I've got a couple questions about CHL on school properties and the "Gun Free School Zones" I know these different types of CHL questions come up regularly, and before anyone responds with a "read the penal code..." response, the penal code can be a little confusing or hard to interpret a ttimes. I know there are many law enforcement career and career related people here that can clear this up for me and probably for many others. I'm pretty sure the school property part excludes parking lots and sidewalks, allowing me to leave the gun in my vehicle or even carry it concealed up to the front door. Please correct me if I'm wrong about this. Secondly, the "gun free school zone" signs that some schools have posted in their parking lots, I understand that with a valid CHL I can still posses the gun in my vehicle? The way it is worded and looking at other posts and forums I interpret it to be legal with a chl even in these "zones"? Anyone with correct and valid info please post and let me know if this is correct or not. Thanks inadvance.
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CHL in School and "Gun Free Zone"
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Sec. 46.03. PLACES WEAPONS PROHIBITED. (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 pursuant to written regulations or written authorization of the institution;
Now premise, from what I have been told has been defined as the actual building itself. As long as there is no activity being conducted at that time, you will be ok to carry on the property as long as you don't enter the building. If there is an activity such as a football game, band concert, etc, then you can't carry on the property. This is how it was explained to me at the CHL class I attended.
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Originally posted by dhillis View PostNow premise, from what I have been told has been defined as the actual building itself. As long as there is no activity being conducted at that time, you will be ok to carry on the property as long as you don't enter the building. If there is an activity such as a football game, band concert, etc, then you can't carry on the property. This is how it was explained to me at the CHL class I attended.
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It might be referring to the Gun Free School Zone Act under federal law. The original act was thrown out by the SCOTUS but Congress changed it and it has yet to be challenged by the SCOTUS ... yet. Some lower courts have upheld it. It seems like the changes in 1995 did not do much to change the original 1990 law that was overturned.
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