Carry question

[tvc184]

I can only guess that under the education code somehow she is charged. That is a 3rd degree felony. Maybe she told some kid she would get her gun and shoot him... ???
I would think one of you LEOs could get some more info other than what is in the one news report I saw.

Threatening to shoot without displaying the weapon would likely be a misdemeanor Terroristic Threat, if the threat was "imminent".

There is the brandishing law in the Education Code but that would require her to display it.

There is the 3rd Degree for the for the places weapons prohibited but hiding it in a car on a campus doesn't seem to fit the law.

And yeah, I would like to find out the details (as would just about everyone else).

[WCB]

EDC §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.

[tvc184]

That's the brandishing law that I was talking about.

LOL... I didn't remember that "threatening" to exhibit was a crime. "I am going to show you my gun". FELON!!

Assuming it was in a manner intended to cause alarm.

But good catch.

[huntinfool]

This was at the end of the report and it seemed worth posting, if the news people got it right.

A law that went into effect in September 2011, makes it legal for anyone with a concealed handgun license to keep a gun locked up in their car at work, even if the workplace policy prohibits a guns on property. However, this law doesn't apply to schools and certain industrial sites

So this is saying you can not take a weapon on school property in a parking lot, even if you have a CHL?

Dang, I am confused. There are too many "the way I read it is...."

Why can't we get a clear and concise printing of the law that the lay person can understand.?

[huntinfool]

Also, we do not know how the kids found out, but it could have been something innocent too.

Students talking about all of the recent gun related incidents all over the nation. Student makes a comment about all people with guns are bad people.
Teacher replies with, I have a gun in my car, am I a bad person?
Word is out and not in a threatening manner.

This is just one of who knows how many possibilities.

I for one do not want to be the example and have to worry about whether or not a dog may alert to a gun in my vehicle, while visiting my wife for lunch. Not worth me losing my license or going to jail.

[Coach W]

This was at the end of the report and it seemed worth posting, if the news people got it right.

A law that went into effect in September 2011, makes it legal for anyone with a concealed handgun license to keep a gun locked up in their car at work, even if the workplace policy prohibits a guns on property. However, this law doesn't apply to schools and certain industrial sites

So this is saying you can not take a weapon on school property in a parking lot, even if you have a CHL?

No the law says that schools may make the policy either way in their own parking lot. If you are an employee they can tell you no and may fire you if you disobey.
If you are not an employee, they can tell you no, but there's not a **** thing they can do to you if you disobey, because it's just the isd's policy, not law.

[TXSlafav]

So where does the alternate parking lot thing come in?

(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.

[WCB]

This one has taught me that even though I think I understand a law, I don't truly understand as much as I thought...

[Silent Assassin]

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^^^

I think that's what's going to happen. If she has a best lawyer and knows the ins and outs of this legality. She should walk.

[rossivey]

This is TEXAS, everyone should be able to keep a gun in their vehicle! LOL!

This is a weird case though. I used to teach and my district had a no gun policy as well but it was kinda like "Don't Ask Don't Tell". There was a few of us that had CHLs and always had a handgun in our vehicles. Dumb law if you ask me. I don't see how ANY employer can tell you not to carry a handgun in your vehicle to and from work. I guess just don't park in the school owned parking lot but dang! That's what the September 2011 law elimated for all other employers and I love it. Our policy was no firearms on the premises too before the law was passed and it also was a "Dont Ask Dont Tell" mentality but after that law was passed, HR posted a sign in the break room that defines the law and now the parking lot isn't included in the "premises".

I think the law is known as the Motorist Safety Act. Could be wrong though.

[TXSlafav]

This one has taught me that even though I think I understand a law, I don't truly understand as much as I thought...

That's why lawyers have so many para-legals and spend all their time reading case decisions.

[tvc184]

This was at the end of the report and it seemed worth posting, if the news people got it right.

A law that went into effect in September 2011, makes it legal for anyone with a concealed handgun license to keep a gun locked up in their car at work, even if the workplace policy prohibits a guns on property. However, this law doesn't apply to schools and certain industrial sites

So this is saying you can not take a weapon on school property in a parking lot, even if you have a CHL?

Dang, I am confused. There are too many "the way I read it is...."

Why can't we get a clear and concise printing of the law that the lay person can understand.?

The 2011 parking lot law is a civil issue on whether your employer can ban you from having your CHL carried handgun in your vehicle while on the employee parking lot. It is about being lawfully fired for breaking company rules.

It has nothing to do with this case which is an employee company policy issue and does not deal with crimes.

It might be easy to confuse the two but they are separate. The news reporters might have gotten that rule right but it has no bearing on this case. The parking lot law gives no exemption to violating the law. The question should be in this case, is there a law in Texas that bans all firearms from school parking lots if otherwise legally carried. My opinion is that there is not and if the tutor was arrested for what it "appears" to be, the law was improperly applied. Without really knowing the facts of the case or without any case law to rely on, it is just a guess.

[Charlie6Delta]

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.

I took the CHL class last Saturday. This is what we were told also.

Was it a gun free zone?

He also explained that the gun free zone deal is a "Tack On", meaning if you commit a crime in that area the charge will be bumped up to the next level. He specifically said it was not illegal to carry in you car. The premises starts at the door.

I agree, WCB. I like these discussions. I want to understand it better and always appreciate tvc's input.

[Phillip Fields]

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.

Since there are federal laws that prohibit firearms on school property, wouldn't 52.062 apply and make it illegal. This section specifically mentions federal law.

[tvc184]

Since there are federal laws that prohibit firearms on school property, wouldn't 52.062 apply and make it illegal. This section specifically mentions federal law.

Again, this is the Labor Code and has nothing to do with legally or illegally possessing a weapon. It deals with an employer/employee relationship and whether he can ban you from carrying with your CHL in the company parking lot. In other words, can he fire you for it?

And yes, I know that Texas is a right to work state and you work at the will of your employer (to some extent) and so on.