Gun and the School Zone

[chiefglocker]

I was going through the Texas Conceal Handgun Law of TX other day. I found that it is much more tolerable than the Federal Law. My questions are

a) If I own a business near a High School will I be legally able to keep a handgun in my premises for protection ?

b) Under what circumtances Federal law would be appicable ?

Thanks

 

[txinvestigator]

I was going through the Texas Conceal Handgun Law of TX other day. I found that it is much more tolerable than the Federal Law. My questions are

a) If I own a business near a High School will I be legally able to keep a handgun in my premises for protection ?

Under Texas law absolutely.

b) Under what circumtances Federal law would be appicable ?

Thanks

Federal law is always applicable except when the law specifically states it is not. Federal law states, in part

subsection (q) to Section 922 of Title 18 of the U.S. Code:
(1) It shall be unlawful for any individual knowingly to possess a firearm at a place that the individual knows, or has reasonable cause to believe, is a school zone. Exception: This does not include possession of a firearm on private property that is not part of school grounds or possession of a loaded firearm by an individual who is licensed to do so by the State.

So you are not in violation of federal law either.

 

[Texas42]

All right, this is confusing me.

It would seem to me than anyone that has a loaded long gun or has a loaded handgun concealed (without a CHL) in their car and goes through a school zone is in violation of the above law.

 

[chiefglocker]

Under Texas law absolutely.



Federal law is always applicable except when the law specifically states it is not. Federal law states, in part So you are not in violation of federal law either.

I had posed a similar question in some other forum and some unknown user suggested me that I should ask this question to TXINVESTIGATOR. He was darn right I got my answer within a couple of hours. You are awesome Mr. Txinvestigator

 

[chiefglocker]

Let's wait what TXINVESTIGATOR has to say about this

 

[txinvestigator]

I had posed a similar question in some other forum and some unknown user suggested me that I should ask this question to TXINVESTIGATOR. He was darn right I got my answer within a couple of hours. You are awesome Mr. Txinvestigator

You MUST be new, I was told by a member who posted some bad info that I was not very well liked here.

 

[txinvestigator]

All right, this is confusing me.

It would seem to me than anyone that has a loaded long gun or has a loaded handgun concealed (without a CHL) in their car and goes through a school zone is in violation of the above law.

it would seem that it would be a violation of Federal Law. I never advocate violating any law.

As an aside, Non-federal law enforcement, except for a narrow set of circumstances, cannot enforce federal laws. That means Johnny local street cop cannot charge a person with a federal law violation. I think that is interesting.

 

[chiefglocker]

Yeah I am a new member. But your fame & popularity is beyond this site. I heard about you in some other website that I why I joined this website yesterday.

 

[chiefglocker]

Texas42 also know this Federal law about zoning is 1000 feet.

 

[APatriot]

Friends,

TxInvestigator is helpful with his ready access (cut and paste) to gun laws.

But, if you "google" the net, you can simply find a variety of gun laws (state and federal) to answer questions you may have.

 

[txinvestigator]

 

[dobarker]

TXI, you do good by me. I've already told some friends that if they have any questions to join TGT and ask the human book of laws.

 

[APatriot]

That is exactly how my son responded when I told him as a child I would not do "his" work for him. I refused to be an "enabler".

 

[txinvestigator]

That is exactly how my son responded when I told him as a child I would not do "his" work for him. I refused to be an "enabler".

OMG. I have a stalker.

 

[docbrazos]

chiefglocker

AS a CHL holder We can go to School parking lots while carrying no problem. If we have to get out of the car we have to leave the firearm in the Car. go Figure.
With the "new" Carry concealed in a car is lawful that does sorta bring up the School Zone issue again. I'm guessing it's not exacty legal but TXI will probably know.

 

[txinvestigator]

chiefglocker

AS a CHL holder We can go to School parking lots while carrying no problem. If we have to get out of the car we have to leave the firearm in the Car. go Figure.
With the "new" Carry concealed in a car is lawful that does sorta bring up the School Zone issue again. I'm guessing it's not exacty legal but TXI will probably know.

Penal Code section 46.03, which covers school carry, applies to everyone and FIREARMS, not just handguns.

That said you can get out of the car with it if you have a CHL. You just cannnot enter a building or a portion of a buiilding.

Hope that helps