Carry question

[Coach W]

My bet is this tutor is taking the 30.06 sign in the parking lot to court. She goes to jail, gets a lawyer, they settle outside of court once Houston realizes the school can't post a 30.06 sign in the lot...

OR

They go to court, then the school loses, and all the big dumb liberal isd's will have to take down their 30.06 signs in the parking lots as they aren't binding... And this tutor gets a big piece of the taxpayers money for her grief and anguish of being plastered all over the news as a felon... when in reality she was following the letter of the law to a "t"... of course she will be fired but she won't need to work again after that so she will be ok.

just my guess but I bet the school lawyers take option 1...

Unless the tutor was being negligent. In which case they will string her up by her toe nails from the flag pole and give each other pats on the back because they "stopped a terroristic threat" all the while their schools fail to meet standard year after year. http://www.chron.com/news/houston-te...-S-3772783.php

[tonyt79]

Would like to hear what happens here

[WCB]

By no means am I a lawyer, a police officer or any other legal type person and that is why I want to be schooled on this (and many other issues). If the Labor code doesn't have any weight on criminal proceedings I stand corrected.
And I do stand here and apologize for misquoting the Texas Penal Code for the Texas Labor Code. My mistake...

[WCB]

Has anyone read Gregg Abbott's (Texas Attorney General) opinion on 52.061/52.062? Really very interesting read.
The link

https://www.oag.state.tx.us/opinions/opinions/50abbott/op/2012/htm/ga0972.htm

[Coach W]

Has anyone read Gregg Abbott's (Texas Attorney General) opinion on 52.061/52.062? Really very interesting read.
The link
https://www.oag.state.tx.us/opinions...htm/ga0972.htm

That's a good read. He says "For these reasons, we conclude that the exception set out in subsection 52.062(a)(1) does not include a notice posted under the authority of section 30.06. Accordingly, under section 52.061 of the Labor Code, an employer may not ban the transport and storage of firearms in locked private vehicles by employees with concealed handgun licenses in employee parking areas by posting notice under section 30.06 of the Penal Code."

[WCB]

That's a good read. He says "For these reasons, we conclude that the exception set out in subsection 52.062(a)(1) does not include a notice posted under the authority of section 30.06. Accordingly, under section 52.061 of the Labor Code, an employer may not ban the transport and storage of firearms in locked private vehicles by employees with concealed handgun licenses in employee parking areas by posting notice under section 30.06 of the Penal Code."

Bingo
That covers 90% of us but I'm concerned for the other 10%... And as a "work at will" state, there is no legal repercussion for an employer who fires someone for having a legal weapon in their vehicle. Once someone gets fired for something like this it might get really hard to find a job with this on their record...
And I do understand a lot of the labor laws as I am the Chief Steward in our union and have to deal almost daily with them. The Texas Supreme Court probably will not overturn a firing for having a legal weapon or ammo in a locked vehicle per the "work at will" statutes.
I just want to understand the legal ramifications of the Labor Code pertaining to the "parking lot" rule/law/suggestion... eg: the arrest of a teacher who has a concealed handgun on school property (parking lot).

[tvc184]

...............I just want to understand the legal ramifications of the Labor Code pertaining to the "parking lot" rule/law/suggestion... eg: the arrest of a teacher who has a concealed handgun on school property (parking lot).

Here is the major problem with this. All we have from the OP is a kind of blanket statement that a tutor was arrested. We don't know what the charge is or what the circumstances are. As I pointed out earlier, there is a 3rd degree felony in the education code about brandishing a firearm at a school. Is that what happened and a good charge? Was it a UCW which probably does not apply and a bad decision by an officer and/or the DA? Was it under the prohibited places law?

There are all kinds of "what ifs" in this case and we are all speculating with no specifics at all.

It is hard to understand legal ramifications when we don't even really know what we are discussing.

[WCB]

Maybe we can find out the actual charges today. Hopefully the teacher didn't break a law but if they did then they should do the time.

[LWD]

Has anyone found a news report on this? I can't find anything.

LWD

[systemnt]

In my CHL class the instructor said there are a few places you can not carry. Schools, churches, sporting events etc. I can only speak for our local ISD, but it clearly states that they consider the parking lot to be part of their campus and therefore you can not possess a firearm. I think it is BS. If I have it locked away in a safe in my locked vehicle and I am not carrying it into the building, then I don't see what the problem is.

My wife works for the school and i have had to turn around many a day to take my firearm home.

Your instructor is misinformed..specifically about churches.. i took my chl course in our church..and the congregation as well as pastors are armed.
Parking lots of schools are not considered buildings.
Read tv's post.

[WCB]

Kemp is to be charged with illegal possession of a weapon on campus. That's a third degree felony.

http://abclocal.go.com/ktrk/story?section=news/local&id=8977499

[tvc184]

Kemp is to be charged with illegal possession of a weapon on campus. That's a third degree felony.

http://abclocal.go.com/ktrk/story?se...cal&id=8977499

Bogus charge in my opinion.

[systemnt]

Kemp is to be charged with illegal possession of a weapon on campus. That's a third degree felony.

http://abclocal.go.com/ktrk/story?se...cal&id=8977499

Needs a lawyer that can read and a jury trial.

[Coach W]

Kemp is to be charged with illegal possession of a weapon on campus. That's a third degree felony.

Well here it is. The court case that shows these uber liberal schools they don't get to police a persons locked car, even if its in their own parking lot.

Anybody want to place bets on the outcome?

Counter sue for grievances and the school settles out of court in her favor for an undisclosed amount. My bet^^^

[bboswell]

Kemp is to be charged with illegal possession of a weapon on campus. That's a third degree felony.

Well here it is. The court case that shows these uber liberal schools they don't get to police a persons locked car, even if its in their own parking lot.

Anybody want to place bets on the outcome?

Counter sue for grievances and the school settles out of court in her favor for an undisclosed amount. My bet^^^

We can hope!