procedure, code of conduct or whatever you want to call it and you can be terminated for. It does not make a teacher a felon when another citizen is not and in fact have no criminal penalty attached. It simply means that you can be terminated from violating company rules.

[Coach W]

Please, someone prove me wrong about a teacher not allowed to conceal in a school parking lot. Not being a smartass here at all. I just want to know the law. Texas PC 52.062 (2) (b)
If I'm wrong I will sing it till the cows come home.

My understanding of 52.062 is that it leaves it up to the school district to make their own policy on 52.061.

52.061 says "A public or private employer may not prohibit an employee who holds a license to carry a concealed handgun"

52.062 says "*Section 52.061 does not authorize a person who holds a license to carry a concealed handgun to possess a firearm or ammunition on any property where the possession of a firearm or ammunition is prohibited by state or federal law"

State law says its ok in the parking lot, but not on the premises. Premises being once you step in the doorway.

Parking lots aren't prohibited by state law, so you are in the clear by the law, but they can fire you for it if it's against the schools rules. Just no charges.

On another note a 30.06 Posted in a parking lot has no bearing. The law clearly state it's ok to have it in the parking lot, and the school would lose that battle in court, although you will have to take a ride and go to court probably so that's your choice. They can fire you for breaking their rules though. Just no charges

But no law Says teachers can't, it simply says its up to the employer, which also leaves it open for schools to ALLOW conceal carry.

[rhp997]

My understanding of 52.062 is that it leaves it up to the school district to make their own policy on 52.061.

52.061 says "A public or private employer may not prohibit an employee who holds a license to carry a concealed handgun"

52.062 says "*Section 52.061 does not authorize a person who holds a license to carry a concealed handgun to possess a firearm or ammunition on any property where the possession of a firearm or ammunition is prohibited by state or federal law"

State law says its ok in the parking lot, but not on the premises. Premises being once you step in the doorway.

Parking lots aren't prohibited by state law, so you are in the clear.

On another note a 30.06 Posted in a parking lot has no bearing. The law clearly state it's ok to have it in the parking lot, and the school would lose that battle in court, although you will have to take a ride and go to court probably so that's your choice.

But no law Says teachers can't, it simply says its up to the employer, which also leaves it open for schools to ALLOW conceal carry.

My understanding as well, Coach

[WCB]

You are correct and it (52.061) does not apply to a school district. It is not a criminal law however.

This is the new section that came out of the last legislature in 2011. It was the well publicized parking lot law where an employer cannot ban you (termination) from having a lawfully possessed firearm in your vehicle simply because you drove to work.

There are obviously exemptions like they can ban it inside of the business itself, inside of the company vehicles and some jobs or industries can simply ban them altogether on their property. The most publicized was chemical plants if I remember the discussions on here a couple of years ago.

Part of that exemption is school districts whether public or private and charter schools.

This law says basically an employer cannot tell you to not use your lawful CHL when you drive to work but that doesn't apply to chemical plants, schools, etc. That is an employer rule, procedure, code of conduct or whatever you want to call it and you can be terminated for. It does not make a teacher a felon when another citizen is not and in fact have no criminal penalty attached. It simply means that you can be terminated from violating company rules.

OK, I think I understand now. I think...
Even though LC 52.061 now makes it "legal" (or did it only make it where you can't be terminated?) to have a weapon in a locked vehicle in a company parking lot, wouldn't LC52.062 (2) (B) stating that 52.061 doesn't apply to a school district then make it illegal??

[WCB]

And by the way, I love these discussions as it can clear the air and makes us all better more knowledgeable law abiding citizens.
Thanks for all you do bro. Your one of my heros!!