Guns stored in vehicles in public school parking lots?


T

Texasbirdhunter

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My wife is a public school teacher in Texas and also has her Texas CHL. Is there any way for her to legally keep a weapon safely locked in her truck parked in the school parking lot? The law seems to be a little vague here. I know that as a CHL holder, I can have a weapon on the premises as long as I do not enter the building. Her school is in a not-so-great area of town and it would be really nice if the law would allow her to protect herself coming and going to work.
 

In Oklahoma, no guns on school property at all including parking lots. Not supposed to carry when picking up your child.no. not even in your vehicle. This is what I understand
 
In Michigan aslong as it is locked securely in the vehicle yes it is legal. If it is a bad part I would not only lock the vehicle but somehow bolt or weld a lock box to the vehicle so it is not broken into and stole
 
"Here's the key>>It is unlawful for a handgun license holder to carry a handgun on the premises of: parking lots are not premises unless in a gated area I belive"
 
It is legal in Texas but the employer (school) policy will be the determining factor since I doubt the parking lot is gated as required for the parking lot laws protection.
 
Texasbirdhunter said:
My wife is a public school teacher in Texas and also has her Texas CHL. Is there any way for her to legally keep a weapon safely locked in her truck parked in the school parking lot? The law seems to be a little vague here. I know that as a CHL holder, I can have a weapon on the premises as long as I do not enter the building. Her school is in a not-so-great area of town and it would be really nice if the law would allow her to protect herself coming and going to work.
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Sorry, I guess my real question is does anyone know if there is somewhere to get a waiver from the NEISD school district that would allow her to keep a weapon in her vehicle?
 
In oklahoma you ARE allowed to bring it on the premises but only to pick up a student and leave. You cant exit the vehicle even if the firearm is locked inside.
 
Texasbirdhunter said:
Sorry, I guess my real question is does anyone know if there is somewhere to get a waiver from the NEISD school district that would allow her to keep a weapon in her vehicle?
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First, it is legal to store a gun in the vehicle in a parking lot of your employer, even though it may be illegal to carry on the premises. The TX legislature voted this in the last session. SEE: Relating to the possession of firearms by employees in employers’ parking areas. Senate Bill 321 82nd Leg. R.S.

Also, the TX CHL laws define the parking lot as not being part of the premises. So while it is illegal to carry in a school, it is not illegal to store a firearm in the vehicle in the parking lot

The CHL manual of laws can be downloaded from the txdps.state.tx.us website, and are the laws pertaining to carry in TX. Here are the pertinent statutes:

Penal Code §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;

Penal Code §46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE HOLDER.

(b)(2) on the premises where a high school, collegiate, or professional sporting event or interscholastic event is taking place, unless the license holder is a participant in the event and a handgun is used in the event;

(f)(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.

* Get a good gun vault and cable it down to the seat frame or such - a gun in the trunk is worthless. And I would not in any way notify NEISD or any other entity of my intentions or activities concerning the legal possession or use of my personal firearm.
 
The new Texas Parking Lot law makes specific exception for schools so it would not be legal unless the school district granted permission.
 
I understand what you are saying, but I will suggest the definition of "premises" may prevail, in that the parking lot is not considered part of the restricted premises. However, since the Labor Code uses the word "property" there may be some conflict. And is school property considered an extension of the "school district?" I might say yes to that. So while I stick to what I said, I will take consideration of your reply.

Interesting point. Thanks for the additional comments.
 
JSDinTexas said:
I understand what you are saying, but I will suggest the definition of "premises" may prevail, in that the parking lot is not considered part of the restricted premises. However, since the Labor Code uses the word "property" there may be some conflict. And is school property considered an extension of the "school district?" I might say yes to that.
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I know this thread is old but I thought I'd throw this in because I'm not sure how it factors in. I'm pretty sure this effectively kills our right to keep a firearm locked in our car in the parking lot of a school with which we are employed if the school district prohibits it in their policy.

LC §52.061. RESTRICTION ON PROHIBITING EMPLOYEE ACCESS TO OR STORAGE OF FIREARM OR AMMUNITION. 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.
Sec. 52.062. EXCEPTIONS. (a) Section 52.061 does not:
(2) apply to:
(B) a school district;
 
Oklahoma just passed a new law allowing a licensed carrier to leave their gun in their car, out of sight, while on elementary school property. This goes into effect Nov. 1, 2014. This is a great improvement as they were not allowing law officers dressed for work to come onto the property to drop off or pick up their own children while carrying. Much less, John Doe with his Carry License.


Tapatalk
 
I occasionally drop granddaughters off or pick up at their respective schools (Texas) I carry. and as long as i am not in the School proper(Building sports field). I believe i have no legality issues. If i had to go into the school, i can discretely lock my firearm in a steel case to leave in vehicle.
 
The wife, aka employee of district, must obtain an agreement with the district (it is at their discretion) on where and how she can have a firearm locked in the car. Several districts now have teachers with appropriate training to carry on school property. Teachers are not like parents, who, if they have a valid CHL can carry their firearm on property but not enter the premises with one.
 
Monkey9 said:
In Oklahoma, no guns on school property at all including parking lots. Not supposed to carry when picking up your child.no. not even in your vehicle. This is what I understand
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Same in WV. Actually, no firearms within 500 feet of a public school are permitted.
 
According to WV &61-7-11a (b)(1), there are no exceptions to allow a loaded firearm on public school property for CCW permit holders. Section (2)(C) of the same, states an unloaded firearm is permitted by a CCW permit holder locked in the vehicle or in the vehicle on the person.
 
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